New Zealand Modifies Work Visa Rules to Protect Migrant Workers

Immigration New Zealand (INZ) has recently introduced significant amendments to the Migrant Exploitation Protection Work Visa (MEPV), an open work visa designed to empower migrant workers to escape exploitative employment circumstances.

These crucial changes will now permit individuals holding an initial MEPV to apply for a subsequent MEPV in cases where they encounter challenges securing suitable employment.

Migrant Exploitation Protection Work Visa

In this article, we will delve deeper into these revisions and explore the comprehensive details of the MEPV program, shedding light on its eligibility criteria, the application process, and additional support for exploited migrants.

What is the MEPV?

The Migrant Exploitation Protection Work Visa (MEPV) is an open work visa that allows migrant workers to leave exploitative employment situations. It is a free visa that allows a stay of up to six months and is processed on a high-priority basis.

Key Features of MEPV

• Up to six months of stay in New Zealand
• High-priority processing time
• The ability to leave exploitative employment during an investigation
• The freedom to work for any employer in New Zealand

Who is eligible for the MEPV?

To be eligible for the MEPV, you must have had a report of exploitation assessed by Employment New Zealand and been given a Report of Exploitation Assessment letter. You must also apply for the MEPV within one month of receiving the Report of Exploitation Assessment letter.

What are the benefits of the MEPV?

The MEPV allows you to:

• Leave your current job quickly while the exploitation is being investigated.
• Work anywhere in New Zealand for any employer.

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How do I apply for the MEPV?

To apply for the MEPV, you must complete the INZ 1370 form and send it to Immigration New Zealand, along with a copy of your Report of Exploitation Assessment letter. You do not need to pay any fees or supply medical or police certificates.

Exploitation Assessment: Before applying for MEPV, applicants must undergo an exploitation assessment by Employment New Zealand. They will receive a Report of Exploitation Assessment letter.

Application Requirements: Applicants must:

• Apply within one month of receiving the Report of Exploitation Assessment letter.
• Not pay fees or provide medical or police certificates.
• Be granted MEPV for up to six months, depending on their current visa’s expiration.

Family Members: Family members (partners and dependent children) cannot be included in the applicant’s MEPV, but they can apply for visas based on their relationship.

What evidence do I need to provide with my application?

You must provide evidence that you have made a genuine attempt to find employment while holding your initial MEPV. This evidence could include:

• Correspondence with a potential employer about a job application
• Screenshots of job search showing applications submitted
• Job advertisements with confirmation of applications submitted

Your evidence must show the following for each job you applied for:

• Employer’s name
• Dates of correspondence or applications
• The role offered and the pay

What are the rights of a migrant worker?

Migrant workers have the same minimum rights as any other worker in New Zealand, including:

• Holidays
• Leave
• Work breaks
• Wages
• Written employment agreements

Must Read: 8 Recent Visa Changes Make It Easier to Live and Work in New Zealand

How to help keep yourself safe from exploitation

There are a few things you can do to help keep yourself safe from exploitation, such as:

• Keeping copies of your passport and visa in your home country with family or friends.
• Keep your passport and other travel documents in a safe place in New Zealand.
• Write down the phone number of your home country’s embassy in New Zealand and keep it handy.
• Ask your employer to provide you with a written employment agreement covering the terms and conditions of your employment.
• Keeping track of your hours and wages worked.
• Getting your wages paid into a personal bank account.

Recognizing Migrant Exploitation

Migrant workers may be victims of exploitation if they experience the following:

• Employer bullying or threats
• Passport and money confiscation
• Inability to leave the workplace due to locked doors and windows
• Requirement to seek permission for basic necessities
• No time off from work
• Inadequate or no payment
• Forced labour to pay off debt
• Threats to harm the worker or their family

Reporting migrant exploitation

If you are being exploited, you can report it to Immigration New Zealand. You can also contact Employment New Zealand for support and advice.

Apply for a Dismissed Worker Visitor Visa

If you are dismissed during your work trial period, you can apply for a Dismissed Worker Visitor Visa. This visa allows you to stay in New Zealand for three months while you look for a new job. You cannot work on this visa.

Application Information

• Application fee: NZD$211
• Partners and dependent children aged 19 years and younger can be included in the application.

Conclusion

The Migrant Exploitation Protection Work Visa (MEPV) offers vital support to exploited migrant workers in New Zealand, ensuring their rights and safety. This comprehensive guide provides insights into MEPV, application procedures, and ways to protect yourself from exploitation, with an emphasis on the importance of reporting and seeking help when needed.