In the wake of instances of migrant exploitation coming to light recently in New Zealand, the Government has made changes to the Migrant Exploitation Protection Visa (MEPV) settings to clarify and tighten eligibility for the visa, to better focus it on exploitative behaviour. The changes came into effect on 31 October 2024. The MEPV relates to employer supported migrants, and is intended to enable exploited migrants to quickly leave an exploitive workplace, and lawfully remain in New Zealand. It also incentivises migrants to report exploitation by providing certainty that their immigration status will not be jeopardised. The MEPV duration gives migrants time to find new employment, and is valid for up to six months. That migrant exploitation continues to be an issue in New Zealand is borne out by a case, published in August 2024 on the Employment New Zealand website, of a New Plymouth business in which a Labour Inspector found breaches affecting four migrant workers. The breaches included one worker who had been made to pay $16,900 to get a job. Another worker was made to repay between $200 to $300 a week ($8,900 in total) from their wages, as their employers were not willing to pay the $21 an hour required to meet visa requirements. The employers admitted to the breaches and were ordered to pay $86,500 in wages arrears and penalties. Notwithstanding the genuine need for the MEPV in such cases, the changes also target the misuse of the system, including migrants falsely applying for an MEPV, and offshore agents charging a premium for non-existent jobs – with both scenarios counting on the MEPV to provide open work rights. The Government’s changes retain the key elements of the MEPV, including its six-month duration, however, the ability to apply for a second MEPV of six months has been removed. The view held is that six months is sufficient for migrants with in-demand skills to find work. The definition of migrant exploitation has been updated to specify that it must be linked to a genuine employment relationship. Where a migrant arrives in New Zealand to find that no job exists or the job offer was not genuine, these will not be covered by the MEPV. It is considered that other protections exist for these situations. The changes also clarify that lawful employment terminations such as redundancies and non-payment of final wages due to liquidation are not considered migrant exploitation for the purpose of the MEPV, except where these occur in exploitive circumstances or do not follow proper process. The tightening of the MEPV settings is intended to reduce the opportunity for migrant exploitation, just how this works for those caught out by unscrupulous employers remains to be seen.
