The New Zealand government is changing rules for Migrant Exploitation Protection Work visas. No new second MEPV can be granted from 31 October 2024 onwards. This means that if somebody holds an initial MEPV when they apply for the second MEPV on 31 October after that application will be refused.
Migrants, after making a credible report of exploitation, will be provided with MEPV for up to 6 months or until the expiration date of their current visa-whichever is less to enable them to leave the exploitative situation and stay lawfully in New Zealand until they find another job.
MEPV Employees Regulations
MEPV gives employees the right to look for jobs somewhere and change an employer once 6 months expire or the work visa is at the end-whichever one reaches the earlier.
Foreign workers have the right to appeal in case of exploitation during their ’employer-supported work visa’ apply for a ‘Migrant Exploitation Protection Work Visa, and leave employment while undergoing investigation by an employer who had exploited them. One may find work with New Zealand-wide employers under ‘MEPV’.
As of 24 October 2023, the New Zealand government has granted a current holder of an initial MEPV the right to apply for a further MEPV if they cannot find a suitable job. Applicants may be granted a further MEPV free of charge for the lesser of 12 months from the date their initial MEPV began, or the expiry of their original employer-specific work visa.
Individuals whose first MEPV expires between 1 March 2024 and 30 November 2024, can apply for a second MEPV by 30 October if they would like to. Migrant exploitation can be reported on the online form of Employment New Zealand or by making a call to them.
This means removing the right to apply for a second MEPV which would have granted them an additional six months. Transitional arrangements over two weeks would enable those who are currently in possession of an MEPV expiring on or before 30 November to be given the option of applying for a further MEPV if they wanted to.
Clarifying that situations, such as the lawful employment termination, as in the case of a non-payment of final wages, because their liquidations or redundancies occurred fall outside the definition of migrant exploitation. Furthermore, the definition had been more clearly established regarding the migrant exploitation that any sort of exploitation must involve the employment relationship.
AEWW Regulations Restricted by New Zealand for Migrants’ Protection of Rights
Commencing from 31 October 2024, the visas will continue to offer open work rights provided for a six-month duration but will exclude lawful employment terminations, redundancies, and non-payment of final wages due to liquidation except in cases where this has occurred alongside other exploitative behaviour or has not followed legal process.
New Zealand has included a minimum skills or experience threshold and an English language requirement to the AEWV, which signalled a commitment to the reduction of opportunities for the exploitation of migrants. This supports the efforts of the Government to encourage reporting and enabling migrant departure from exploitative situations without compromising New Zealand’s immigration system.
