Migration Law
Table of Contents
If you overstay your visa in New Zealand, it can lead to serious consequences. The New Zealand Immigration Service takes overstays very seriously, and the penalties can vary depending on the length of your overstay, whether it was deliberate or accidental, and your specific circumstances. Here are some of the potential consequences:
1. Fines or Deportation
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Fines: If you overstay your visa, you might be required to pay a fine. The fine can be up to NZD 1,000, depending on how long you’ve overstayed.
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Deportation: If you overstay, you could be detained and deported back to your home country. Deportation can be costly and may affect your ability to return to New Zealand in the future.
2. Ban on Re-entry
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If you overstay your visa by a significant amount of time, you might face a ban from re-entering New Zealand for a certain period (usually up to 1-5 years). This ban will depend on the severity of the overstay and your immigration history.
3. Impact on Future Visa Applications
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Overstaying can negatively impact any future visa applications to New Zealand or other countries, as immigration authorities may view you as unreliable or untrustworthy.
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Even if you eventually leave the country voluntarily, you may still face issues when applying for visas in the future, especially if New Zealand has recorded your overstay.
4. Difficulty Accessing Public Services
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If you overstay and your visa expires, you may not be eligible for access to certain public services, like health care or work permits. Additionally, your ability to open a bank account or sign contracts could be impacted.
5. Legal Consequences
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Immigration authorities may take legal action against you if they believe your overstay was intentional or if you are found working or living in New Zealand without a valid visa. This could lead to court proceedings and additional fines.
What Should You Do if You’ve Overstayed?
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Contact Immigration: If you realize you have overstayed, it’s important to contact New Zealand Immigration as soon as possible. Depending on your situation, they may allow you to regularize your status or leave the country without facing severe penalties.
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Leave Voluntarily: If you're already overstayed, it's better to leave voluntarily than risk being caught. Leaving the country promptly and before immigration enforcement gets involved is usually the best option.
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Seek Advice: If you’re unsure of what to do or facing complications, it may be helpful to consult an immigration advisor or lawyer for assistance.
In general, the best approach is to keep track of your visa expiration date and ensure that you apply for an extension or a new visa before it expires, if needed. If you’re unable to do so, it’s crucial to take immediate action to rectify the situation. Contact me on pd@blomfieldlegal.com
Skilled Migrant Category Visa
This visa is available to individuals with skills that are in demand. It is a permanent visa and restricted to migrants that have skills listed on the New Zealand Green List. Tier 1 people may qualify for immediate residency status, Tier 2 people on the Green List may qualify for residency status after working in New Zealand for two years. To qualify for this visa, you must be 55 or younger at the time of application and be in good health.
The Points Test
A points test will be required to prove you have the skills New Zealand needs. The number of points you need to qualify changes regularly, so keep up to date on the latest requirements you will need to monitor the New Zealand Immigration website www.immigration.govt.nz
You can live and work in New Zealand indefinitely if granted a skilled migrant resident visa. You may have the option of bringing your family with you under this type of visa in certain circumstances
Accredited Employer Work Visa
An accredited employer work visa allows those approved by Immigration New Zealand to stay in New Zealand for up to 3 years.
Work visa applicants must have a job offer in the New Zealand workforce by a company with employer accreditation offering work visa holders at least 30 hours per week. This is only attainable through an accredited employer.
Employer Accreditation
To obtain an accredited employer work visa, from 4 July 2022, the company that provides your job offer must have employer accreditation.
Partnership Visa (NZ Partner)
Partners of New Zealand residents can apply for a Partnership visa. They need to prove that they are in a stable, genuine relationship and then can apply to work and live in New Zealand. To do this one will need to provide the department with evidence such as time stamped photographs, emails, or evidence of shared finances.
There are two determining applications you can make.
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If the applicant has lived with a New Zealand partner for less than 12 months, you may qualify for a 12-month visitor or work visa.
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If you have been together with your New Zealand partner for 12 months or more, you may qualify for an extended work visa of 24 months.
Applicants must provide substantiating evidence of their relationship and be of good health and character for an application to be successful.
Partnership Visa (Non-NZ Partner)
The partner of a migrant worker can apply for a Non-NZ Citizen Partnership Visa, allowing them to also support their family. The primary migrant worker must have employment prior to the second applicant applying for a visa.
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The primary migrant worker and their partner need to supply evidence that they are in a ‘genuine and stable’ relationship and satisfy Immigration New Zealand’s requirements of being of good health and character. It is an area in which the department will make thorough investigations as it receives a number of fraudulent applications.
The partner, once accepted, has no restrictions on where they work, and the visa length will be the same as the primary visa holder.
Please contact me to discuss your matter pd@blomfieldlegal.com