Important updates to the migrant exploitation protection work visa
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On 31 October 2024, Immigration New Zealand (INZ) introduced changes to the Migrant Exploitation Protection Work Visa (MEPV). This visa is designed to help migrant workers leave exploitative work situations while remaining lawfully in New Zealand. Here’s a breakdown of what has changed and what it means for those on this visa.
No option for a second MEPV
Starting 31 October, migrants can no longer apply for a second MEPV. Previously, workers who couldn’t find a new job before their first MEPV expired had the option to apply for another. Now, once a migrant’s initial MEPV expires, they will need to either transition to a different visa or depart New Zealand if they haven’t secured new employment.
What this means: Migrants currently on an MEPV should aim to find suitable work before their visa expires. Since a second MEPV is no longer available, careful planning is needed to avoid a gap in legal status.
Clearer definition of exploitation
INZ has updated the guidelines to clarify what qualifies as exploitation. The following situations do not count as exploitation:
- Lawful terminations or redundancies,
- Non-payment of final wages due to company liquidation.
Exploitation is now defined as behaviour tied to a genuine employment relationship, where an employer has failed to meet legal requirements or engaged in abusive conduct.
What this means: Workers should be aware of these clarified guidelines. The visa is intended for those experiencing exploitation related to serious breaches of employment laws, rather than business-related challenges like redundancies.
Six-month validity for the MEPV
The MEPV still provides a six-month period (or until the expiration of the initial visa, if sooner) for migrants to find a new job in New Zealand. During this time, MEPV holders can work for any employer, providing flexibility while they secure safe and legal employment.
What this means: This six-month period offers a valuable opportunity for migrant workers to regain stability while remaining in New Zealand. However, given the removal of the second MEPV option, it’s important to take steps to find new employment during this time.
How to apply for an MEPV
Migrants who believe they are being exploited must first report the issue to Employment New Zealand. After assessing the report, Employment New Zealand will issue a Report of Exploitation Assessment letter, which is needed to apply for the MEPV. There is no application fee for the MEPV, but applicants should be prepared to provide evidence supporting their claim.
Moving forward
These updates aim to focus the MEPV on serious cases of migrant exploitation, helping to protect migrant workers in abusive work situations. Migrants facing exploitation or difficult circumstances should seek support early to understand their options and take action if needed.
Have questions about these changes or need help with your visa options? Our team is here to support you through New Zealand’s visa process and ensure your rights are protected.
