The new Migrant Exploitation Protection Work Visa

A study conducted by the University of Auckland Business School in July 2019[1] has revealed an alarming reality about our country: migrants' exploitation is widespread in New Zealand, affecting mainly temporary visa holders. The most common types of exploitation concern the underpayment of wages, the non-compliance with employment agreements, the denial of leave and the lack of payment of taxes. However, the practice can go as far as reserving inhuman working duration and conditions of work, physical and sexual abuse and intimidation[2], most commonly in the primary industry sector.

The exploitation of any workers, local or foreigner, is contrary to our legislation, but migrants are the most common victims of this illicit practice.

Employment New Zealand provides several tools for foreigners who feel like they have been mistreated by their employer, including a dedicated 0800 number (0800 20 00 88 - Monday to Friday, 8.00am-5.30pm) and an online form in several languages[3]. The Government has also recently instituted a dedicated foundation, the Migrant Exploitation Relief Foundation, which aims to give practical help and support to exploited migrants through a government funding of $50 million over four years.

However, migrants are often afraid to denounce the abuses they endure in their workplace, the main reasons being the financial power exercised by their employers and their vulnerability. Their defenceless status is also due to other factors, like the insufficient knowledge of local culture and language and the lack of an established social network in their hosting country.

Mostly, migrants worry that denouncing their employers would imply losing their support for their visas and hinder the possibility of remaining legally in the country. This is even more true for all the employer-assisted visas, which depend on their employment and employers' support.

In this sense, a new type of visa recently introduced by Immigration New Zealand is likely to be the most effective tool offered to exploited migrants so far. The new visa, called Migrant Exploitation Protection Work Visa, allows exploited migrants on an employer-assisted work visa to obtain a temporary visa for up to 6 months while awaiting the result of their exploitation report assessment.

Any exploited migrant currently in New Zealand, who holds an employer-assisted work visa and meets temporary visa health and character instructions, becomes eligible for a Migrant Exploitation Visa after reporting the abuse and receiving a Report of Exploitation Assessment letter from Employment New Zealand.

The visa allows the denouncing migrant to leave their jobs while the exploitation is investigated and work anywhere in New Zealand for any employer throughout its duration. The visa also allows the worker's partner and dependent children, who already hold a visa based on the relationship with the work visa holder, to apply for a further partnership visa for the same duration as the MEP work visa.

It is also worth mentioning that the visa's process is quite simplified, waiving the requirement of a police certificate for the worker and all the dependent visa applications.

The Migrant Exploitation Protection work visa (MEPV) introduction represents a significant milestone in New Zealand's fight against migrants' exploitation, removing the biggest obstacle to exploited migrants' inclination to denounce unlawful abuses.

We expect the introduction of this new type of visa to encourage migrants to come forward when they are victims of this type of crime. This will, in turn, deter employers from adopting illicit behaviours and improve the general quality of employment in New Zealand.

The introduction of the new visa also represents a strong signal of the Government rejection of exploitation and an improvement that will enhance the quality and integrity of our immigration system.

[1] https://www.mbie.govt.nz/dmsdocument/7109-temporary-migrant-worker-exploitation-in-new-zealand

And

https://www.business-humanrights.org/en/latest-news/new-zealand-migrant-workers-widely-exploited-in-horticulture-hospitality-other-sectors-study-and-cases-reveal/

[2] https://www.auckland.ac.nz/en/news/2021/02/16/the-insidious-return-of-slavery.html

[3] https://reportmigrantexploitation.employment.govt.nz/