Migrant exploitation

This page has information to help you understand:

• your rights as a migrant worker
• ways you could be exploited as a migrant worker
• how to keep yourself safe from exploitation
• what to do if you feel you are being exploited
• your visa options in cases of exploitation
• who to contact at Immigration New Zealand
• agencies and groups can help if you are being exploited.

Your rights as a migrant worker

You have the same minimum rights as any other worker in New Zealand when it comes to:

• holidays
• leave
• work breaks
• wages
• written employment agreements.

Minimum rights of employees — Employment New Zealand websites

Examples of migrant worker exploitation

Examples of migrant exploitation are when:

• your employer bullies or threatens you
• someone keeps your passport and money from you
• you cannot leave your workplace because the doors and windows are locked
• you must ask permission to eat, sleep, or go to the toilet
• you have no time off from work
• you are paid too little money or none at all
• your employer forces you to work to pay off a debt
• your employer threatens to harm you or your family if you do not do as you are told.

Go to the Employment New Zealand website to see what migrant exploitation means and for more examples.
Migrant exploitation — Employment New Zealand website

How to help keep yourself safe from exploitation

It is illegal for your employer to take your passport from you. Keep copies of your passport and visa in your home country with family or friends. In New Zealand, keep your passport and other travel documents in a safe place. 

Write down the phone number of your home country’s embassy in New Zealand and keep it handy.
Embassies — New Zealand Foreign Affairs & Trade website

Your employer must provide you with a written employment agreement covering the terms and conditions of your employment. Keep this in a safe place.

Understand the work conditions of your work or student visa. For example, does it list who you can work for or a maximum number of hours you can work each week?

Note down all the hours and days that you work, the amounts and dates that you are paid, and any amounts taken from your payments by your employer.

Try to get your wages paid into a personal bank account that only you or another authorised person can access. This protects your money and can help you keep track of your wage payments.

Protecting yourself from immigration scams

For people planning on coming to New Zealand, we have a list of immigration scams to watch out for. The information is in 11 languages. 
Protect yourself from immigration scams 

What to do if you feel you are being exploited 

If you are in immediate physical danger, call 111 and ask for Police.  

Do not be afraid to ask for help. You will be protected and treated fairly. Action can be taken against the employer.   

Make a report about exploitation

By reporting migrant exploitation, you may be eligible for the Migrant Exploitation Protection Work Visa (MEPV). This 6-month visa lets you:

• quickly leave the employer who is exploiting you
• remain lawfully in New Zealand while there is an investigation into the exploitation.

You can report migrant exploitation to Employment New Zealand using their online form or by phoning them.

• Reporting migrant exploitation — Employment New Zealand website
• Phone 0800 200 088 (The number is free to call from any landline or mobile in New Zealand.)

If you do not speak English, they can provide information in your language.

When you call and you connect with their operator, say the language you speak. Stay on the line and they will get an interpreter to join the call. Do not end the call while you are being connected.

• All help is confidential. If you want to report anonymously, do not include your contact details.
• It is important that you provide accurate and truthful information in your report and work with Employment New Zealand if there is a case against your employer.  

Do not be afraid to report exploitation

Your employer knows that you may be afraid of reporting your exploitation at work, especially if you are:

• working when your visa does not allow you to
• in New Zealand unlawfully because your visa has expired
• worried you will have to leave New Zealand.

Some employers use this fear to take away your rights. This is wrong. The New Zealand Government wants to stop employers from exploiting migrants. We want you to report any exploitation at work.

Do not be afraid to ask for help. Immigration New Zealand (INZ) and Employment New Zealand will treat you fairly if you tell us about your exploitation at work.

Exploitation is a serious crime

Employers who exploit migrants can be imprisoned for up to 7 years and be fined up to NZD$100,000. They can also be punished for failing to meet their obligations as an employer.

What happens after reporting exploitation 

If you provided contact information, Employment New Zealand will get in touch with you and:

• confirm the information you gave them, and
• let you know how they can help.   

Employment New Zealand can give you advice and, where suitable, connect you with the support services you need for everyday life in New Zealand.

Employment New Zealand will assesses your report and works with the Labour Inspectorate and Immigration New Zealand. This is to:

• decide what, if any, action should be taken against the employer, and
• make sure you are getting your employment rights and pay.

Your visa options in cases of exploitation

Your options depend on your situation.

Apply for the Migrant Exploitation Protection Work Visa (MEPV)

The Migrant Exploitation Protection Work Visa (MEPV) is free and allows you to stay in New Zealand for up to 6 months.  

We treat your application as high priority. It allows you to leave your current employer quickly while we investigate the exploitation. While on this visa, you can work for any employer anywhere in New Zealand.  

• You must have a current work visa with the name of your employer on it.
• You cannot apply for this visa if you hold a work visa that is not linked to an employer (such as a working holiday visa or a Post Study Work Visa). 

If your partner or dependent children already have a visa, their visa and conditions will not change if you have a MPEV. 

When you hold a MEPV and your partner or dependent child need a further visa, they must already be holding a visa based on their relationship to you to be eligible. 

Migrant Exploitation Protection Work Visa

Transfer from an MEPV to another visa

If you want to work after your MEPV expires, you will probably need to apply for an Accredited Employer Work Visa (AEWV). Your employer needs to be accredited and complete a Job Check.  

Check if an employer is accredited

Apply for a Dismissed Worker Visitor Visa 

If you are dismissed during your work trial period, you can apply for a Dismissed Worker Visitor Visa. 

• Length of stay is 3 months. 
• Application fee is NZD$211.
• You cannot work on this visa, but you can use the time to find a job and apply for a work visa. 
• In your application you can include a partner and dependent children aged 19 years and younger. 

Dismissed Worker Visitor Visa

Job offers and applying for a Job Change  

If you have a job offer from a different employer, you can apply for a Job Change. This changes your AEWV conditions to let you work for a new employer.

You still have to leave New Zealand before your visa ends. You do not need permission from your employer to leave your job with them.  

Your new employer must be accredited to hire migrants on the AEWV and have a valid Job Check for your new job.  

Getting the Job Change 

• Cost is NZD $210.
• Check what to do if you hold an AEWV or another work visa with specific conditions. 

Application for a Job Change 

Request a section 61 visa if yours has expired

You are breaking the law if you are in New Zealand after your visa expires. It is called being unlawfully in New Zealand.

You may not be able to come back to New Zealand again if you are here unlawfully for 42 days or longer. You may affect other people, such as family members who help you. 

If you are unlawfully in New Zealand and want the chance to be here lawfully, you can make a section 61 request. Only make a request when you have no other options of staying in New Zealand.  

A section 61 request is for a special temporary or resident visa under section 61 of the Immigration Act 2009. Apply for it, but only if you believe you have a special case. 

If you do not leave New Zealand before your visa expires

Contact INZ 

You can call us from 06:00 to 22:00 Monday to Friday (NZT) excluding New Zealand public holidays. 

Calling about your visa application 

We will need either your INZ client, application or passport number if your call is about a visa application. 

If English is not your first language 

If you do not speak English, we can provide information in your language.

Call us, and when you connect with an operator, say the language you speak. Stay on the line and we will get an interpreter to join the call. Do not end the call while you are being connected.

Phone numbers to use

• INZ Contact Centre (free from New Zealand landlines only)
  0508 558 855 
• Calling from Auckland
  +64 9 914 4100 
• Calling from Wellington
  +64 4 910 9915 
• Calling from outside New Zealand
  +64 9 914 4100 

Agencies or groups who can help you

Employment New Zealand

You can call the Employment New Zealand Service Centre Monday to Friday, 8:00am to 5:30pm excluding public holidays. Their phone number is:
0800 200 088 (The number is free to call from any landline or mobile in New Zealand. )

If you do not speak English, they can provide information in your language.

When you call and connect with an operator, say the language you speak. Stay on the line and they will get an interpreter to join the call. Do not end the call while you are being connected.

Employment New Zealand mediation service

If you have a dispute with your employer you can use Employment New Zealand's free mediation service to help resolve it.

Mediation — Employment New Zealand website 

Citizens Advice Bureau

The Citizens Advice Bureau (CAB) provides free advice on dealing with complaints and disputes.

Find a CAB — Citizens Advice Bureau website 

Community Law

If you need free legal advice, Community Law may be able to help.

Free legal help — Community Law website 

Unions

Unions can help you with exploitation issues and help make sure you are treated fairly. They can also negotiate with your employer on your behalf. 

Find your union — New Council of Trade Unions website 

Get support now — Public Service Association website 

Information for advocates and the public

Migrants may be worried that if they report exploitation they will be deported, especially if they are:

• doing work that is not allowed by their visa conditions, or
•  in New Zealand after their visa has expired.

Employers may use the fear of deportation to pressure migrants into work in conditions that are below legal minimum standards.

The Ministry of Business, Innovation and Employment (MBIE), including INZ and Employment New Zealand, want to stop migrant exploitation.

MBIE works closely with non-government and community groups to raise awareness of migrant exploitation.