Migrant Exploitation Protection Work Visa (MEPV)

At a glance

The Migrant Exploitation Protection Work Visa (MEPV) is a temporary work visa that enables migrant workers who hold an employer-supported work visa to leave an exploitative workplace situation quickly, while also increasing incentives for migrants to report exploitation and maintaining the integrity of the immigration system. [WI20]

Successful applicants may be granted a work visa valid for up to six months (or the remaining duration of their current visa, with a minimum of one month), allowing work for any employer and without multiple-entry travel conditions. [WI20]

How to apply

Applications for an MEPV must be made in the prescribed manner for lodging a temporary entry class visa application (see Work visa streams). [WI20] The application must include a Report of Exploitation Assessment Letter issued by the Ministry of Business, Innovation and Employment (MBIE) as evidence that the applicant meets the eligibility requirement of having made a credible report of exploitation. [WI20]

Fee and levy exemptions: Applicants are exempt from paying an application fee, the Immigration Levy, and the International Visitor Conservation and Tourism Levy. [WI20]

Relaxed documentary requirements: Applicants are not required to provide an offer of employment, evidence of funds or sponsorship, or evidence of onward travel. [WI20]

Eligibility criteria

An applicant is eligible for an MEPV if they: [WI20]

• are in New Zealand;
• hold a current work visa that specifies their employer as a condition of that visa;
• meet the health and character requirements for temporary entry; and
• have made a report of exploitation to MBIE about the employer described in their current work visa, and MBIE has assessed that it is credible that exploitation may have occurred.

Note: Applicants are not required to provide a Medical and/or Chest X-Ray Certificate or Police Certificate unless an immigration officer has reason to believe the applicant may not meet health or character requirements, in which case the officer may request the relevant certificates. [WI20]

A person who holds a visa granted under these instructions is not eligible for a further MEPV on the basis of the same report of exploitation. [WI20]

Interpretation & edge cases

Stream placement: The MEPV falls under the Special Work stream of work visas (see Work visa streams). [WI20]

Application deadline: The application must be made within one month of the date the applicant receives the Report of Exploitation Assessment Letter from MBIE. [WI20]

Matters immigration officers must disregard: When assessing the application, immigration officers must disregard: [WI20]

• incidents of false, misleading, forged, or withheld information associated with the applicant's exploitation (see A5.45.7);
• any period when the applicant worked in breach of the conditions for the employer that exploited them; and
• any periods of unlawfulness linked to the report of exploitation.

Visa currency and conditions: An MEPV may be granted for the shorter of six months or the duration remaining on the applicant's current work visa. If the remaining duration is less than one month, a one-month MEPV may be granted. [WI20] Any work visa granted under these instructions will be endorsed with conditions that allow work for any employer and will not allow multiple entry travel conditions. [WI20]

No further MEPV on same report: Holders of an MEPV cannot obtain another MEPV based on the same exploitation report; if further protection is needed, the applicant should explore other visa pathways. [WI20]

Citations

• WI20 — Migrant Exploitation Protection work visa (MEPV) instructions