Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

169: Effect of being liable for deportation

You could also call this:

“What happens when you're liable for deportation”

If you’re liable for deportation, you can’t apply for a visa if you’re in New Zealand unlawfully. You also can’t apply for a different kind of visa if you already have one.

However, the Minister or an immigration officer can choose to give you a different type of visa if you already have one, even if you’re liable for deportation.

While you’re liable for deportation, any application you’ve made for a different type of visa will be put on hold. But this doesn’t apply to applications that the Tribunal has sent back to the Minister or the chief executive under section 188(1)(d) or (e).

If you’re liable for deportation, any application you’ve made to become a New Zealand citizen will also be put on hold. This includes applications under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440859.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 6 Deportation
Liability for deportation

169Effect of being liable for deportation

  1. A person liable for deportation may not—

  2. apply for a visa, if he or she is unlawfully in New Zealand; or
    1. apply for a further visa of a different class or type, if he or she currently holds a visa.

      1. However, the Minister or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom subsection (1)(b) applies.

      2. While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.

      3. However, nothing in subsection (3) prevents the processing of any application referred back to the Minister or the chief executive by the Tribunal under section 188(1)(d) or (e).

      4. While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must be suspended.

      Notes
      • Section 169(3A): inserted, on , by section 44 of the Immigration Amendment Act 2015 (2015 No 48).