Changes have been implemented to the Migrant Exploitation Protection Work Visa (MEPV) that benefit individuals who have been unable to secure suitable employment on their initial visa. These updates allow them to apply for a further MEPV, granting them the opportunity to find a new job or return home while remaining lawfully in New Zealand.
Starting from 24 October 2023, applicants for a further MEPV may be granted a duration of either 12 months from the start date of their initial MEPV or until the expiration of their original employer-specific work visa, whichever is shorter. This ensures that their total time spent in New Zealand aligns with the duration of their original work visa. It is crucial for applicants to demonstrate their active search for appropriate employment. Applicants will not be required to pay any application fees for a further MEPV. For additional details concerning the further MEPV, it is imperative for applicants to provide evidence of actively pursuing at least two AEWV eligible jobs over a span of four months or more while holding their initial MEPV. These job opportunities must be in a similar role to their original employer-specific work visa and offer compensation that adheres to the requirements of an Accredited Employer Work Visa. Importantly, the conditions for the further MEPV remain unchanged from the initial MEPV. Visa holders will still have the freedom to work for any employer but will be unable to leave and re-enter New Zealand. Moreover, they are not authorized to sponsor visas for their partner or children residing overseas. It is worth noting that applicants are not required to resubmit their Report of Exploitation Assessment Letter. However, it is crucial that the Ministry of Business, Innovation and Employment has not deemed their previously submitted report of exploitation as lacking credibility due to the submission of a false report. Meeting the eligibility criteria in this regard is essential for obtaining a further MEPV.
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From 29 October 2023, employers will not be permitted to apply 90-day job trial periods in their employment agreements within the Accredited Employer Work Visa (AEWV) scheme. This means that even job trials referred to in Job Checks submitted before the aforementioned date but assessed on or after it will be subjected to the prohibition. The new rules require an accreditation standard for the AEWV that prevents employers from including such job trials in their employment agreements.
Furthermore, technical updates have been made to immigration instructions to outline the conditions under which an employer’s accreditation may be suspended or revoked under the AEWV. These clarifications have been introduced to establish more clarity and ensure adherence to the new rules around the use of job trials in employment agreements within the AEWV. Read more about this update here. For those planning to visit New Zealand during the summer, it is recommended to submit their visitor visa application as soon as possible. The summer season is the busiest time of the year for travel to New Zealand, with a high volume of visitors expected. This means that visa application processing times may take longer than usual, causing potential delays in travel plans. To ensure a smooth and timely application process, visitors planning to travel to New Zealand for the Christmas holidays should apply for their visitor visa by 25 October. This will give Immigration New Zealand (INZ) enough time to process the application and provide a decision before their travel dates. Submitting a visitor visa application now, assuming the application is complete and straightforward, will lead to a faster decision-making process by INZ. Visitors can then book their flights, accommodation, and activities with confidence, knowing that their visa application has been approved. It is important to note that visitors from visa-waiver countries may opt for an NZeTA instead of a visitor visa. However, it is still recommended to apply for either option in advance to avoid any potential travel disruptions. Need assistance for your visitor visa? |
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January 2025
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