WI20 Migrant Exploitation Protection work visa (MEPV) instructions (01/07/2021)

WI20.1 Objective

The objectives of the Migrant Exploitation Protection work visa are to:

1. enable migrant workers who hold an employer supported work visa to leave an exploitative workplace situation quickly; and
2. increase the incentives on migrants to report exploitation; and
3. maintain the integrity of the immigration system.

WI20.5 Who is eligible for a Migrant Exploitation Protection (MEPV) work visa?

1. Applicants for a visa under the MEPV instructions must:
   1. be in New Zealand; and
   2. hold a work visa that specifies their employer as a condition of their visa; and
   3. meet the health and character requirements as set out at A4 and A5; and
   4. have made a report of exploitation to the Ministry of Business, Innovation and Employment (MBIE) and MBIE has assessed that it is credible that exploitation may have occurred.
2. Holders of a visa granted under these instructions are not eligible to apply for a further MEPV visa on the basis of the same report of exploitation.

Note:
- Applicants for a MEPV are required to meet health and character requirements, however they are not required to provide a Medical and/or Chest X-Ray Certificate or Police Certificate (see A4.25(d) and A5.5(e)) unless there is an indication that the applicant may not meet either health or character requirements, in which case an immigration officer may request the relevant certificates.

WI20.10 Making a Migrant Exploitation Protection work visa application

1. Applications for a Migrant Exploitation Protection work visa must:
   1. be made in the prescribed manner (see E4.50); and
   2. include a Report of Exploitation Assessment Letter issued by MBIE as evidence that the applicant meets WI20.5(a)(iv) above.
2. Applicants are exempt from the requirement to pay an application fee, the Immigration Levy and the International Visitor Conservation and Tourism Levy.
3. Applicants are not required to provide:
   1. an offer of employment; or
   2. evidence of funds or sponsorship; or
   3. evidence of onward travel.

WI20.15 Determining and granting a Migrant Exploitation Protection work visa

1. Applicants may be granted a Migrant Exploitation Protection work visa if:
   1. they hold a work visa that specifies their employer as a condition of their current visa; and
   2. an immigration officer is satisfied that the applicant has personally, or through an agent authorised by the applicant, made a report of exploitation and MBIE has assessed that it is credible that exploitation may have occurred ; and
   3. the application is made within one month of the date that the applicant receives the Report of Exploitation Assessment Letter.
2. When assessing the application, immigration officers must disregard:
   1. incidents of false, misleading, forged, or withheld information associated with the applicant’s exploitation (see A5.45(f)); or
   2. any period when the applicant has been working in breach of the conditions for the employer that they have claimed exploited them; or
   3. any periods of unlawfulness that are linked to the report of exploitation.

WI20.20 Currency and conditions of a Migrant Exploitation Protection work visa

1. A MEPV may be granted for the shorter of:
   1. six months; or
   2. the duration remaining on the applicant’s current work visa.
2. Any work visas granted under these instructions will be endorsed with conditions that allow work for any employer.

Effective 01/07/2021