New Zealand government has announced changes to the Migrant Exploitation Protection Work Visa. From 31 October 2024, the ability to be granted a second MEPV will be removed. This means that, if anyone has an initial MEPV, and applies for a second MEPV on or after 31 October, their application will be declined.

Migrants who have made a credible report of exploitation will still be able to be granted a MEPV of up to 6 months, or until the expiry of their current visa (whichever is lesser) to allow them to leave the exploitative situation and remain lawfully in New Zealand while they find a new job.

An MEPV allows the holder to search for another job for 6 months or until the expiry date of their current work visa (whichever is lesser). Foreign workers can report exploitation while on an ’employer supported work visa’ and apply for ‘Migrant Exploitation Protection Work Visa’ to leave their job while the exploitation is being investigated. With MEPV you can work anywhere in New Zealand for any employer.

From October 24, 2023, New Zealand government allowed a current holder of an initial MEPV to apply for a further MEPV if they are unable to find a suitable job. At no extra cost, applicants may be granted a further MEPV for the lesser of 12 months from the date their initial MEPV began, or the expiry of their original employer-specific work visa.

People whose initial MEPV expires up to and including 30 November 2024, will have until 30 October to apply for a second MEPV if they wish to do so. Migrant exploitation can be reported to Employment New Zealand using their online form or by calling them.

The ability to apply for a second MEPV for a further six months will also be removed. A two-week transitional period will allow those currently holding an MEPV expiring on or before 30 November to be granted a second MEPV if they wish to do so.

New Zealand has issued clarifying that situations involving lawful employment terminations, non-payment of final wages due to liquidation and redundancies do not meet the definition of migrant exploitation. Further, the government has refined the definition of migrant exploitation to specify that exploitation must be linked to a genuine employment relationship.

From 31 October, the visa will continue to provide open work rights provided for a six-month duration but 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 had introduced an English language requirement and a minimum skills or experience threshold to the Accredited Employer Work Visa (AEWV), signalling a commitment to reducing the opportunity for migrant exploitation. These changes support the Government’s work to encourage reporting and enable migrants to leave exploitative situations and maintain the integrity of New Zealand’s immigration system.