Foreign workers in New Zealand are legally protected if their employers exploit them. New Zealand has modified the exploitation work visa rules for foreign employees. Changes have been made to the Migrant Exploitation Protection Work Visa (MEPV) for the benefit of migrant workers. These changes follow the announcement by the Minister of Immigration last month to give more support to migrants who have been exploited.

Migrant Exploitation Protection Work Visa

If an employee has reported exploitation while on an employer-supported work visa, he or she can apply for this visa to leave their job while the exploitation is being investigated. With this visa, one can leave their current job quickly while the exploitation is being investigated and work anywhere in New Zealand for any employer. However, before one can apply for this visa they must have their report of exploitation assessed by Employment New Zealand and have been given a Report of Exploitation Assessment letter.

After getting the Migrant Exploitation Protection Work Visa, the length of stay allowed is up to 6 months at no cost for the employee. The processing time for Migrant Exploitation Protection Work Visa is at high priority.

From October 24, 2023, the changes will allow 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.

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 ones on their original work visa. The pay rate for the roles must meet Accredited Employer Work Visa (AEWV) requirements.

An applicant needs evidence for their further MEPV application. It can be correspondence with a potential employer about a job application, screenshots of a job search showing applications submitted, or job advertisements with confirmation of applications submitted. Their evidence must show the employer’s name, dates of correspondence, or applications for jobs
the role offered and the pay.