Discover what it means for AEWV visa migrant workers in New Zealand when a company goes into receivership or liquidation. Know your rights, options for job changes, and how to maintain your visa status. Stay informed and protected. If you still have questions, contact Immigration Lawyer NZ.
Let's talk about the unfortunate situation when a company goes into receivership or liquidation, and what it means for migrant workers in New Zealand. Now, the basic premise is straightforward: migrant workers on temporary visas have the same rights as any other worker in New Zealand. This includes being paid at least the minimum wage and not being exploited. So, if you're a migrant worker caught up in such a scenario, here's what you need to know.
First, if your employer goes under and you've got a job offer elsewhere, you can apply for a job change which is also commonly referred to as VOCs, Variation of Conditions. It won't extend your visa, but it will allow you to work for a new accredited employer under the Accredited Employer Work Visa (AEWV). Just ensure your new job checks out.
If you haven’t travelled to New Zealand yet but have a visa tied to an employer that's gone belly up, don't pack your bags just yet. Immigration New Zealand will have been in touch with further instructions, so don't travel on that visa.
Staying in the country unlawfully comes with risks. Overstaying by more than 42 days could mean you won't be welcome back anytime soon. If your visa has expired, you've got two choices: leave the country immediately or apply for a visa under Section 61 of the Immigration Act 2009, if you've got a special case. Make your plea clear, detailed, and well-documented, but remember, no credit card details in your request.
Now, if your partner or dependents have visas because of your AEWV, they might not need to act immediately. Contact Immigration New Zealand to clarify their situation.
Exploitation is a serious issue, but it's important to understand what it actually entails. Migrant exploitation includes things like being threatened, having your passport withheld, or being forced to work without breaks or adequate pay. It doesn't usually cover non-payment due to company liquidation, redundancy, or individual breaches of employment agreements.
If you face exploitation, there's a specific visa for you – the Migrant Exploitation Protection Visa (MEPV). This visa allows you to leave your exploitative job quickly while an investigation is underway.
The bottom line? Know your rights, stay informed, and don't hesitate to reach out to us for legal support. It’s crucial to act quickly and appropriately to maintain your lawful status and protect your well-being.
