A VIEW FROM COMPLIANCE

Range - Persons unlawful in NZ

- Liability for Deportation?

- What is a Deportation Order?

- What should I do if my Visa expires?

- Working as a Student

- Exploitation

- Summary

Aim: To understand INZ policies and the requirements to remain in NZ

Introduction: Brendon Chase

You are unlawful in NZ if:• Your visa has expired• Your right to hold a visa has been taken away from you• You have entered NZ as a stowaway• You are a ships crew deserter• You have lost NZ citizenship• A Deportation Liability Notice or Deportation Order has

been served on you

You must renew your visa before it expires or you maybe liable for deportation.

Persons Unlawful in NZ

Liability for Deportation?

A Compliance Officer can take away a current temporary visa pursuant to s.157 of the Immigration Act 2009 if they have sufficient reasons (but is not limited to):

a. A breach of conditions of the person’s visa, ie found working for more than 20 hours,

b. Criminal Offending,c. Other matters relating to character,d. Concealment of relevant info in relation to an application for a visa,e. A situation where a person’s circumstances no longer meet the rules, ie

An education provider terminates your enrolment due to poor attendance

Note: You have a right of appeal but this needs to be substantial information to have your visa reinstated.

A Deportation Order is a notice served by a Compliance Officer which authorises INZ and/or NZ Police to take any unlawful person into custody.

You will be held in custody until a flight can be arranged for your deportation from NZ.

Once a Deportation Order has been served you have no right of appeal against this Order.

You will be banned from re-entering NZ for either 2 or 5 years.

What is a Deportation Order?

The onus is on the visa holder to leave NZ on or before the expiry of their visa.

You may appeal to the “Immigration Protection Tribunal” within 42 days of the expiry of your visa.

Your appeal is based on “Exceptional circumstances of humanitarian nature exist that would make it harsh or unjust for deportation to occur”.

Important: If your appeal is/was declined then your best option is to leave NZ voluntarily. This will enable you to return to NZ in the future as opposed to having a Deportation Order served on you.

What should I do if my visa expires?

You may be granted a Variation of Conditions to be able to work for up to 20 hours per week if you are in:

- Full-time study for at least two years,

- Full-time study which would qualify for points under the Skilled Migrant Category,

- Full-time study of at least six months where the primary purpose is to develop English language and you have a minimum score of at least 5.0 in the IELTS test. (International English Language Testing System).

- Note: No student can be involved in the Sex Industry.

Working as a Student

As a migrant worker you have the same rights as all other workers in NZ. Ask yourself;

- Do you feel bullied, threatened or intimated by your employer?- Is your employer holding your passport?- Are you being paid less than the minimum wage?- Is your wage being withheld?- Do you have to work long hours?- Are you being forced to work to pay off debt?- Has your employer threatened you with deportation?- Does your employer restrict your freedom?

If you answer yes to one or more of these then you should consider seeking help, as you maybe a victim of ‘migrant exploitation’

Call 0800 20 90 20 for professional confidential advice.

Exploitation

We understand that some people maybe reluctant to approach INZ for advice due to many reasons.

It is in everybody’s interests that people receive the right advice. This means ensuring people are able to approach INZ without fear of being taken into custody.

Anyone who wants confidential free advice about their immigration situation is urged to contact INZ.

You can do this by visiting INZ at 280 Queen St level 4, or phoning the Call Centre on Ph: 914 9100

INZ has a clear message: Anyone in NZ on an expired visa must return to their home country.

Summary?

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