WI20 Migrant Exploitation Protection work visa (MEPV) instructions

WI20.1 Objective

1. 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 an initial 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 may be granted a further MEPV visa on the basis of the same report of exploitation, if the applicant:
   1. is in New Zealand; and
   2. holds an initial MEPV; and
   3. meet the health and character requirements as set out at A4 and A5; and
   4. has provided evidence (see WI20.17) to demonstrate at least two attempts to seek employment after the initial MEPV was granted that meets the requirements outlined in WI20.15(b)(i) to (iii) below.
3. Applications for a further MEPV will be declined if:
   1. the MEPV holder has already met or exceeded the entitlement set out at WI20.20; or
   2. MBIE has subsequently determined that the applicant’s report of exploitation is not credible because a false report of exploitation was deliberately made.

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. if applying for an initial MEPV, 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 an initial MEPV 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. Applicants may be granted a further MEPV on the basis of the same report of exploitation if an immigration officer is satisfied that:
   1. the applicant has provided evidence (see WI20.17) to demonstrate having made at least two attempts to seek employment throughout a period of four months or more during the currency of the initial MEPV; and
   2. the employment sought was in a similar role as the applicant’s previous employer specific work visa that the initial report of exploitation relates to; and
   3. the employment sought offered remuneration that meets the requirements of WA3.15(b) and (c); and
   4. MBIE has not subsequently determined that the report of exploitation made by the applicant is not credible because a false report of exploitation was deliberately made.
3. When assessing the application, immigration officers must disregard:
   1. incidents of false, misleading, forged, or withheld information associated with the applicant’s exploitation (see A5.45.7); 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.

WI20.17 Evidence of attempts to seek employment

1. Evidence of attempts to find employment may include, but is not limited to:
   1. correspondence with a potential employer regarding their job application; or
   2. screenshots of job search platforms demonstrating the applications submitted; or
   3. job advertisements provided alongside confirmation of job applications submitted.
2. The evidence provided must together demonstrate:
   1. the names of the employer; and
   2. the dates that correspondence or application occurred; and
   3. the remuneration offered; and
   4. the role offered.

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

1. An initial MEPV may be granted for the shorter of:
   1. six months; or
   2. the duration remaining on the applicant’s current work visa, unless there is less than one month duration remaining, in which case a one month MEPV may be granted.
2. A further MEPV on the basis of the same report of exploitation may be granted for the shorter of:
   1. a balance of 12 months from the date the initial MEPV was granted, including any time spent on an interim visa; or
   2. the duration that remained on the applicant’s previous employer specific work visa which the report of exploitation relates to.
3. Any work visas granted under these instructions will be endorsed with conditions that allow work for any employer, and will not allow multiple entry travel conditions.

Effective 24/10/2023