Immigration Series: All about New Zealand’s Migrant Exploitation Protection Work Visa (MEPV)

A current holder of an initial Migrant Exploitation Protection Work Visa (MEPV) of New Zealand can apply for a further MEPV if they are unable to find a suitable job.

Immigration New Zealand (INZ) has amended the Migrant Exploitation Protection Work Visa (MEPV), an open work visa that enables migrant workers to leave exploitative employment situations. The amended rules will allow a current holder of an initial MEPV to apply for a further MEPV if they are unable to find a suitable job.

To provide more support to migrants who have been exploited, Immigration New Zealand (INZ) has made changes to the Migrant Exploitation Protection Work Visa (MEPV). The new ruling that went into effect in the last week of October will allow a current holder of an initial MEPV to apply for a further MEPV if they are unable to find a suitable job.

A free of charge visa service, the MEPV allows up to six months of stay and the processing time is ‘high priority’.

With this visa, an exploited migrant worker can

• Leave your current job quickly while the exploitation is being investigated.
• Work anywhere in New Zealand for any employer.

• Apply for this visa within 1 month of receiving a Report of Exploitation Assessment letter
• You do not have to pay fees or supply medical or police certificates to apply for this visa
• This visa will be granted for up to 6 months depending on the time remaining on your current visa
• You cannot include your partner or dependent children in your visa application, but they can apply for visas based on their relationship to you

• 12 months from the date their initial MEPV began, or
• the expiry of their original employer specific work visa. This duration will ensure that an individual’s overall time in New Zealand remains within their original work visa.
• Applicants must show that they have made a genuine attempt to find employment while holding their initial MEPV, and that the roles they looked at are similar to the one on their original work visa
• The pay rate for the roles must meet Accredited Employer Work Visa (AEWV) requirements

• correspondence with a potential employer about a job application
• screenshots of job search showing applications submitted, or
• job advertisements with confirmation of applications submitted.

• employer's name
• dates of correspondence or applications for jobs
• role offered and the pay.

A migrant worker has the same minimum rights as any other worker in New Zealand when it comes to:

• holidays
• leave
• work breaks
• wages
• written employment agreements

You may be a victim of migrant exploitation if:

• your employer bullies or threatens you
• someone keeps your passport and money from you
• you cannot leave your workplace because the doors and windows are locked
• you must ask permission to eat, sleep, or go to the toilet
• you have no time off from work
• you are paid too little money or none at all
• your employer forces you to work to pay off a debt
• your employer threatens to harm you or your family if you do not do as you are told

• It is illegal for your employer to take your passport from you. Keep copies of your passport and visa in your home country with family or friends. In New Zealand, keep your passport and other travel documents in a safe place.
• Write down the phone number of your home country’s embassy in New Zealand and keep it handy
• Your employer must provide you with a written employment agreement covering the terms and conditions of your employment. Keep this in a safe place
• Understand the work conditions of your work or student visa. For example, does it list who you can work for or a maximum number of hours you can work each week?
• Note down all the hours and days that you work, the amounts and dates that you are paid, and any amounts taken from your payments by your employer
• Try to get your wages paid into a personal bank account that only you or another authorised person can access. This protects your money and can help you keep track of your wage payments

INZ defines migrant exploitation as a behaviour that causes, or increases the risk of, material harm to the economic, social, physical or emotional well-being of a migrant worker. This includes breaches of minimum employment standards or breaches of health and safety and immigration laws. This excludes minor and insignificant breaches that are not constant and easily remedied.

INZ exhorts exploited migrant workers to ask for help and/or report any exploitation of migrant workers. INZ can also provide support and advice to the people affected.

If you need help to complete a form on INZ’s official website, or call 0800 200 088

Apply for a Dismissed Worker Visitor Visa: If you are dismissed during your work trial period, you can apply for a Dismissed Worker Visitor Visa.

• Length of stay is 3 months
• Application fee is NZD$211
• You cannot work on this visa, but you can use the time to find a job and apply for a work visa
• In your application, you can include a partner and dependent children aged 19 years and younger