Ensuring your understanding of the Deportation provisions
deportation and how it applies to residence class visa holders
Being granted a Residence class visa in New Zealand does not necessarily mean that you will be able live in NZ indefinitely, there are still conditions to your Residence class visa and if you are in breach of any of them you may run the risk of being liable for deportation.
One of the triggers being liable for deportation is committing an offence after being granted New Zealand Residency. This is set out in s161 of the Immigration Act 2009. In accordance with s161 you become liable for deportation immediately if you are convicted of an offence that the court has the power to impose imprisonment for a term of 3 months or committed at any time:
“(iii) not later than 2 years after the person first held a residence class visa; or
(b) of an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or
(c) of an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or
(d) of an offence against section 350(1) or 351, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force.”
Once someone is made liable for deportation, section 169 states they may not be able to apply for a visa or apply for any further or different types of visas if they currently hold one.
It is very important that the Immigration NZ obligations are made aware and provisions are not breached after being granted a residence visa, as it does not guarantee a permanent stay in New Zealand and you can still be liable for deportation.
For further updates and information please keep an eye out on our website in the coming year or feel free to contact us.