Migrant In Limbo As Job Offer Pulled By Te Whatu Ora

Michael Yoon
Principal Immigration Lawyer

A Te Whatu Ora job offer withdrawal has left migrant Danish Khan facing visa expiry and financial hardship, highlighting the impact of recent immigration policy changes on migrant workers in New Zealand. Contact Immigration Lawyer NZ for any questions.

So, another classic Kiwi cock-up in this immigration nz news, isn't it? We've got Danish Khan, an Indian migrant, who's been led up the garden path by Te Whatu Ora. Offered a job, told he's the best candidate, signs the contract, and then – bang! – they yank it away because, surprise, surprise, the rules have changed. And it's not even his fault. His visa's ticking down like a time bomb, his savings are drained, and he’s staring down the barrel of a return to India.

The whole saga started a month ago. Te Whatu Ora, or Health NZ if you prefer, told Khan he was their guy for a dental assistant's role. They liked him so much, they sent him the job offer twice. Imagine his delight – the man stops searching for other work, signs on the dotted line, and then, the bureaucrats wake up to the fact that immigration rules have shifted. Just like that, the job's off the table.

Khan’s lawyer says it's a comedy of errors, but really, it’s a tragic farce. The new rules, which came into effect on April 8, are meant to crack down on migrant exploitation, but they’ve ended up tripping over their own red tape. One change is stricter labour market tests, which now means jobs need to be advertised longer, and employers have to prove they can’t train someone locally for the role. Khan got caught in this mess.

What’s galling is Khan was upfront about his visa situation. Te Whatu Ora knew he needed sponsorship but still promised him the job. Then, when they pulled the offer, they claimed the role couldn’t meet the new Job Check requirements. They only realised their mistake weeks after Khan stopped his job search and signed the contract. Now, he's left scrambling.

Te Whatu Ora says they regret the distress caused but insists they can only employ those with a legal right to work here. Fair enough, but how do you explain offering the job twice and then backing out?

Khan’s lawyer is pushing a personal grievance, arguing he’s effectively an employee. After all, he had a contract. Te Whatu Ora, meanwhile, argues the job was always dependent on passing the Job Check. Khan’s right to be miffed. He’s done nothing wrong but trust the system and follow the rules, and now he’s on the verge of being shipped back to India.

The broader issue here is the raft of immigration changes that, while aimed at good, are bungling the lives of real people. Te Whatu Ora needs to sort out its hiring processes to prevent future fiascos. Meanwhile, Khan’s story is a sharp reminder of how quickly bureaucratic changes can derail lives. It’s not just a personal tragedy but a damning indictment of a system that promises one thing and delivers another.

And that's the immigration news for Aotearoa today. Do follow and subscribe for more immigration content. Ka Kite Ano.

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Last modified on 29 July 2024 by
Michael Yoon
Principal Immigration Lawyer
Michael has been working as a lawyer in New Zealand since 2006. Over the years, he has successfully helped thousands of clients to get their desired outcome. Clients find Michael knowledgeable, approachable and professional — a trusted expert.
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