Reasons for the Deportation Liability or Deportation notice can be –
• You are in New Zealand “unlawfully” (illegally) – for example, if your visa has now expired but you’ve stayed in the country
• Mistakes (“administrative error”) – if Immigration NZ granted you your visa by mistake (for example, if you were in fact disqualified from getting a visa in the first place because of a criminal record).
• You’re here lawfully on a current Temporary Visa or Residence Class Visa, but you’ve done something wrong, like breaking the law or breaching the conditions of your visa (for example - drink driving, not working on an employer specific visa, working for a different employer not allowed by your visa conditions, working when you’ve only got a visitor’s visa, etc.).
The reasons are detailed below –
o Breaching visa conditions – if you’ve breached any of the conditions of your visa (for example, if you work while you have only a Visitor Visa)
o Withholding information – if Immigration New Zealand find out that you held back relevant information when you applied for your visa
o False identity – if you applied for and got your current visa under a false identity
o Change in your situation – if your situation no longer meets the rules or qualifying requirements under which your visa was granted
o Committing crimes – if you’re convicted of a criminal offence
o “Character” problems or other good reasons – if Immigration NZ has some other “sufficient reason” for deporting you, including something about your character.
As soon as you’re in New Zealand “unlawfully” (illegally) – for example, if your visa has expired – you have a legal obligation to leave the country, and you can be deported after a certain time if you haven’t left voluntarily.
Grounds for Residence Visa holders can be deported –
As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons:
• Committing crimes – if you are convicted, whether in New Zealand or another country, of committing a criminal offence, but only if it’s an offence for which
• You could have been jailed for three months or more, and you committed the offence while you were in New Zealand unlawfully, or while you held a Temporary Visa, or during the first two years of your residence
• You could have been jailed for two years or more, and you committed the offence during the first five years of your residence
• You could have been jailed for five years or more, and you committed the offence during the first ten years of your residence
• You employed illegal workers and you committed the offence during the first ten years of your residence
• You exploited illegal workers or temporary workers and you committed the offence during the first ten years of your residence.
• Breaching visa conditions – if you have breached any of the conditions of your visa (for example, it might have been a condition of a Resident Visa under the Skilled Migrant Category that you accept an offer of skilled employment within three months)
• False identity – if you are holding your visa under a false identity
• New character information – if, within five years after you obtained your first Resident Visa, Immigration NZ gets new information about your “character” that existed at the time they granted you the visa and that would have disqualified you from getting the visa had they known about it.
• Fraud, forgery, misinformation – if Immigration New Zealand find out you gave them false, fraudulent, forged or misleading information, or that you held back relevant information, when you applied for your visa.
• Security risk – if you’re a current threat to New Zealand’s defence or security, including security against terrorism, spying and organised crime (but this requires a certificate from the Minister of Immigration and an Order in Council from the government).
• Mistakes (or administrative error) – if Immigration NZ granted your visa by mistake (for example, if you shouldn’t have been given a visa in the first place because your criminal record legally disqualified you).