New Zealand Intensifies Immigration Enforcement with Tougher Deportation Rules

The New Zealand Government has announced a significant crackdown on serious immigration violations, introducing stricter deportation rules to address gaps in the country’s compliance framework. Immigration Minister Erica Stanford emphasized that enforcement actions will be a top priority, aiming to ensure that migrants who fail to comply with their visa conditions face the full consequences of their actions.

Under the current system, individuals who have held a residence visa for more than 10 years are not liable for deportation even if they commit serious crimes. However, this is set to change. Stanford stated, "We’re fixing that. Where migrants don’t follow the conditions of their visa, I’ve made it clear to Immigration NZ that compliance and enforcement actions are a priority."

The proposed changes will expand deportation liability to cover individuals with residence class visas who commit serious criminal offenses, with liability extending up to 20 years. The legislation also aims to tighten rules regarding providing false or misleading information, which could now trigger deportation liability. Additionally, the definition of when a visa is considered to have been granted in error will be expanded, meaning those who received visas by mistake may now be subject to deportation.

Deportation liability notices will also be issued electronically if a physical address cannot be located, ensuring that enforcement actions are more efficient and comprehensive. Immigration NZ will have the ability to request identity-based information from individuals suspected of breaching their visa conditions or being potentially liable for deportation.

Stanford acknowledged that most migrants comply with their visa conditions and New Zealand laws, but stressed the importance of having the right tools in place to address serious breaches. "We are proposing changes to the Immigration Act to ensure the immigration system is more robust and responsive so it can act more decisively when serious breaches occur," she said.

As of July 1, Immigration NZ reported that approximately 20,980 people in New Zealand have overstayed their visas. This is the first estimate using a new methodology, which the agency claims is more accurate than the previous one from 2017. In 2017, the estimated number of overstayers was 14,000, but direct comparisons are discouraged due to methodological differences.

Among the overstayers, Tongans make up the largest group, with 2,599 individuals, followed by Chinese and American overstayers. The top 10 nationalities account for 69.7% of the total estimate. Overstayers are primarily on visitor visas, with a smaller number on work and student visas.

Ricardo Menéndez March from the Greens highlighted the need for a pathway to residency for those who have overstayed their visas, noting that many are active members of the community and vulnerable to exploitation. "While the Greens have stopped countless families from being deported and their livelihoods destroyed, the Government should do its part," he said.

An amnesty program for overstayers is not a new idea, as the New Zealand government previously offered a residency pathway for thousands of overstayers in the 1980s. The Greens, along with organizations such as the Pacific Leadership Forum and the Migrant Workers Association, continue to advocate for better residency pathways for migrants.

Steve Watson, General Manager of Immigration Compliance and Investigations, noted that the total estimate of overstayers is a small proportion of the overall temporary migrants who come to New Zealand. "Each year, New Zealand processes around one million visa applications and 1.6 million New Zealand Electronic Travel Authority requests, with approximately 3.6 million arrivals from non-New Zealand citizens," he said. "While the vast majority of people comply with their visa conditions, some do not leave and remain unlawfully."

The estimate will be updated annually to maintain transparency and improve public confidence in the immigration system. Immigration NZ also emphasizes its efforts to educate migrants on their rights and obligations, encouraging voluntary departure before deportation.

In terms of compliance, Immigration NZ has focused on addressing criminal activity, particularly those who pose a threat to national security. The agency has improved its productivity in the compliance space, leading to an increase in deportation numbers. "Our operational focus is to ensure those who are of greatest risk to New Zealand are deported," Watson added.