RNZ, Wellington, October 19, 2024
The government has announced plans to tighten rules for the Migrant Exploitation Protection Work Visa (MEPWV).
Launched in July 2021 under the Labour government, the six-month MEPWV 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 situation.
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.
Exploitation Redefined
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 MEPWV will also exclude situations such as lawful terminations, redundancies and non-payment of final wages due to liquidation unless these occur alongside other exploitative behaviour or fail to follow legal processes.
Immigration Minister Erica Standford said that the MEPWV supports migrants to leave exploitative situations quickly while remaining lawfully in New Zealand.
“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 vulnerable, she said.
According to Ms Stanford, a two-week transition period will allow current MEPWV holders with visas expiring on or before 30 November to apply for a second MEPWV 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,” she said.
Green Party criticises move
Green Party Immigration Spokesperson Ricardo Menéndez March said that 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. It does not treat migrant exploitation seriously and it has continuously sided with exploitative employers rather than seriously addressing something that is smearing our international reputation, which is the growing issue of migrant exploitation on our soil,” Mr Menendez said.
The above Report and picture have been published under a special agreement with www.rnz.co.nz
Following is the Statement issued by Immigration Minister Erica Stanford
The government is continuing to stabilise the immigration system by tightening the Migrant Exploitation Protection Work Visa (MEPWV).
Despite New Zealand being internationally regarded as a safe, fair and highly attractive place to work, we are not immune to migrant exploitation.
This is unacceptable.
The MEPWV supports migrants to leave exploitative situations quickly while remaining lawfully in New Zealand. It also provides them the chance to find new work.
However, the current criteria are too broad and risks prolonging the time migrants remain in a vulnerable position.
These settings need to be balanced to ensure they provide the ability for migrants to leave exploitative employment.”
From 31 October, the Visa will (a) Continue to provide open work rights for a six-month duration (b) Update the definition of migrant exploitation to specify exploitation must be linked to a genuine employment relationship (c) Exclude lawful employment terminations, redundancies, and non-payment of final wages due to liquidation, except in cases where this has occurred alongside other exploitative behaviour or has not followed legal process.
The ability to apply for a second MEPWV for a further six months will also be removed.
A two-week transitional period will allow those currently holding an MEPWV expiring on or before 30 November to be granted a second MEPWV if they wish to do so.
This ensures migrants have adequate time to find further work or arrange their affairs and depart New Zealand. They also reduce the prospect of migrants being in financially precarious and vulnerable situations and the risk of future exploitation.
This, alongside introducing an English language requirement and a minimum skills or experience threshold to the Accredited Employer Work Visa (AEWV), signals this government’s commitment to reducing the opportunity for migrant exploitation.
