Package aims to help migrants who are victims of fraud and scams

​The government has introduced a short-term package to help migrants who have been the victims of employment fraud or scams.

Migrants who believe they’ve been exploited can receive funding for accommodation and living costs, assistance to find work and will be referred to community groups that will receive one-off funding to support any other immediate needs the migrants have.

Immigration Minister Andrew Little told Nemai Vucago on Pacific Mornings the package is aimed at migrants who come here and find their job didn’t exist, or wasn’t what they expected, or there was no accommodation.

He said that if a migrant believes they’ve been a victim of fraud or a scam, then this programme will provide some short-term relief.

“We do have duty once they’re here to look after them and care for them and make sure they’re not put into an even more difficult situation. And because they do have visas we do want to help them find work,” Little told Pacific Mornings.

The assistance is only available to migrants who transfer on to a Migrant Exploitation Protection Visa (MEPV) and will end in March 2024.

Migrants who apply in September 2023, will be able receive the full 6-month package. Those who apply later will receive assistance on a pro-rata basis.

Little also said he’s had information that the way employer accreditation processes are currently conducted, may not be capturing those who are acting fraudulently.

He has instructed the Immigration Service to conduct a full review to consider whether processes could be improved or changed.

By the time the temporary support package ends in March 2024, Little is confident that “we’ll have good systems that will minimise the risk of people being in this situation”.

But he says it’ll be up to the government that is in place in March 2024 to decide whether to continue the support package, change it or close it down.

Background on the Migrant Exploitation Protection Visa

• The Migrant Exploitation Protection Visa (MEPV) and dedicated reporting tools to report migrant exploitation were introduced on 1 July 2021 to encourage individuals to report instances of migrant exploitation, and to help victims leave exploitative situations quickly while remaining lawfully in New Zealand,

• The MEPV enables migrants on an employer-assisted work visa who experience exploitation to transition onto a temporary visa that is not linked to their employer for up to six months, or the balance of their current work visa, whichever is the lesser,

• This visa gives them time to find a new job that is compliant with the AEWV including the relevant wage threshold and matches their skills. Alternatively, they may choose to depart New Zealand.

Short term support for exploited migrant workers

Scheme duration

• The scheme runs until March 2024.

Support provided

• Funding for accommodation and living costs benchmarked on the Jobseeker Support Benefit entitlement (approx. $50 per person per day) which could be, topped up to $100 per person per day dependent on need,

• Community Connectors and E Tū Whānau community groups will have one-off funding to support other immediate needs that may arise.

Eligibility

• MEPV holders who apply for support in September 2023 may be able to access the full six months of support depending on the amount of time left on their MEPV. MEPV holders who apply after September 2023 would receive support on a pro-rated basis,

• Only migrant workers on an MEPV will be eligible, to ensure that support is targeted to victims of migrant exploitation.

Delivery

• The main accommodation and living support would likely be delivered through a third-party provider contracted by MBIE; this would be complemented by MSD’s Community Connectors.

Change to allow migrants to apply for a further MEPV

• The MEPV enables migrants on an employer-assisted work visa who experience exploitation to transition onto a temporary visa that is not linked to their employer for up to six months, or the balance of their current work visa, whichever is the lesser,

• Migrants applying for a further MEPV will have to meet all of the visa requirements and demonstrate that they have made reasonable efforts to find a job that would qualify them for an Accredited Employer Work Visa (AEWV)

• A check will also be carried to ensure the claim continues to meet the initial assessment of genuine based on information held by MBIE,

• Migrants on MEPVs will not need to go through the process of reporting their exploitation to MBIE’s Employment Services again in order to access the further visa,

• Officials are working through the details of how and when this change will be implemented to ensure this is a fair and equitable process that provides certainty to migrants and aligns with the wider immigration system,

• Further details will be announced in due course.

Job search support

• Migrants on an MEPV will receive tailored support to find a new AEWV job, provided through MSD’s Community Connectors programme. Connectors can link migrants into MSD’s existing employment services, as well as help preparing a person for employment by making sure they have the right tools and gear.

Removal of 90 Day Trials for AEWV

• A new ‘Job Check’ requirement will be introduced, meaning applications must not include an employment agreement with a trial period,

• A new accreditation standard will be also introduced, requiring an employer to commit to not using trial periods when hiring AEWV holders. Accredited employers who continue to dismiss migrant workers based on a trial period will be liable to have their accreditation revoked.

Triangular employers in construction

• Triangular employers will have to prove their financial viability when apply for or renewing their Accredited Employer accreditation,

• Triangular employers recruiting migrants for construction site work will need to have at least 35% of their workforce made up of New Zealanders, an increase from the current 15%.

Watch the full interview with Andrew Little on Pacific Mornings.