Deportation vs. Voluntary Departure: Making Informed Decisions in Immigration Cases

Being faced with a deportation order can be an extremely stressful situation. So, it is extremely important that you understand what your options are. Primarily, you need to know the difference between deportation and voluntary departure, as well as what your next steps should be. 

The Difference Between Deportation and Voluntary Departure

First, what is the difference between deportation and voluntary departure?

• Deportation. Deportation is an enforced removal from the country, usually following a legal process.
• Voluntary Departure. This is still where an individual leaves the country, but they do so on their own terms without being removed by force. 

Voluntary departure is viewed in a better light, especially when placed on future immigration applications. Departing voluntarily gives you more control over your departure timeline and could reduce legal costs and complications. 

Why Are People Deported In New Zealand?

A deportation notice can be served for a variety of reasons, including:

• Unlawfully Overstaying. This occurs when an individual stays past their visa expiry date. Always understand when your visa expires and prepare beforehand.
• Visa Granted in Error. A visa may be granted by accident if you provide a false identity or incorrect information. 
• Breaching Visa Conditions. Different visa pathways allow for different actions in New Zealand. For example, some visas allow you to travel around Aotearoa, but they do not allow you to work or study here. Violating these conditions could result in a deportation notice. 
• Criminal Offences. An individual may be deported if they commit a serious crime. 

Both non-residents and residents can be served with deportation orders. Immigration New Zealand (INZ) serves deportation liability notices and deportation orders to those who are liable for deportation. 

It is important to note that most people choose to depart voluntarily, and a voluntary departure may not eliminate the possibility of returning to New Zealand in the future. Individuals may be able to return if they are able to obtain the right kind of visa. Of course, having a prior deportation notice could complicate matters. Therefore, it is important to work with the right immigration professionals and provide accurate information when you apply for a visa. 

People who engage in criminal activity are the highest priority when it comes to deportation. Those who are a threat to national security, those who are about to be released from prison, those who have come to the attention of the police and those who have exhausted their pathways to remain in Aotearoa are also priorities. 

Overall, INZ prioritises compliance and deportation are a way to protect the integrity of New Zealand and keep this country a safe and a legally sound place.

What to Do If You Are Served a Deportation Notice

If you are ordered to leave New Zealand, you do have options. You could leave voluntarily to streamline and simplify the process. However, you could also appeal your deportation.

Your ability to appeal would highly depend on your circumstances. If you want to appeal, then you must do so within 42 days of the time that you became unlawful. Or, within 42 days of confirming that your last visa application was declined. If you have been served a deportation notice for other reasons, then you will have 28 days to appeal starting from the time that you received the notice. 

Appeals will be handled by the Immigration and Protection Tribunal and the Ministry of Justice. 

Why Professional Immigration Support Is Crucial When Appealing a Deportation Notice

Navigating immigration law can be complex, regardless of whether you are applying for a visa or appealing deportation. When it comes to deportation notices, time is of the essence, so it is vital that you work quickly and choose good support. 

This is why it is vital to work with immigration consultants who can provide you with personalised support. A Licensed Immigration Adviser can:

• Help you understand your rights and options. It is normal to become confused and stressed when handling deportation, making it difficult to fully understand what you can and should do. A professional will calmly explain your situation and your options to you, empowering you to make a level-headed decision. 
• Assist with preparing an appeal. If you decide to appeal your deportation, then your immigration consultant will be an invaluable asset. They will prepare your appeal in a professional way, making sure that it makes sense and concisely explains the situation to the Ministry of Justice. 
• Assist with preparing for voluntary departure. If you decide that leaving voluntarily is your best option, then they can help you understand what you can and cannot do. 
• Increase the likelihood of a favourable resolution. No matter if you choose to depart or appeal, their professional support will make it much easier to achieve a favourable resolution. 

Choosing the Right Option with Auckland South Immigration Consultants

How can we help? Our team has handled visa applications, deportation appeals and more, and we will l be glad to help you. Learn more about deportation and other special cases on our site.

You can reach us on 0800168472 or send us a message on our site.

Receive the help you deserve with Auckland South Immigration Consultants.