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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Turnaround, revocation of permits, removal, deportation, and monitoring

434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act

You could also call this:

“Automatic visa holders may be deported for reasons predating visa grant”

You can be sent back to your home country if you have a visa that was automatically given to you under sections 415 or 417 of the Immigration Act. This can happen even if the reason for sending you back happened before you got this automatic visa.

When figuring out how long you’ve had your visa, they’ll count the time from before the new rules started. This includes the time you had your old permit, visa, or exemption that matches your new automatic visa.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441385.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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433: Permit granted prior to commencement of section 404 as result of administrative error, or

“Correcting mistakenly granted permits after immigration law change”

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435: Person released on conditions under former Act, or

“Rules for people released under old immigration law still apply”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Turnaround, revocation of permits, removal, deportation, and monitoring

434Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act

  1. A person may become liable for deportation under Part 6 of this Act in respect of a visa deemed to be held by the person under section 415 or 417 of this Act whether the reason for the liability arose before or after the person was deemed to hold the visa.

  2. For the purposes of subsection (1), any time periods specified in this Act that relate to liability for deportation must be calculated including any time that has elapsed before the commencement of section 404 of this Act during which the person held the permit or visa, or was subject to the exemption, that corresponds with the visa deemed to be held under this Act.