New Zealand Updates Visa Rules for Foreign Workers Starting October 31

Beginning on October 31, New Zealand will introduce significant modifications to its visa regulations concerning foreign workers. These changes entail the elimination of the second Migrant Exploitation Protection Work Visa (MEPV) and revisions to the definition of exploitation, with the objective of enhancing the protection of migrant workers within the nation.

The government of New Zealand has announced important modifications to the Migrant Exploitation Protection Work Visa (MEPV), which is designed to enhance the safeguarding of foreign workers.

Effective from 31 October 2024, the opportunity to apply for a second MEPV will be eliminated. Consequently, any migrant currently holding an initial MEPV will be unable to submit an application for a second visa after this date. Applications made on or after 31 October 2024 will be automatically rejected.

Key Modifications to the Migrant Exploitation Protection Work Visa (MEPV)

1. Elimination of the Second MEPV Application

As of 31 October 2024, migrants with an initial Migrant Exploitation Protection Work Visa (MEPV) will no longer have the ability to apply for a second visa. This alteration indicates that any attempts to obtain a second MEPV after the specified date will result in automatic rejection of the application.

2. Limited Protection Duration

The MEPV will provide a maximum of six months of protection for migrants who report credible instances of exploitation. This provision allows them to exit exploitative employment and remain in New Zealand while seeking new job opportunities, thereby maintaining their legal status.

3. Revised Definition of Exploitation

The government has updated the definition of exploitation, clarifying that lawful terminations, redundancies, or non-payment due to liquidation are excluded unless they are associated with illegal or exploitative actions. This refinement ensures that the focus remains on the protection of workers who are genuinely exploited.

Final Opportunity to Submit Applications for a Second MEPV

Until 30 October 2024, migrants whose initial MEPV is set to expire on or before 30 November 2024 will have the chance to apply for a second MEPV.

This two-week transitional phase permits them to extend their visa for an additional six months. Following this grace period, the option to apply for a second MEPV will no longer be accessible.

Starting from 24 October 2023, migrants holding an initial MEPV were eligible to apply for a further MEPV if they were unable to secure suitable employment. This extension allows them to prolong their stay for up to 12 months or until the expiration of their original employer-specific work visa, without incurring any additional costs.

Discontinuation of Financial Support for MEPV Holders

Earlier this year, New Zealand halted the provision of short-term financial assistance to migrants holding a Migrant Exploitation Protection Work Visa (MEPV). While MEPV holders retain the ability to work and maintain their visa status, they will no longer qualify for financial support in the future.

Reforms to the Accredited Employer Work Visa

In conjunction with the modifications to the MEPV, New Zealand has implemented reforms to the Accredited Employer Work Visa (AEWV). These reforms include more stringent English language requirements and established minimum thresholds for skills or experience.

The objective is to mitigate the risk of exploitation by ensuring that only qualified and adequately prepared migrants enter New Zealand’s labor market. These initiatives reinforce the government’s dedication to safeguarding migrant workers while upholding the integrity of the immigration system.

Introduction of a National Occupation List to Supersede ANZSCO

In addition to the adjustments for foreign workers, New Zealand is set to introduce a new National Occupation List (NOL), which will replace the existing Australian and New Zealand Standard Classification of Occupations (ANZSCO). This update is designed to better align with the evolving needs of the country’s labor market.

The transition to the NOL will entail a comprehensive review of all occupations currently categorized under ANZSCO to ensure their compatibility with the new classification system.