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Should We Shelve The AEWV?
认证雇主工签是否该被取消?
28 Jul, Written By Paul Janssen
There has been a lot of discussion recently regarding the Accredited Employer Work Visa (AEWV) system and whether it is fit for purpose as the replacement for a large number of previous Work Visa categories. These calls have come off the back of an increasing number of migrant exploitation reports, where employers and other related parties are using the system as a means to make money by duping vulnerable and desperate people, looking for a new life here.
最近,关于认证雇主工作签证(Accredited Employer Work Visa,简称AEWV)制度到底是不是应该被用来替代众多以往的工作签证类别的话题引起了许多讨论。这些讨论的起因是,移民劳工被剥削的报告不减反增而且越来越多,雇主和其他利益方利用AEWV制度欺骗那些想在新西兰寻求新生活的脆弱和绝望的移民劳工。
The AEWV was introduced as a means to reduce migrant exploitation and yet ironically it seems to be providing a convenient pathway for rogue employers and other actors to create even more chaos. However, if you dig a bit deeper, the reasons as to why all of this is happening become a little clearer and in our view, it isn’t the policy that is broken, but rather the way it is being delivered.
AEWV的推出旨在减少移民劳工被剥削,然而讽刺的是,它似乎反而为无良雇主和其他相关方提供了一个更为方便的途径来制造更多混乱。如果你深入挖掘,会发现这一切背后的原因显然不在于政策本身有问题,而在于它的实施方式。
What is the AEWV?
什么是AEWV?
If you aren’t familiar with the AEWV process, here is a bit of a run through for you. The AEWV or Accredited Employer Work Visa scheme was introduced in 2022, and replaced six previous, employer-supported Work Visa categories. It is now the main Work Visa option for those who secure employment and are supported by a New Zealand employer to come here to work. The key changes to those previous categories, that the AEWV introduced, related to a greater involvement by employers, a system where those employer became “accredited” by INZ and then a more streamlined process for the applicant.
如果你对AEWV流程不熟悉,我给你简单解释一下。AEWV或认证雇主工作签证计划于2022年推出,取代了六种以前的由雇主支持的工作签证类别。现在,对于那些找到工作并得到新西兰雇主支持的人来说,AEWV是主要的工作签证选择。AEWV引入的主要变化与雇主更深入的参与有关,雇主通过新西兰移民局(INZ)“认证”后,申请人的流程变得更加简化。
The AEWV has three separate stages, instead of the previous single stage, which was largely undertaken by the applicant. In this new system, the process works as follows:
AEWV有三个单独的阶段,而不是以前的单一阶段,以前的阶段大部分由申请人完成。在这个新系统中,流程如下:
• An employer, seeking to recruit a migrant worker submits an application for “Accreditation” to INZ. Within this they declare they are financially stable, a genuine employer and no one within the business has had any issues with the employment regulators. It is designed to be a thorough ‘background check’ on the employer to ensure that they are the real deal.
想要招聘外籍劳工的雇主,首先向INZ提交“雇主认证”申请。在申请中,雇主声明他们财务稳定,是真实的雇主,并且该企业内没有任何就业监管机构的问题。这旨在对雇主进行彻底的“背景调查”,以确保他们是真实的雇主。
• Once Accreditation is secured, the employer then submits a “Job Check” with INZ, where they show that the role they are trying to fill cannot be filled from within the local labour market. This would usually involve providing evidence of advertising, a draft agreement (to ensure the terms of employment are all in order) and evidence of the remuneration on offer and skills required. Again this is intended to be a thorough check of the job being offered and that there is a genuine need for the migrant applicant to fill that position.
一旦获得雇主认证,雇主紧接着向INZ提交“职位审查”,证明他们正在招聘的职位无法由新西兰本地劳动力市场填补。通常这涉及提供广告证明,雇佣协议草案(以确保雇佣条款全部合规)以及提供的薪酬和所需技能的证据。同样,这一步骤旨在雇主对提供的职位进行彻底的审查,以确保确实存在外籍员工填补该职位的需要。
• If the Job Check is approved, then the employer is given a token (or multiple tokens) which they can use to invite the potential migrant applicant to apply for a Work Visa. In theory the employer and job offer have been screened and approved, so this last step is to confirm that the applicant has the right skills for the job, and is of good health and character.
如果职位审查被批准,那么雇主将获得一个(或多个)邀请权限,他们可以使用该邀请权限邀请潜在的外籍申请人申请工作签证。理论上,雇主和工作职位已经通过审查和批准,所以最后一步是确认申请人是否具备该职位所需的技能,以及是否身体健康、品行良好。
These three steps were designed to provide a more robust temporary Work Visa process, which also gave INZ the ability to monitor employers and ensure that there were doing right by the system and right by the migrants as well. Becoming “Accredited” meant you had been vetted by the Government, found to pass muster and have secured a sought after permission to employment migrant workers.
这三个步骤旨在提供更强大的临时工作签证流程,同时使INZ能够监控雇主,确保雇主按照规定进行操作和给与外籍劳工正确的待遇。获得“认证”意味着雇主已经得到政府的审查,被认为符合要求,并获得了雇佣外籍劳工的许可。
For the most part and certainly for all of the clients we see coming through the system, this process works well. Employers are legitimate, with real roles to fill and they are offering genuine jobs to willing migrants, supporting them through the whole process. Generally the higher the level of skill involved, the less risk there is. However on the fringes of the lower skilled market, particularly in the construction sector, there are those, looking to use this system to make a quick dollar (or several thousand).
对于大多数情况,尤其是我们所见到的所有客户,这个流程都运作良好。雇主是合法的,有真实的职位要填补,并为愿意来这里工作的外籍劳工提供真实的工作,全程支持他们。一般来说,涉及的技能水平越高,风险越小。然而,在低技能市场的边缘,特别是在建筑业中,有些人试图利用这个系统来赚快钱(甚至只为了赚几千纽币)。
Why Is It Not Working?
为什么AEWV没起到防止剥削移民的作用?
Well actually it is working, although not exactly as it was intended, at least not entirely. Of the tens of thousands of Work Visas approved under this scheme the overwhelming majority are for genuine roles, where the migrant is now happily employed and adding to our growing talent pool. Accreditations are being approved, Visas are being processed and migrants are filling shortages. However there are some exceptions to this and those exceptions, whilst still a very small percentage of the overall total, appear to be increasing from pre-AEWV levels. Some might argue that this increase, is reason enough to go back to the drawing board or back to previous policy settings, but obviously things are never that simple.
实际上,AEWV是起作用的,只是不完全符合这个签证制度的最初设定意图。在这个方案下批准的数以万计的工作签证中,绝大多数都是真实的职位,外籍劳工现在快乐地工作,并且为新西兰不断增长的人才库做出贡献,由此,雇主认证得到批准,AEWV签证正在处理中,外籍劳工正在填补缺口。然而,有一些例外情况,虽然这些情况在整体总数中仍然占很小的比例,但似乎比AEWV实施之前不减反增。有人可能会认为这个增加就足够让我们重新审视这个政策,或者回到以前的政策设定,但显然事情永远不会那么简单。
There is essentially one weak-spot in this three step-process which is seemingly creating a secondary market for Visas. That secondary market is a place where rogue employers and “employment agencies” are treating the job check process like a sort of Visa currency. They are then colluding to effectively sell these job check tokens to migrants in exchange for the opportunity to secure a Work Visa - the problem is there is no job at this end and the migrant ends up stuck here, out of pocket, out of income and out of options.
AEWV的三步流程中有一个明显的弱点,正在创造一种签证二级市场。这个二级市场由不法雇主和“就业代理机构”将职位审查过程当作可以以此获得签证的有效期来出售获利。他们通过勾结的方式将这些职位审查凭证以有偿方式出售给外籍劳工,这些外籍劳工通过付费换取新西兰工作签证。问题在于,在此过程中并没有真实的工作岗位,外籍劳工最终陷入困境,手头拮据,没有收入,也没有选择。
The weak-spot isn’t necessarily the policy itself but in how it is being delivered and to understand that, there is a whole backstory that revolves around, the chaotic border re-opening, processing backlogs and INZ being advised to treat all of these applications with a ‘light-touch’. That approach has meant that it is often all too easy for a less than genuine employer or agency to create the above situation and the opportunity to game the system.
造成这个弱点的原因并不一定是政策本身的问题,而在于政策的执行方式。要理解这一点,我们需要知道一整套背景故事,其中包括混乱的新西兰边境重开、积压申请的处理以及移民局被建议对所有这些申请采取“宽松方式”进行处理。这种做法意味着不太真实的雇主或代理机构很容易出售工签,并借机利用制度钻空子。
So how does these scams work?
那么,这些骗局是如何进行的呢?
It is really simple in practice. Those who want to run this type of Visa “scam” know that INZ are not really looking at any of the three steps of the AEWV in great detail - so they create a business, submit an Accreditation application and see it being approved relatively quickly. There is not a lot of checking going on, where the “employer” has answered the questions on the form correctly - very little, if any supporting evidence is required and the focus is on speedy turnarounds, rather than quality assessments. The same then goes for the job check process. We have heard of instances where relatively new companies, secure Accreditation under the ‘high-volume’ option as “triangular employers” (where the employer hires and then outsources the applicant) and they then go on to secure job check tokens in the hundreds - that’s right hundreds.
实际上,这个过程非常简单。那些想要进行这种类型签证“骗局”的人知道,移民局并没有详细审查AEWV的三个步骤。所以,他们设立一个生意,提交认证申请,然后很快获得批准。没有太多审查,只要“雇主”在表格上正确回答问题就行了——几乎不需要提供任何支持证据,移民局的操作重点是快速处理,而不是质量评估。职位审查流程也是如此。我们听说过一些情况,新设的公司获得“高配额”雇主认证,称为“三角雇主”(雇主先雇佣然后将申请人外包),然后获得数百个职位审查凭证——是的,数百个。
With the tokens secured, they are then able to sell those off to the highest bidder (migrant) and charge a premium to that applicant for the token - albeit that premium is never paid to the employer but through a complicated series of related business entities, to avoid breaking the rules entirely (migrants are not allowed to be charged a fee for the job or recruitment process).
获得凭证后,他们就能将这些凭证卖给出价最高的外籍劳工,并对申请人收取溢价——虽然这个溢价从未支付给雇主,而是通过一系列复杂的相关企业转移,以避免完全违反规定(外籍劳工不被允许为工作或招聘过程支付费用)。
The migrant is sometimes complicit in this, but usually has no idea and genuninely believes there is a job waiting for them to get stuck into. They arrive here, and are then advised that the work has dried up, there is no money and they will have to figure it out for themselves. The reality is, there never was any work or any job - they have just been conned out of thousands of dollars.
外籍劳工有时会参与其中,但通常存在一定的信息不对称,他们中的大多数人真诚地认为等待着他们的是一份工作。他们来到这里后,被告知工作已经没有了,没有钱,他们必须自己解决。事实是,从一开始就没有任何工作或职位——他们只是被骗走了成千上万纽币。
The flaw in this process, that allows all this to happen more frequently, is not the policy, or the criteria but the fact the rules aren’t being implemented correctly, nor is much being checked by INZ. If I was an immigration officer, looking at a two year old “construction” business asking for hundreds of job check tokens at all once, I would be asking for a lot more than just an online form. Yet they aren’t and these tokens are being issued in huge volumes to these rogue outfits.
导致这种骗局更频繁出现的问题,不在于政策本身或标准,而在于规则未被正确执行,新西兰移民局没有进行必要的检查。如果我是一名移民官,看到一个两年历史的“建筑”公司一次性要求数百个职位审查凭证,我会要求他们提交更多的信息,而不仅仅是在线表格。然而,移民局并没有这样做,这些凭证大量发放给这些不法组织。
Of course, INZ are now doing checks on employers who are already Accredited as part of their ongoing compliance requirements, but the number is so small its insignificant and hardly much of a deterrent - it is also usually too late, because by the time those checks are done, the rogue employer has made their money and vanished.
当然,作为持续合规要求的一部分,新西兰移民局现在正在对已获得认证的雇主进行检查,但其检查数量非常少,不起什么作用——而且通常真的有所发现时早已经为时已晚,因为当检查完成时,不法雇主已经赚了钱然后消失了。
One of the saddest parts is that these schemes tend to target lower skilled occupations and migrants who are absolutely desperate, from countries where incomes are already low, meaning these applicants are often borrowing money to pay the ludicrous fees, to end up here with no job at all. In a lot of cases the villains behind these scams are former migrants themselves, who know how to target people from their home countries.
最悲哀的部分之一是,这些骗局往往针对低技能职业和绝望的外籍劳工,这些外籍劳工来自收入已经很低的国家,这意味着这些申请人通常需要借钱支付荒谬的费用购买工签,最终来到这里却没有工作。在许多情况下,这些骗局背后的罪魁祸首是曾经的移民,因为他们知道如何针对自己的老乡。
Again, this still occupies a very small portion of all the AEWV’s being issued but ultimately any exploitation at all is intolerable.
再次强调,这种骗局在所有颁发的AEWV中只占很小的一部分,但任何形式的剥削都是不可容忍的。
Should We Shelve The AEWV?
我们应该废除AEWV吗?
My response is no, we shouldn’t. The simple fact is that no policy, rules or law will completely stamp out these problems, because people with a mind to make money in this way, are incredibly good at finding loopholes. I also believe that the AEWV system as it was designed, provided a good framework for simplifying the system and offering checks and balances - at least far more than we have had before.
我的回答是否定的。简单的事实是,没有任何政策、规则或法律能够完全根除这些移民剥削问题,因为想要以这种方式赚钱的人非常擅长找到漏洞。我也相信,AEWV制度在设计时,为简化系统并提供审查和平衡方面提供了良好的框架——至少比以前的工签制度提供了更多审查。
The problem is not the policy but the method in which it is being delivered. When INZ were under fire in the media for being too slow, too clunky and too litigious in processing these applications, some bright spark decided that the way to fix that problem was to basically just let everything pass through. If an employers declare they are of good standing, then give them the green light. Check nothing, question nothing and do nothing, unless there is a giant red-flag. It appears it would have to be a flag the size of the South Island before INZ takes notice.
问题不在于AEWV政策本身,而在于执行方式。当移民新西兰局(INZ)在媒体上因处理这些申请时速度太慢、手续太繁琐、过于挑刺而备受诟病时,一些“聪明人“决定解决这个问题的方法就是基本上让一切申请全都通过。如果雇主宣称他们是良好的,那么就给他们绿灯。什么都不检查,什么都不质疑,什么都不做,除非有明显的红旗。除非问题明显而且异常严重,否则INZ都不会察觉。
If INZ were to apply the criteria as they were written, to entities that were relatively newly established or had links to other related organisations with some history or form, we might see a much cleaner process and less media articles of unemployed and unpaid migrants. I don’t specifically blame INZ for this, because ultimately the buck stops with the Minister and the previous Minister was quick to try and fix a media firestorm by basically side-stepping what should be robust and thorough verification process.
如果INZ严格按照政策规定的标准审查那些相对新成立的企业或和有不良记录的企业存在任何形式关联的企业,我们可能会看到一个更加干净的流程,也会少看到外籍劳工失业和欠薪的媒体报道。我并不特别指责新西兰移民局,因为最终责任在于移民部长,前任部长通过省略本应彻底而全面的审查来迅速应对媒体风波。
It would not be hard for INZ to triage the good from the questionable employers and a few tweaks to the application form would quickly allow anyone to work out when more questions need to be raised. In fact for most of these rogue entities, creating these schemes the mere thought of being asked to provide paperwork, would seem them running for the hills.
INZ要区分优秀的雇主与可疑的雇主并不难,对申请表进行一些微调就能很快发现哪些地方需要提出更多问题。实际上,对于大多数这些不法实体来说,只要想到要提供文件,他们可能就会望而却步。
As an example if INZ were to request at least some form of official evidence as part of the Accreditation process, to support the “claims” being made by some of these companies, those who were trying to pull a fast one, probably wouldn’t bother to apply.
举例来说,如果INZ在认证过程中要求至少一些官方证据来支持某些公司所提出的“声明”,那些试图玩弄花招的人可能就不会申请了。
This would then also allow the vast majority of genuine and willing employers who are doing the right thing to pass through the system, without extra administration or work to do. The AEWV could then deliver on the positive aspects, in terms of a faster processing time, less longer-term admin for employers and applicants and a more robust and workable Visa system.
这样做也将允许绝大多数遵纪守法、愿意做正确事情的雇主顺利通过系统审查,不需要额外的行政工作。AEWV系统也就能在一些方面带来积极效果,比如更快的处理时间,减少雇主和申请人的长期行政工作,以及更健全、可行的签证系统。
I dont think we need to reinvent the reinvented wheel…we just need to make sure every spoke is finely tuned and the tires are fully inflated for this system to work as it was intended and as it does for the vast majority of employers using it. We cannot let a few very rotten apples, spoil it for the rest and there is a real reputational damage issue at stake here. The Government needs to move quickly to reign these small, but very dangerous numbers of rogue employers and related “agencies” in.
我认为我们不需要重新再发明轮子,我们只需要确保每一根辐条都调校得恰到好处,确保轮胎充气完好,这样系统就能按照原本的意图和绝大多数使用它的雇主一样有效运转。我们不能让极少数腐败的苹果败坏整个系统,这里涉及到真正的声誉损害问题。政府需要迅速采取行动,遏制这些数量虽小但非常危险的不法雇主和相关“机构”。
What Can You Do?
你能做些什么?
If you are planning the move, my advice is pretty simple - if you are suddenly offered a job out of the blue, or apply for one through a “scheme” and there is a very relaxed or non-existent recruitment process - that’s a red flag. Similarly if you are told that the job is conditional on you using this specific adviser or doing something unrelated that involves a fee, then ask why. Basically if it doesn’t feel right or it sounds too easy and simple, there is probably a good reason as to why that is the case.
如果你打算移民,我的建议很简单——如果你突然收到一份意外的工作邀请,或者通过某种“方案”申请工作时,招聘流程非常松散或几乎不存在——那就是一个标志着高风险的红旗。同样,如果有人告诉你工作是有条件的,必须使用特定顾问或者要求你做与工作无关但涉及收费的事情,那就问问原因。基本上,如果感觉不对劲或者听起来太简单了,那可能有更深层的原因。
Employers (or their recruiters) cannot force you to use a certain adviser, nor they can request a fee for the offer of employment. They cannot pass on costs for the recruitment process or their role in the Visa process either.
雇主(或招聘者)不能强迫你使用特定顾问,也不能要求你支付提供就业机会的费用。他们更不能将招聘过程或签证过程的成本转嫁给你。
For most of you, this will never be an issue, because for most of you, you will secure a job that is genuine, legitimate and exists - but it never hurts to know what to look out for.
对于大多数人来说,这可能永远不是问题,因为大多数人会获得真实、合法且存在的工作机会——但了解应该注意什么从来不会有坏处。
In the meantime, I hope that the Government realises that sometimes a process is designed for a reason and just because you need to score some points with the media or voters, doesn’t mean you can sidestep the process.
同时,我希望政府意识到有时流程是有原因的,并不是仅仅为了在媒体或选民中得分,就可以回避流程。
Until next week.
敬请期待下周更新
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