Frequently Asked Questions on Deportation

Frequently Asked Questions on Deportation

1. Help, I’m facing deportation! Do I have to leave New Zealand straight away?

Any number of things can happen that can activate deportation liability, so no two situations are ever completely the same.

Typically, you do not have to leave the country straight away, you may have options to pursue. In many cases, you may be able to appeal against your deportation liability, within certain timeframes.

It is important that you know and understand all of your options.  It is also critical for you to get legal advice as soon as possible. Leaving things to the last minute can mean you lose any chance you may have of remaining in New Zealand.

2. What are my chances of being allowed to remain in New Zealand?

As no two situations are ever completely the same, whether you will be allowed to remain in New Zealand, will largely depend on what activated your deportation liability in the first place.

Generally, the stronger your connection is to New Zealand, the better your chances of being allowed to remain. For instance, if you have family members in New Zealand, who are New Zealand citizens and/or New Zealand residents, this could count in your favour. Likewise, if you have employment here, and your employer relies on your specialist skill set and would find it very difficult to replace you, this could equally work in your favour.

When it comes to criminal convictions in New Zealand, the severity of the criminal offence and the nature of the offence has a corresponding impact on your chances of remaining in New Zealand. For example, a person convicted for the first time of drink driving might have a stronger chance of remaining in New Zealand, than someone who was convicted of aggravated assault.

Every situation is different and there are many factors that might work in your favour. We are experts in this area and know what works and what doesn’t.

We can give you advice on your particular circumstances. If we believe we can assist, we will explain your chances of success and the costs associated with engaging us.

3.  If I am deported will I be allowed to come back to New Zealand?

Generally, it would be very difficult for someone who was deported to ever be allowed to return to New Zealand.

In a very limited number of cases, you might be able to come back one day. Under the Immigration Act there are bans on re-entry to New Zealand if you have been deported. These bans range from two to five years if you have been in New Zealand unlawfully, but for more serious reasons for deportation like criminal convictions, provision of false or misleading information or immigration fraud, there are permanent bans (i.e. meaning you can never come back).

In most instances, it is advisable to challenge or fight against your deportation liability, rather than trying to get back to New Zealand once you have been deported.  

4. What is a deportation liability notice?

A deportation liability notice alerts the migrant that they are at serious risk of being deported from New Zealand. The notice sets out the basis for deportation as well as the time limits for seeking cancellation or appealing deportation, if such rights exist.

5.  What is a deportation order?

A deportation order allows Immigration New Zealand or the NZ Police to immediately act to take the affected person out of New Zealand. This can happen as soon as the deportation order is served.

Generally, deportation orders may only be served after the affected person has exhausted their legal rights of appeal or cancellation, or has done nothing to exercise those rights within the prescribed timeframes for doing so.  

Talk to us

It is critical that anyone who finds themselves facing possible deportation obtains legal advice from immigration experts to give themselves the best possible chance of remaining in New Zealand.

If you’d like more information on this topic talk to Elly Fleming,  Solicitor, Pitt & Moore.

Disclaimer: This article should not be used as a substitute for immigration/ legal advice tailored for your specific circumstances. 

 

 

 

 

 

 

 

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Elly Fleming

Position: Solicitor
Email: elly.fleming@pittandmoore.co.nz
DDI: +64 3 545 6714