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Visa and appeal processing as we move through Alert Levels 

Is Pathways available to assist me with my visa queries?

At COVID-19 Alert Level 1, our Hamilton and Wellington offices are open and it is business as usual! However, in order to best protect our staff and our clients we have the following protocols:

  • Personal details to be recorded for contact tracing.
  • Hand sanitiser is available and should be applied by everyone entering our office.

Is INZ still accepting and processing visa applications during Alert Level 1?

To date, the INZ priority has been to focus its limited resources on implementing the Epidemic Management Notice, pushing through applications from individuals who have a critical purpose for coming to New Zealand and processing Section 61 requests. Since Alert Level 2, INZ processing efforts expanded as follows:

Residence Applications

Priority will be given where the applicant is in New Zealand. For onshore applications priority will be given as below:

  • For Skilled Migrant Category (SMC), priority will be given to applications with job offers where:
    • Applicants have an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more);
    • Applicants hold current occupational registration where registration is required by immigration instructions.
  • For Residence from Work Category applications (Talent (Accredited Employer), Talent (Arts, Culture and Sport), South Island Contribution, Religious Worker and Long Term Skill Shortage List), priority will be given to:
    • Applications which include a job offer with an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more);
    • Applications which include a job offer which requires occupational registration where occupational registration is required by immigration instructions.
  • Second priority will be given to residence class visa applications where the applicant is out of New Zealand.

Temporary Entry Class Applications

  • Priority will be given to applications for critical workers to support the Government response to COVID-19 and for other temporary visa applicants that are in New Zealand.
  • For Essential Skills work visa applications, Immigration instructions require INZ to consider a range of factors, including the need to help New Zealand businesses provide their services, while protecting the employment opportunities for New Zealanders.
  • For an Essential Skills work visa to be granted, INZ must be satisfied that at the time the application is assessed there are no New Zealanders available to do the work being offered.

Will EOI draws continue?

Skilled Migrant Category and Parent Category Expression of Interest (EOI) draws have been deferred. INZ has reduced processing capacity during the COVID-19 Alert Levels, and it is difficult for applicants to obtain the required documents and evidence to submit an application at this time.

The deferrals are a temporary measure, and INZ have stated that they will reassess this policy as the COVID-19 situation develops.

I received an Invitation to Apply just before/during the COVID-19 lockdown, which made it hard to submit an application. Is there any extension of timeframes?

If you:

  • submitted an Expression of Interest (EOI) for a Skilled Migrant Category (SMC) residence visa, or
  • submitted an EOI for an Investor 2 residence visa, and
  • received an ITA between 1 November 2019 and 15 April 2020

–then you now have an additional six months to submit your residence application.

I was issued a Potentially Prejudicial Information (PPI) letter on an application just before the lockdown, or during Alert Level 2, what should I do?

For applications where a PPI letter was sent prior to 25 March 2020, the due date for response is extended until Friday 12 June 2020 (4 weeks after New Zealand entered Alert Level 2, allowing for the statutory holiday on 1 June 2020).

For applications where a PPI is sent on or after the commencement of Level 2 (i.e. 14 May 2020), the applicant has 4 weeks to respond.

INZ recognises that circumstances are difficult and some information may be difficult to obtain at this time. If you require a further extension, INZ will consider this on a case by case basis. It is recommended that you contact your case officer to discuss if necessary. 

I am a New Zealand resident and I received a deportation liability notice, what should I do?

If you have received a deportation liability notice from Immigration New Zealand you should urgently seek professional advice.

If your deportation liability has been previously suspended you do not need to do anything further, you will need to ensure to comply with the suspension terms stated in the notice.  If your deportation liability is not suspended then you have 28 calendar days to submit an appeal to the IPT against deportation liability. There is no extension on the timeframe to appeal regardless of the lockdown and the broader COVID-19 response. If the appeal opportunity lapses then you will be deported.

If you have received a letter from INZ resolutions with a questionnaire you are strongly encouraged to seek specialised professional advice.

I am a temporary visa holder and I received a deportation liability notice, what should I do?

It is our strongest recommendation that anyone facing deportation liability has a specialised adviser or lawyer represent them as there are very serious consequences if deportation proceeds, and these are very complex matters.

There are no options for extension of any of the timeframes provided for response and appeal.  You will have 14 calendar days to give good reasons to INZ compliance to consider cancelling your deportation liability, and 28 calendar days for appeal.  The appeal timeframe is not paused while waiting on INZ compliance to make a decision. There is no extension on the timeframe to appeal regardless of the lockdown and the broader COVID-19 response. If the appeal opportunity lapses then you will be deported.

My resident visa application was declined and I want to appeal, what should I do?

The 42 day deadline begins from when the decision is received.  There are no options for extension of any of the timeframes provided to appeal regardless of the lockdown and the COVID-19 response. If the appeal opportunity lapses then there is no way to later recover this.

Here at Pathways our team includes specialised advisers who work on these matters and who are available to assist you.

Will my appeal be considered during Alert Level 1?

Most appeal considerations were on hold during lockdown but they have resumed.

Visa expiry and visa extensions

My visa has expired and I am now unlawful, what should I do?

If you are unlawful you should urgently seek advice on submitting a Section 61 request to regain your lawful status. For anyone who is unlawful it is always in their interests to make every endeavour to recover their lawful status sooner rather than later.

My temporary (work, student, visitor, limited) visa expires between 2 April and 9 July, what do I do?

Your visa will be automatically extended to 25 September 2020 on the same conditions as your current visa and you are not required to undertake any action. Confirmation of the visa extension will be emailed to you by INZ and you should follow up with INZ if you do not get this email before your visa expires.

I want to apply for a longer term visa beyond 25 September what can I do?

INZ is operational and new applications can still be submitted. The processing timeframes may be longer than usual as priority is being given to applications for “essential workers” and Section 61 requests.

I have an approved visa but am currently offshore. Can the first entry date on my visa be changed to allow me to travel later instead of applying for a variation or new visa? Or, can my visa be extended so I don’t need to re-apply?

INZ are aware of this concern, but have not yet announced a decision. In the case of work visas, INZ have communicated that they will be considering the wider impacts of COVID-19, including changes to New Zealand’s labour market when arriving at a decision. For visitors, INZ are again aware of this concern and working towards a resolution, but it is not a priority at this time.

It is hoped that the recently passed Immigration (COVID-19 Response) Amendment Bill 2020 will help the Government to provide certainty on these questions.

Varying visa conditions

I need to vary the conditions of my visa (such as to change employers) – what can I do?

INZ are currently working on a process to facilitate the high number of applications. We will update this page as soon as this process is announced.

However, if you are already employed as an essential worker, there is a specific protocol. Please contact Pathways if you require assistance. 

I have a work visa and are either working less than, or being paid for less than, 30 hours a week which is the minimum requirement of my visa – will this be a problem for me?

Usually the requirement would be for you to work, and to be paid for, the work hours set out in your employment agreement but given the unprecedented circumstances, and the government enforced restrictions, our view is that it would be unfair and unreasonable for this situation to be held against you and recommend no action is required at this time but to review this situation often. The recently passed Immigration (COVID-19 Response) Amendment Bill 2020 should help the Government to provide certainty on these questions. 

I am a work visa holder and lost my job, what should I do?

Under normal circumstances you and or your employer would be required to inform INZ about this change in circumstance. However these are far from normal circumstances and we believe the government and INZ will be working on interim measures and processes that will be applied to this, and similar situations, to ensure visa holders are not unfairly compromised by something which is completely outside of their, and their employers, control. We recommend no action at this time except to regularly check back to our website or the INZ website for further updates for updates. In the meantime you could seek alternative employment and be prepared to make a new work visa or variation of conditions application.

The recently passed Immigration (COVID-19 Response) Amendment Bill 2020 should help the Government to provide certainty on these questions.

I have been offered a job in an essential work role and need to change my existing visa, or apply for a new visa, before I can begin work. How can I do this?

There is the ability to escalate a work visa application for an essential skills worker. Please contact Pathways to learn about this process and requirements.

I received a short-term variation of conditions to work in essential services during the COVID-19 response. When do my new conditions expire?

Since New Zealand moved into Alert Level 2 (and now into Alert Level 1), any visa holder who received a short term variation will revert back to their original visa conditions at 11.59pm on Wednesday 24 June 2020. INZ will be contacting affected visa holders about this condition expiry.

Wage subsidy scheme and Wage subsidy extension

I am a work visa holder and my employer wants to know if they can obtain the Government wage subsidy for me and if this will affect my visa?

All New Zealand employers who have been adversely affected by COVID-19 are eligible to apply for the Wage Subsidy. To qualify a business must:

  • be registered and operating in New Zealand
  • have employees who are legally working in New Zealand
  • have experienced a minimum 30% decline in actual or predicted revenue over the period of a month, when compared with the same month last year, and that decline is related to COVID-19*
  • have taken active steps to mitigate the impact of COVID-19
  • retain the employees named in the application for the period of the subsidy.

Those who have a New Zealand work visa or a condition on their New Zealand temporary visa that allows them to work in New Zealand, come under the definition of legally working in New Zealand.

*For the Wage Subsidy Extension, an employer must have experienced a revenue loss of at least 40% for the 30 days before the employer applies for the extension, compared to the closest period last year.

I am employed in New Zealand but am currently overseas. Am I eligible to receive the wage subsidy?

If you are overseas on leave, but are normally employed in New Zealand and otherwise meet the criteria for the wage subsidy scheme or extension, your employer can seek the wage subsidy for you. The Ministry for Business, Innovation and Employment (MBIE) has advised that you discuss this matter with your employer and agree whether paid or unpaid leave is being taken.

I am in New Zealand on a Specific Purpose work visa and the project has been temporarily suspended due to COVID-19. Will my employer cover my wages under the Government’s wage subsidy scheme?

This will depend on who the employer is as per your employment agreement. If your employer is based in New Zealand then you are most likely to be covered under the Government wage subsidy scheme or extension. In case of employees seconded to New Zealand for a specific project by an overseas company, your wages would be the responsibility of your overseas employer.

I am a work visa holder, can my employer force me to take my leave in this time?

An employer, whether they are using the wage subsidy scheme or wage subsidy extension or not, cannot unlawfully compel an employee to use their leave entitlements. However, your employer may require you to take annual leave, including because of temporary workplace closure due to COVID-19, provided they have first consulted with you and provided 14 days notice before the annual leave is to be taken.

Work visa holder entitlements

Are migrant employees eligible for publicly funded healthcare?

A person is eligible for publicly funded health and disability services if they hold a work visa that either:

  • entitles them to remain in New Zealand for two years or more (work visas start on the person’s first day in New Zealand) OR
  • entitles them to remain in New Zealand for a period of time which, together with the time that person has already been lawfully in New Zealand immediately prior to obtaining the visa, equals or exceeds two years

All temporary visas holders in NZ are eligible for publicly funded healthcare if it is related to COVID-19, regardless of their visa status.

If I am not a citizen nor a resident, will I be able to receive treatment for COVID-19?

All people in New Zealand are eligible for publicly funded services to treat COVID-19. This is regardless of visa status. Anyone who has symptoms of COVID-19 should contact Healthline for free on 0800 358 5453 or their doctor immediately.

INZ have reiterated that immigration status will not impact on a person’s ability to receive healthcare. Their treatment will be in complete confidence and their information will not be passed on to other agencies.

I am a work visa holder can my employer deny me my leave in this time (including sick leave if I am sick)?

Employees are entitled to four weeks of paid annual leave, after each 12 months of continuous employment for their employer.

Employers cannot unreasonably refuse to  allow an employee to take the leave to which they are entitled. However, with regard to when you take leave, your employer may decline a request for annual leave if they are able to provide a genuine business reason for declining.

If you require leave because of COVID-19, you may be eligible for the COVID-19 Leave Support Scheme. 

Employer obligations

What are my obligations as an employer surrounding leave at this time?

Usual obligations continue to apply. An employer, whether they are using the wage subsidy scheme (or wage subsidy scheme extension) or not, cannot unlawfully compel an employee to use their leave entitlements. The Government has also clarified that an employee cannot have their receipt of the wage subsidy made conditional on their taking annual leave. However, you may require an employee to take annual leave, including because of temporary workplace closure due to COVID-19, provided you have first consulted with your employee and given them 14 days notice before the annual leave is to be taken.

Similarly, employers cannot unreasonably refuse to  allow an employee to take the leave to which they are entitled. With regard to when employees take leave, you may only decline a request for annual leave if you have a genuine business reason for declining.

My employee is unable to work as they (or a family member they are caring for) has COVID-19, or are considered high risk. What sick leave entitlements are they eligible for?

The employee may be eligible for the COVID-19 Leave Support Scheme which offers the same rates as the wage subsidy scheme of $585.80 per week full time and $350.00 per week for part time workers.

Do I have to pay the new minimum wage of $18.90 from 1st April?

Employees must still be paid for the work they do.  They must be paid at least the new minimum wage for each hour of work they do, regardless of whether they are working from home or at an essential business.  If you as the employer are unable to amend your payroll system during the Alert Level 4, you should backpay your employees as soon as you are able to do so.

Entering and/or remaining in New Zealand

Are there any exceptions to the travel ban for people who are not New Zealand citizens or permanent residents?

INZ have announced immigration instructions to allow people not included, or excepted under the current travel ban, to be granted a visa or a Variation of Conditions to travel to New Zealand. You can request travel to New Zealand for the following reasons:

  • essential health worker
  • other essential worker
  • Tongan or Samoan national requiring essential travel to New Zealand
  • partner or dependent child of student or work visa holder
  • partner or dependent child of a New Zealand citizen or resident
  • Australian citizen or permanent resident that normally resides in New Zealand
  • humanitarian

The threshold for exceptional circumstances is extremely  high. As at 3 July 2020, INZ have received 21,341 requests from people who believe they are eligible to be granted an exception to the border closure. Of the 20,922 requests decided so far, only 4,029 have met the criteria and have been invited to apply for a visa.

Please contact Pathways if you would like to discuss the process and the requirements for making a travel request.

If I am permitted entry to New Zealand, will I have to go into quarantine?

Yes. From midnight on Thursday, 9 April, anyone entering the country will have to undergo 14 days of quarantine or managed self-isolation in a government-approved facility. The Government will cover the cost of accommodation in these facilities.

I am a temporary work visa holder and am currently overseas. I cannot travel back to New Zealand for my job right now, does this affect the validity of my current work visa?

If the work visa is linked to a specific job and the job is still available, then the visa will remain valid and you will be able to travel to New Zealand once the travel restrictions are lifted. You may be able to travel sooner if you meet the exception criteria.

However, if your job is no longer available, then the work visa will no longer be valid.

Essential businesses and essential workers

What is an essential business?

A list of businesses considered essential can be found here.

What is an essential health worker?

A list of essential health workers exempt from the travel ban can be found here.

I am an essential worker on a temporary visa – there have been changes to my work circumstances because of COVID-19. What should I do?

Effective from 16 April, 2020, essential workers are able to apply for a Variation of Conditions of their visa in limited scenarios. While New Zealand remains at Alert Level 3 or 4 and for the six weeks following:

  • Work visa holders with employer-specific work visas already employed in essential services will be able to vary their hours and be redeployed to do other roles within their current workplace. They can also perform their current role in a different workplace to help essential businesses keep operating.
  • International students who are already employed in an essential services role will be able to work longer hours for their current employer.

Are there any special allowances for supermarkets and their employees?

Previous immigration instructions that allowed you to work more than 20 hours on a student visa if you were employed at a supermarket on 23 March 2020 ended on 25 April 2020. Employers must apply for a short-term variation of conditions if an employee wishes to work more than 20 hours.

I am a healthcare worker on a temporary visa. Are there any changes I should be aware of?

Immigration Instructions have been issued which change temporary work visa settings to support the health sector response to managing COVID-19.

International Students currently employed in healthcare roles (including aged residential care) will now be able to work full-time for three months (from 3 April to 3 July 2020 inclusive) in order to support the public health response to COVID-19. Normally students are only permitted to work up to 20 hours/week and full-time only during holiday periods.

INZ have also advised that ‘Lower skilled’ temporary healthcare workers that are currently in New Zealand can now work in New Zealand for an additional 12 months before they are subject to the stand down period.

Despite the current COVID-19 Level 4 Alert, the timeframes for lodgement of appeals to the Immigration and Protect Tribunal (IPT) have not changed. The nationwide lockdown means that though appeal deadlines remain the same, the IPT’s physical office is closed.

Appeals can be sent via email to [email protected]. The IPT will consider the date received as the date the completed appeal form is received by email, provided the form is signed and payment details for the lodgement fee ($700) are included. The IPT has advised that hard copies of all documents can be sent when services are operating again. Submissions and evidence on new appeals can be provided later when the offices re-open.

Submissions and evidence on active appeals are to be sent to the same email address as above. If you have an IPT hearing in the coming weeks, it will be adjourned unless you are specifically contacted and told otherwise.

Appeal against a declined residence decision

If your residence visa application to Immigration New Zealand (INZ) has been declined, and you wish to appeal, IPT must receive your appeal no more than 42 days from the date on which INZ notified you of its decision.

If you are considering lodging an appeal on the basis of a declined resident visa application, it is critical to be aware that an INZ residence decision can only be appealed if you believe:

a. the Immigration New Zealand decision is wrong because you do satisfy the residence instructions in place when you applied for your visa, and/or

b. you have special circumstances that mean the Minister of Immigration should make an exception to those instructions. See section 187(4) of the Immigration Act 2009 to find out more about “special circumstances”.

Understanding whether or not you can reasonably make one of these arguments, and knowing how to do so, can require specialised knowledge. As an appellant, you are permitted to represent yourself in IPT proceedings. However, given the technical expertise and advocacy skills necessary, we recommend representation by either an experienced immigration lawyer, or a licensed immigration adviser.

Appeal against deportation on humanitarian grounds (non-resident) – unlawful appellants

 If you have unlawful status (e.g. because your visa expired or interim visa lapsed) in New Zealand and wish to appeal to the IPT, you should make sure to meet the applicable appeal deadline for your situation. Depending on your circumstances, different timeframes apply. If you are unlawful because you no longer have a valid visa, you have 42 days in which to lodge your appeal. If you have been served a Deportation Liability Notice, your window in which to appeal is only 28 days.

In any case, for your appeal to succeed, you must show the Tribunal that:

a. there are exceptional humanitarian circumstances that would make it unjust or unduly harsh to deport you from New Zealand, and

b. letting you stay in New Zealand would not be against the public interest.

As with residence visa appeals, if you are a non-resident appealing against deportation, you are permitted to represent yourself, but given the complexities of immigration law, and the severe personal consequences of a failed appeal, we highly recommend that you seek representation. This is our recommendation for any IPT proceedings you may choose to bring, including Deportation Appeal by a Resident/Permanent Resident, Refugee and Protection Status Appeal, or a Deportation Appeal (Cancelled Refugee and/or Protection Status).

If you would like to enquire about making an appeal, or have any questions related to this blog post, please contact Pathways NZ to discuss your options with one of our Licensed Immigration Advisers. All of our staff are working from home during the lockdown, and remain contactable by email and phone.

Details on the process for lodging a residence visa appeal, including the necessary form, are available on the IPT webpage.

New Zealand Courts and Tribunals are currently operating with limited capacity. Details of closures and restricted access can be found here.

Section 161(1)(a) of the Immigration Act 2009 states that if a person who has held their Resident Visa for less than 2 years is convicted of an offence for which the court has the power to impose a custodial sentence of 3 months or more, the offender becomes liable for deportation.

The liability for deportation is not triggered by the actual sentence handed down but rather by the maximum sentence that the court has the power to impose. This catches many people out as offences such as careless or dangerous driving, or driving with excess breath alcohol, fall under this category. Whilst these offences are usually punished with a fine and suspension of the offender’s driving licence for 6 months, the fact that the court CAN impose a custodial sentence of 3 months makes section 161 apply.

For more serious offences where a custodial sentence is imposed, Immigration New Zealand (‘INZ’) is generally notified by the Department of Corrections. A custodial sentence includes imprisonment, home detention and periodic detention.

In cases where no custodial sentence has been imposed, INZ will normally only become aware of the conviction and consequential deportation liability when the individual applies for their Permanent Resident Visa (‘PRV’). This is because the applicable INZ 1175 application form requires the applicant to declare their convictions. Upon INZ confirming the conviction the applicant’s file will be transferred to the INZ Resolutions team and the applicant will be notified of their liability for deportation in due course.

An individual may consider not applying for their PRV so as not to flag their deportation liability to INZ. However, consideration must be given to the fact that the deportation liability stands for 10 years from the date of conviction unless it is cancelled by the INZ Resolutions team or the Minister of Immigration. Therefore by not applying for a PRV the individual would be unable to travel during the liability period, or would be unable to re-enter New Zealand as a resident if they left NZ. Having outstanding deportation liability also prevents a person from applying for NZ citizenship. The recommended course of action in most cases would therefore be to lodge the PRV application and to address the deportation liability robustly once contacted by INZ Resolutions. This way the applicant (although unable to qualify for a PRV) would be able to obtain further travel conditions on their Resident Visa enabling them to travel in and out of NZ while the deportation liability issue is resolved.

The INZ Resolutions team will officially notify a resident who is liable for deportation and will give them the opportunity to present their case against deportation by completing a detailed questionnaire and providing additional supporting information and documentation. Either senior immigration officers within the INZ Resolutions team or the Minister of Immigration personally, will make the determination to either cancel, suspend or enforce the deportation liability.

  • Cancellation of the deportation liability will remove the liability for deportation and enable the resident to apply for a PRV.
  • Suspension of the deportation liability can be imposed for a period not exceeding 5 years. If deportation liability is suspended, it will be cancelled after the suspension period has elapsed provided that none of the terms and conditions imposed on the Resident Visa holder during the suspension period are breached. Normally the suspension would be subject to the Resident Visa holder not committing an offence of any type during the suspension period. Deportation liability can be reactivated however if any of the suspension terms and conditions are breached during the suspension period.
  • Enforcement of the deportation liability would result in the Resident Visa holder being deported unless they are able to lodge a successful appeal with the Immigration and Protection Tribunal (‘IPT’) on humanitarian grounds. Such an appeal must be made within 28 days of being issued the official Deportation Liability Notice (‘DLN’) by INZ. The IPT appeal process for residents facing deportation for criminal offending can take 1-2 years. The appeal format is an oral hearing conducted either at court or at the IPT’s offices.

In our experience, convictions at the lower level of offending are unlikely to result in deportation liability enforcement provided that the Resident Visa holder has the assistance of a suitably qualified and experienced immigration professional. Conversely, avoiding or ignoring the problem will not make it go away and could have a detrimental impact on the Resident Visa holder’s future in NZ. Therefore, the sooner we know that you have a problem the better.

Once an individual becomes unlawful they lose the automatic right to lodge a new visa application. This means if they want to try and recover a lawful status while remaining in New Zealand they must make a Section 61 request to Immigration New Zealand (INZ). If a visa has been expired for just one day any new visa application will be treated as a Section 61 request.

A specialist INZ team based in Auckland assesses all Section 61 requests. INZ will decide whether to consider the request, and whether to grant it, based entirely on the information and documentation provided. INZ are not required to request any further information and they are not required to provide a reason for their decision. The Immigration Act 2009 is very clear that there is no right of consideration for an unlawful person and only special circumstances warrant the grant of a visa under Section 61.

If the request is unsuccessful then any further request will only have an increased chance of success if there is relevant new information and evidence. It is therefore critical that any Section 61 request is supported by the very strongest submission. Although there are no mandatory documents for a Section 61 request the most comprehensive and relevant supporting documentation should be submitted from the outset.

In making a Section 61 request the person is bringing their unlawful status and their circumstances to the attention of INZ. Consequently if their Section 61 request is refused the person can expect their information to be passed on to the INZ Compliance Team who will then consider instigating removal action. Recently we became aware of a situation where, when a Section 61 request was refused, INZ Compliance requested that the applicants passport be returned to them rather than the applicant so that they could begin removal action. This was in spite of the person still having a right to appeal their deportation liability. For this reason we are now reluctant to provide passports with any Section 61 requests.

Other options to rectify a person’s immigration status comprise an appeal to the Immigration and Protection Tribunal (IPT) and a request directly to the Minister of Immigration for their intervention. The IPT appeal must be made within 42 days of becoming unlawful and can only be made on humanitarian grounds. Removal action cannot be instigated by INZ against any unlawful person until this period allowable for appeal has passed. Requests to the Minister are a last resort and should be made only in highly mitigating circumstances and when all other options have been exhausted.

If a person is deported from New Zealand they are banned from returning for between 2 to 5 years.

Our advice is always that if you are unlawful you should always take action as soon as possible to recover your lawful visa status and if this action is not successful then you should voluntarily leave New Zealand and keep INZ informed about your travel plans to avoid any removal action. If you are deported from New Zealand this can impact on your ability to obtain a visa to other countries in the future.

If you are unlawful you should always take action as soon as possible to rectify your immigration status. Anyone who is unlawful is at high risk of being subject to deportation and their situation must be carefully reviewed. This is a complex and highly specialised area and any person facing these problems should seek professional advice from a suitably experienced adviser.