New Zealand Make Changes to the Migration Exploitation Protection Work Visa

The government of New Zealand has revealed intentions to strengthen regulations concerning the Migrant Exploitation Protection Work Visa (MEPWV).

Initiated in July 2021 by the Labour government, the six-month MEPWV aimed to assist migrants in swiftly exiting exploitative circumstances while maintaining their legal status in New Zealand.

Migrants were granted time to seek new employment, with the option to extend the visa if they could not find a job within six months.

Nonetheless, the changes that will take effect on 31 October will modify this scenario.

The six-month duration of the Visa will stay in place; however, the option to apply for a Second Protection Visa for an extra six months will be eliminated.

What is a Migrant Exploitation Protection Work Visa (MEPV)

An MEPV is intended for locating an appropriate job and will have an expiration date that aligns with your existing work visa, but it cannot exceed a duration of 6 months.

During your initial MEPV, maintain a record of the positions you applied for over a period of four months or more. If you require additional time to secure a suitable job as you approach the end of the 6-month period, utilize the evidence to apply for an extension of the MEPV.

All MEPV applications must include documents in other languages, such as evidence of jobs applied for, accompanied by an English translation. This accelerates processing.
Offering English translations of accompanying documents

If you possess an MEPV that is set to expire on or before 30 November 2024 and wish to apply for an additional MEPV, please ensure your application is submitted before midnight on 30 October New Zealand Daylight Time (NZDT) 2024.

Exploitation Reimagined

The Visa will continue to provide open work rights for six months, while the government intends to clarify the definition of exploitation.

According to the revised regulations, exploitation must be connected to a ‘genuine employment relationship.’

The MEPWV will also exclude scenarios such as lawful terminations, redundancies, and non-payment of final wages due to liquidation, unless these happen in conjunction with other exploitative actions or do not adhere to legal procedures.

Immigration Minister Erica Standford stated that the MEPWV assists migrants in swiftly exiting exploitative circumstances while maintaining their legal status in New Zealand.

“It also offers them the opportunity to discover new employment.” She stated that the existing criteria are overly broad and may extend the duration of vulnerability for migrants.

Ms. Stanford stated that a two-week transition period will enable current MEPWV holders with visas expiring on or before 30 November to apply for a second MEPWV if necessary.

“This, along with the introduction of an English-language requirement and a minimum skills or experience threshold for the accredited employer work visa, demonstrates this government’s dedication to minimizing opportunities for migrant exploitation,” she stated.

The Green Party Expresses Disapproval of the Decision.

Ricardo Menéndez March, the Green Party Immigration Spokesperson, stated that the government’s decision to eliminate an additional six-month period for individuals to pursue alternative employment puts them in a vulnerable position, particularly as the exploitation of migrants continues to increase.

“The government is dismantling the only visa designed to assist workers who have faced exploitation, neglecting some of the most vulnerable workers in Aotearoa.” “It fails to take migrant exploitation seriously and has consistently favoured exploitative employers instead of genuinely tackling an issue that tarnishes our international reputation, namely the escalating problem of migrant exploitation within our borders,” Mr. Menendez stated.

The aforementioned report and image have been released in accordance with a special agreement with www.rnz.co.nz

A Statement Released by the Immigration Minister 

The government is actively working to stabilize the immigration system by implementing stricter measures on the Migrant Exploitation Protection Work Visa (MEPWV).

Although New Zealand is globally recognized as a secure, equitable, and appealing destination for employment, we are not exempt from the issue of migrant exploitation.

This is not acceptable.

The MEPWV assists migrants in swiftly exiting exploitative circumstances while ensuring they maintain lawful status in New Zealand. It also offers them the opportunity to discover new employment.

Nonetheless, the existing criteria are overly expansive and may extend the duration that migrants find themselves in a precarious situation.

It is essential to balance these settings to ensure that migrants can escape exploitative employment.

Starting 31 October, the Visa will (a) Maintain open work rights for a six-month period (b) Revise the definition of migrant exploitation to clarify that it must be associated with a legitimate employment relationship (c) Exclude lawful employment terminations, redundancies, and non-payment of final wages due to liquidation, unless these situations occur alongside other exploitative actions or do not adhere to legal procedures.

The option to apply for an additional MEPWV for another six months will also be eliminated.

A two-week transitional period will enable individuals currently possessing an MEPWV that expires on or before 30 November to obtain a second MEPWV if they choose to pursue this option.

This allows migrants sufficient time to seek additional employment or organize their matters before leaving New Zealand. They also diminish the likelihood of migrants facing financially unstable and vulnerable circumstances, as well as the potential for future exploitation.

This, along with the introduction of an English language requirement and a minimum skills or experience threshold for the Accredited Employer Work Visa (AEWV), demonstrates the government’s dedication to minimizing the potential for migrant exploitation.

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