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New Zealand – Desperate employers unlawfully employing visa over-stayers

24 October 2014

Employers in New Zealand are so desperate to fill jobs that they are continuing to employ migrant workers even though their work visas have expired, according to an immigration expert, reports nzherald.co.nz

Paul Spoonley, a sociologist at Massey University, commented: "The numbers are beginning to creep up, this is partly a response from the immigrants but as we come out of the global financial crisis, and skill and labour shortages, some of this is driven by employers as they seek to fill these shortages from whatever source.”

"Employers need to be convinced that it is not in their interest to employ illegal workers, this is difficult given some of the advantages of these workers."

Professor Spoonley said workers who are unlawfully tend to be compliant and are unlikely to complain about work conditions: "They are often cheap in terms of labour or wage costs and they are often meeting labour needs that cannot be met by local workers.”

AUT University business school researcher Danae Anderson warned that this emerging trend should be of concern to New Zealand agencies: "Though the concern should [also] be the conditions these over-stayers are living in, given that they have no welfare support and the only jobs available to them are in the secondary labour market with its exploitative and precarious conditions. As over-stayers they will typically be deported so become 'invisible' so as not to draw attention to themselves."

The most recent estimate of over-stayers, carried out in September last year, put the total at 13,151.

In 2009/10, nearly half of the 166,857 work visas granted were renewals, or to workers who had previously held work visas. Renewal approvals fell from 49.5% in 2009/10 to about 43% in 2012/13 and 2013/14. Between 1 July and 30 September 2014 only 38.5% of work visas approved were to previous work visa holders.

Licensed immigration adviser Tika Ram, who is currently representing seven over-stayers, commented: "Some have worked in the country for more than seven years...many of them have children who are not attending school due to their parents' immigration status,” adding that it was "unjust" for Immigration to be issuing new work visas instead of renewing previous visa holders who had jobs and employer support.

Immigration denied there had been any change to its policy on approving work visas.

A spokesman advised: "Temporary work visas are issued for a limited period as labour market conditions can often change and employers need to prove that there are no New Zealanders available to do a particular job every time an individual work visa expires. Immigration officers need to be satisfied that there are no suitable New Zealanders available to take up a job which has been offered to a temporary migrant."