More than 45 Auckland employees of KB Project Management Limited as well as KB Projects Ltd – both construction companies owned by Ankit Budhiraja – got a shock of their life when they were sent a WhatsApp message by that the company was closing operations with immediate effect.
The message that was sent on February 1 read: "With a very heavy heart, I would like to announce that KB will need to stop its operations with immediate effect. This has been a extremely difficult decision for me, we have built KB from scratch and to see it fall apart. It's been very painful. I have tried very hard to keep things going but unfortunately time has come upon us. We have had to fly overseas due to unforeseen circumstances. This is not the way we wanted to end KB. I am extremely sorry for everything. I will be in touch very soon.”
Indian Weekender spoke to many team members who were on employer-assisted visas for the now-disestablished construction company, and they all revealed that it was wholly unexpected. They are still trying to come to terms with it.
Gurjinder Singh, who had been working in this company as a carpenter since 2017, is holding an essential visa through the company, which is valid till 2025, says, “I am still shocked at what has happened as it was totally unexpected. We didn’t have the slightest idea as everything seemed to be going fine with the company. I even tried calling him, but it went answered, as I’d expected.”
He adds, “I have my wife and two small kids aged six and two to look after. I am so stressed about what I will do. My last salary as well as holiday pay … all is gone now. I am working hard to get another job asap. I wish something like this does not happen to anyone. I was thinking of lodging my residency, but now I have no idea.”
Another employee, Hardeep, who worked as a carpenter/builder and held an essential skill visa till October 2023, says, “I can't understand why this has happened. It was a real shock as everything was so normal. I was blank. I can't tell you how upset I am. I have a seven-month-old son, and my wife is also not working at present. I have to think about them. I am in a financial crisis as I didnot receive my last salary. I am trying to find another job and will put in my variation of condition application with Immigration NZ asap.”
Arsh, who worked as Building Associate with the company and had his essential skill visa through the company says he couldn't believe the message when he read it. “We all have our expenses to pay, especially the ones who have their family dependent on them like me. We have rent, groceries and other things to pay. With no income coming in suddenly, I don't know what to do. All my plans of lodging residency in March are shattered. I feel cheated.”
Indian Weekender tried contacting Ankit, but he didn't respond to our calls or messages.
Undoubtedly, it is difficult for an employee to lose their job while on an employer-assisted visa. So, what should they be doing if they are stuck in such a situation?
Himang Bhardwaj, Licensed Immigration advisor and Ex-Warranted Immigration Officer, says, “Losing a job is a difficult experience to go through for anyone. However, for visa holders, loss of employment can sometimes severely impact their well-being and livelihood. If a person holds an employer-specific work visa (commonly referred to as a 'closed visa') and loses employment, they are in breach of their visa conditions. This is because the purpose for which the visa was issued is no longer there. In some instances, this can lead to the visa holder being liable for deportation.
“Migrants can find themselves in a difficult position as there are limited options available for them under the current immigration legislation. While there is a visa class – ‘Dismissed workers visitor visa’ – it only applies to someone who lost their employment during the three-month trial period. However, there are no such options for long-term employees. Realistically, the only option they would have would be to either apply for a different visa (for example, a visitor visa) or find alternative employment and apply for either a variation of condition or a new work visa, depending on the situation.
“The migrant in such a situation should first and foremost contact Immigration NZ to advise them of the change of circumstances. This is an obligation every visa holder must comply with as per Section 58 of the Immigration Act 2009.
“Considering the one-off residence, if a migrant applies for a different visa (visitor or student), they may not qualify for residence anymore. In my opinion, the migrant should err on the side of caution by either discussing their situation with Immigration NZ or engaging with an immigration adviser to discuss their next steps.”
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