If you have been exploited by an employer you can apply for the Migrant Exploitation Protection Work Visa (MEPV) while the exploitation is being investigated. This visa allows you to quickly leave your job while the exploitation is being investigated. You can then go on to work for any employer in New Zealand and can stay for up to 6 months.

To qualify for this visa you must be in good health and of good character and have been a victim of exploitation as a migrant.

Our team is experienced in these matters, contact us to discuss your individual circumstances.

 

What is migrant exploitation?

This refers to migrant workers who are victims of behaviour by employers that can cause or increase the risk of harm to their well-being. Migrant workers are protected by minimum employment standards and if these are breached, along with any health and safety or immigration laws, this is classed as exploitation of a migrant. For more information you can visit the Employment New Zealand website on exploitation of migrants.

Before applying for this visa you will need to report the exploitation to Employment New Zealand who will provide you with the Report of Exploitation Assessment letter. You can then apply for an initial MEPV.

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Frequently Asked Questions

The Migrant Exploitation Protection Visa is a temporary open work visa that allows migrants who have been exploited by an employer to stay in New Zealand and work for any employer while their situation is addressed.
You may be eligible if you:
• Are currently in New Zealand
• Hold, or recently held, a work visa tied to a specific employer
• Have experienced migrant exploitation and reported the exploitation to the Ministry of Business, Innovation and Employment(‘MBIE”)
Migrant exploitation can include:
• Being paid less than the legal minimum wage
• Not being paid for all hours worked
• Being forced to work excessive hours
• Unsafe or unlawful working conditions
• Threats, coercion, or control related to your visa status
No. You do not need to leave your employer before applying, but the visa is intended to allow you to leave an exploitative situation safely and work for another employer if granted.
You must provide evidence that migrant exploitation has occurred by way of a Report of Exploitation Assessment Letter issued by MBIE.
You do not need to prove the outcome of the investigation—only that a report has been made.
The visa is usually granted for up to 6 months, although shorter periods may apply if the applicant has less than 06 months left on their current visa.
Yes. The Migrant Exploitation Protection Visa is an open work visa, meaning you can work for any employer, in any role, without employer sponsorship.
Yes, provided the partner is in New Zealand on a visa that was granted on the basis of their partnership with the worker.
No. There is no application fee for the Migrant Exploitation Protection Visa.
Applying for this visa will not negatively affect future visa applications. Reporting exploitation is viewed positively by Immigration New Zealand and does not disadvantage you.

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Muhammad Bin Kamarudin

Senior Associate | Solicitor

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Lethan Heugh

Solicitor

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