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Govt Tightens Migrant Exploitation Visa: Six-Month Limit, No Extensions

Photo: RNZ / Samuel Rillstone

The government has announced plans to tighten rules for the Migrant Exploitation Protection Work Visa.

Launched in July 2021 under the Labour government, the six-month MEPV was designed to help migrants leave exploitative situations quickly while remaining lawfully in New Zealand.

It gave migrants time to find new employment, with the possibility of extending the visa if they were unable to secure a job within six months.

However, changes coming into effect on 31 October will alter this.

While the visa's six-month duration will remain, the ability to apply for a second protection visa for an additional six months will be removed.

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The visa will still grant open work rights for six months, but the government plans to refine the definition of exploitation.

Under the updated rules, exploitation must be tied to a "genuine employment relationship".

The MEPV will also exclude situations such as lawful terminations, redundancies, and non-payment of final wages due to liquidation - unless these occur alongside other exploitative behavior or fail to follow legal processes.

"The MEPV supports migrants to leave exploitative situations quickly while remaining lawfully in New Zealand," Immigration Minister Erica Stanford said.

"It also provides them [with] the chance to find new work. However, the current criteria [are] too broad and risks prolonging the time migrants remain in a vulnerable position."

According to Stanford, a two-week transition period will allow current MEPV holders with visas expiring on or before 30 November to apply for a second MEPV if needed.

"This, alongside introducing an English-language requirement and a minimum skills or experience threshold to the accredited employer work visa, signals this government's commitment to reducing opportunities for migrant exploitation," Stanford said.

Green Party immigration spokesperson Ricardo Menéndez March said the government's removal of an additional six-month period for individuals to seek alternative employment places them in a precarious situation, especially as exploitation of migrants is on the rise.

"The government is gutting the one visa that exists to support workers who have been exploited, turning their backs on some of our most vulnerable workers in Aotearoa," Menéndez March said.

"This government simply does not treat migrant exploitation seriously, and they have continuously sided with exploitative employers rather than seriously addressing something that is smearing our international reputation, which is the growing issue of migrant exploitation in our soil."

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