Challenges and Consequences: Navigating the Deportation Process in New Zealand

Deportation is an incredibly challenging experience. It can happen for various reasons, from overstaying your visa to committing crimes. It is essential to understand the deportation process and your potential options if you face deportation. 

What Is Deportation and When Is Someone Liable for It?

Deportation is when an individual is legally removed from a country. An order for deportation can be served for various reasons:

• Unlawfully Overstaying After Your Visa Expires. Temporary visas always have expiration dates. Staying past your visa’s expiration date can cause you to be given an order of deportation and may harm your chances of being granted visas in the future. Always understand when your visa will expire and always plan ahead so that you can leave before then.
• Breaching Your Visa Conditions. Different visa categories have conditions that determine what you can and cannot do. For example, a visitor visa may allow you to visit and explore New Zealand. However, it may prohibit you from settling down and working here. Always stick to your visa conditions and know your restrictions. If you intend to visit New Zealand for a specific reason, be sure you choose a visa that will let you legally accomplish your goals. 
• Committing A Criminal Offence. You may be deported if you are convicted of committing a criminal offence. Remember that New Zealand may have laws that are different from those in your home country. Therefore, review NZ laws before you arrive. 
• Providing False or Misleading Details On Your Application. You need to provide information about yourself when you apply for a visa. Make sure your information is up-to-date and accurate. Providing false or misleading details can result in you being deported. Furthermore, withholding important information may also lead to deportation. 

Reduce your chances of deportation by thoroughly understanding your visa conditions, following NZ laws, and giving accurate information. It is best to be entirely honest with Immigration New Zealand and your immigration adviser to ensure a streamlined process. If you have faced any issues in the past that may make your visa process more complicated than most, work with your immigration adviser to see what you can do. 

There are several kinds of deportation:

• Deportation. This is when a person unlawfully in New Zealand is served with a deportation order and then leaves New Zealand or a temporary visa holder who has been served with a deportation order leaves New Zealand. 
• Self-Deportation. This occurs when an individual unlawfully present in New Zealand leaves on their own after the date they could have been served a deportation order, even though they have not received one.
• Voluntary Departure. This is when a person who is liable for deportation departs on their own at no cost to the Ministry, and they do so before the date when they would have received a deportation order. 

What to Do If You are Served a Deportation Order

Being served an order of deportation can be an incredibly stressful event, leading to legal complexities, emotional distress, financial burden, and tight deadlines that you will need to meet to leave New Zealand or appeal the process. 

During this situation, it is best to consult with a helpful professional who has handled similar cases before. You have options, and an immigration adviser can help you understand your choices. 

If you want to challenge your deportation order, then you can submit a deportation appeal. Deportation appeals allow individuals liable for deportation to present their case to the Immigration and Protection Tribunal (IPT). Your appeal must be submitted within 42 days if you are unlawfully overstaying or if your visa was rejected. If you have been served a deportation order for another reason, then you typically have 28 days.

You should take these steps while receiving guidance from an immigration adviser:

• Assess Your Case. First, go over your situation with your immigration adviser. Consider what you can do and what your best options are.
• Gather Necessary Documentation and Form your Appeal. Gather important documentation and evidence for your appeal. Work with your immigration adviser to create strong arguments for your appeal, improving your chances of success. 
• File Your Deportation Appeal. Once everything is ready, submit your appeal and prepare for the next steps. Your immigration adviser will advocate for you, representing your case and presenting your arguments in a clear and understandable way. 
• Decide Your Next Steps. Afterwards, your adviser will help you process the IPT’s decision, and you can formulate your next steps with their choice in mind. 

Navigating The Deportation Process with Auckland South Immigration Consultants

We understand that deportation can be extremely stressful, which is why our team handles each case with care. Learn more about deportation and other special cases on our website. Or, you can call us on 0800168472 or message us online if you would like to speak to us directly.

Auckland South Immigration Consultants: Receive the personalised help you deserve.