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Temporary Visas: Working, studying or visiting for a limited time

Deportation of Temporary Visa holders

When can a Temporary Visa holder be deported?

Immigration Act 2009, s 157

Immigration New Zealand has a wide power to deport a Temporary Visa holder if they think they have a “sufficient reason” for this. A “sufficient reason” includes, for example, breaching the conditions of your visa (for example, not attending the course your Student Visa was granted for, or working while you had only a Visitor or Student Visa), committing a crime, or concealing relevant information from Immigration NZ when you applied for the visa. A sufficient reason can also be if your situation no longer meets the rules or criteria under which your visa was granted.

Immigration NZ has to begin the deportation process by giving you a “Deportation Liability Notice”. You then have a number of rights to challenge their decision, for more details, see “Appealing against deportation” in the section “Deportation: Being made to leave New Zealand”.

Immigration New Zealand’s wide discretion to deport Temporary Visa holders contrasts with the restrictions on deporting Residence Class Visa holders, who can only be deported for the specific reasons contained in the Immigration Act, for more details, see “Residence Class Visa holders: Being deported for wrongdoing or other reasons” in the section “Deportation: Being made to leave New Zealand”.

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Immigration

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Immigration New Zealand

www.immigration.govt.nz

Immigration New Zealand is the government organisation that deals with visa applications and other immigration issues. It’s part of the Ministry of Business, Innovation and Employment.

www.immigration.govt.nz/about-us/policy-and-law/how-the-immigration-system-operates

You can read Immigration NZ’s Operational Manual at www.immigration.govt.nz/opsmanual

Immigration and Protection Tribunal

www.justice.govt.nz/Tribunals/immigration/immigration-and-protection

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