Work visa review: Policy issues still need to be dealt with, say critics

Immigration New Zealand is ignoring concerns that its work visa scheme was allowing migrants to buy jobs and be exploited, critics say.

The Accredited Employer Work Visa scheme was brought in after Covid-19 border closures led to a worker shortage. It was designed to reduce visa processing times, with the number of checks required by immigration officers reduced.

But there have since been countless stories of migrants being brought into the country, finding their jobs do not exist, and being forced to live in overcrowded and unsanitary conditions.

The Public Service Commission today released the findings of an independent review of the scheme, which looked at whether Immigration New Zealand had mitigated the risk of migration exploitation appropriately.

Deputy Public Service Commissioner Heather Baggott said the review found Immigration's decision to loosen the settings was reasonable - but it did not adequately assess the risk of abuse these reduced checks would have.

"When Immigration New Zealand officials did raise concerns about the risk leadership at the agency they failed to pay adequate attention," she said.

The report detailed how multiple Immigration NZ staff members told senior managers migrants had paid employers large amounts of money to secure jobs or visas, and were giving scripted responses to officials to conceal this.

Some workers were not getting paid, and ineligible employers were being granted accreditation.

Staff said they felt Immigration bosses were dismissive and that problems raised were "swept under the carpet."

Ministry of Business, Innovation and Employment (MBIE) chief executive Carolyn Tremain said they were working to ensure staff felt they could speak up and be heard.

She said they had also tightened the settings and added more checks to the visa operations.

"We absolutely accept the findings and recommendations of this review. There are serious issues raised in the report and I can assure you we will fix it and learn from it."

Immigration New Zealand head Alison McDonald said it was a complex time when the border opened.

"The review described it as a perfect storm and I actually think it was," she said.

"In balancing the risk and the need to bring in not just workers, but people who hadn't met their grandchildren, there was a huge pent-up demand. We didn't get that balance right.

"As soon as we were able to get the evidence on what we needed to shift, we shifted," McDonald said.

She said some of the stories they had heard were heartbreaking, and they were working to support migrants affected.

'I just want a system that is functional'

But commentators say what was missing from the review was policy, after it was deliberately excluded.

Licensed immigration advisor Katy Armstrong said it was the policy setting that needed to change.

"I just want a system that is rational, functional, that I can stand proudly and say this is a really great system, by and large we get it right."

She said she had not been able to say that for the past 18 months.

The scheme was introduced under Labour leader Chris Hipkins, and he still thinks the idea of accredited employers is a good one.

"The accredited employer work visa was introduced in order to try and stop exploitation," he said.

"We know that it then led potentially to more exploitation, and I think that's something that does need to be really closely looked at."

Green MP Ricardo Mendez March wanted to see employment visas not tied to an employer.

"Workers whole ability to stay in the country depends on a single employer - that increases the risk of exploitation and the government could end it tomorrow."

The latest figures show there are nearly 33,000 accredited employers. Just 145 have had their accreditation revoked and 53 suspended.

The new immigration minister has asked MBIE for advice on the visa scheme.

Call for another review

Migrant Workers Association spokesperson Anu Kaloti said the review would give immigration staff the confidence they could voice their concerns, without repercussions, in the future.

"Also, it mentions that there will be work done on an ongoing basis to make improvements so that that's a good sign that there's always room for improvement no matter how good systems are."

But Kaloti told Midday Report that the "biggest let down" was that the review "never intended to deal with the policy side of things".

"I hope that there will be another review which goes deeper and and wider and broader into the actual practice of tying our migrant workers to single employers, that's the root cause here."

She said the department had "ignored" checks and balances, saying the number of migrant workers being exploited was on the rise.

While some migrants were "scammed ... brought in to do a job but the job doesn't exist, or the company has folded", others were faced with being "overworked and underpaid, people being abused verbally, some cases of physical assault", Kaloti said.

"It's not a very good introduction to New Zealand, so most of them do feel quite badly burnt.

"Many of them are skilled and then they've worked as migrant workers in other countries. For example we have a whole batch of truck drivers who have come from the Middle East, from Dubai and other countries in the Middle East, and and when they compare their experience they feel very, very down and and depressed to be here."

The fact that nearly 200 employers had to be investigated for wrongdoing, Kaloti said showed that the system was not robust to start with.