Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

161: Deportation liability of residence class visa holder convicted of criminal offence

You could also call this:

“Residence visa holders can be deported for certain crimes”

If you have a residence class visa, you can be deported if you are convicted of certain crimes. The type of crime and when it was committed affects whether you can be deported.

You might be deported if you are convicted of a crime that could lead to 3 months or more in prison. This applies if you committed the crime when you were in New Zealand illegally, when you had a temporary visa, or within 2 years of getting your first residence visa.

You could also be deported for a crime that could lead to 2 years or more in prison if you committed it within 5 years of getting your first residence visa.

If you are sentenced to 5 years or more in prison (or an open-ended sentence that could be 5 years or more), you can be deported if you committed the crime within 10 years of getting your first residence visa.

You can also be deported if you are convicted of certain immigration offences within 10 years of getting your first residence visa.

If you are told you will be deported, you have 28 days to appeal. You can appeal on humanitarian grounds or, if you are a refugee or protected person, against the decision that you can be deported.

When calculating how long you’ve had a residence visa, any time you spent in prison doesn’t count.

The law explains in detail what counts as your first residence visa, including if you were away from New Zealand for a long time or if you didn’t need a visa in the past.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440849.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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160: Deportation liability of residence class visa holder if new information as to character becomes available, or

“Resident visa holders may face deportation if new character information emerges within 5 years”

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162: Deportation liability if refugee or protection status cancelled under section 146, or

“You can be deported if your refugee or protected person status is cancelled”

Part 6 Deportation
Liability for deportation

161Deportation liability of residence class visa holder convicted of criminal offence

  1. A residence class visa holder is liable for deportation if he or she is convicted, in New Zealand or elsewhere,—

  2. of an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time—
    1. when the person was unlawfully in New Zealand; or
      1. when the person held a temporary entry class visa; or
        1. not later than 2 years after the person first held a residence class visa; or
        2. of an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or
          1. of an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or
            1. of an offence against section 350(1) or 351, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force.

              1. A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal—

              2. on humanitarian grounds against his or her liability for deportation; and
                1. if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported.

                  1. For the purposes of subsection (1)(a)(iii), (b), (c), and (d), the periods of 2 years, 5 years, and 10 years after a person first held a residence class visa are to be determined exclusive of any time spent by the person in imprisonment following conviction for any offence.

                  2. Subsection (1)(c) applies—

                  3. whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:
                    1. if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:
                      1. if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

                        1. For the purposes of this section and section 160(1), a person first holds a residence class visa—

                        2. on the date on which the person is first granted a residence class visa of any type in New Zealand; or
                          1. if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or
                            1. if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or
                              1. if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence.

                                1. Subsection (7) applies to a person if he or she—

                                2. was exempt from the requirement to hold a permit under the former Act; but
                                  1. is deemed to hold a residence class visa under section 417(3) of this Act.

                                    1. For the purposes of this section, the person first holds a residence class visa—

                                    2. on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or
                                      1. on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years.

                                        Compare
                                        Notes
                                        • Section 161(1)(c): amended, on , by section 43(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 161(1)(d): inserted, on , by section 43(2) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 161(1)(d): amended, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                                        • Section 161(3): amended, on , by section 43(3) of the Immigration Amendment Act 2015 (2015 No 48).