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Tougher Deportation Rules As Overstayer Numbers Unveiled

Tougher Deportation Rules As Overstayer Numbers Unveiled
Immigration minister Erica Stanford

The Government is set to introduce tougher deportation laws in response to what officials describe as serious immigration breaches, coinciding with new figures showing more than 20,000 people are overstaying their visas in New Zealand, The New Zealand Herald has reported.

Immigration New Zealand said as of July 1 there were around 20,980 overstayers in New Zealand. The estimate, based on a new methodology, is higher than the 2017 figure of 14,000, although INZ warned against direct comparisons.

Herald reported that by nationality, Tonga topped the list with 2599 overstayers, followed by China (2577) and the United States (2213). Samoa, India, Great Britain, the Philippines, Malaysia, Canada and Germany also featured in the top 10, which together made up 69.7% of the total estimate.

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Of the 24,425 Tongans who arrived in New Zealand on temporary visas between July 2023 and June 2025, 472 (1.93%) overstayed — the highest proportion by nationality. Samoans followed at 1.66%. Most overstayers held visitor visas, with smaller numbers on work visas (2219) or student visas (1031).

Immigration Minister Erica Stanford said the changes, soon to go before Parliament, would close long-standing loopholes in the system.

“For example, under the current rules, someone who commits a serious crime cannot be liable for deportation if they have held a residence visa for more than 10 years,” she said. “We’re fixing that. Where migrants don’t follow the conditions of their visa, I’ve made it clear to Immigration NZ compliance and enforcement actions are a priority,” Herald quoted Stanford. 

Between July 2024 and June this year, 1259 people were deported, self-deported or voluntarily departed New Zealand, INZ said — an increase of 352 from the previous financial year.

Stanford’s legislation will extend deportation liability to 20 years for residence class visa holders who commit serious offences. Other changes include tightening rules so providing false or misleading information can trigger deportation, clarifying that historic crimes (including those committed before arriving in New Zealand) can lead to deportation, and expanding the definition of visas granted in error.

Deportation notices will also be able to be issued electronically, and immigration officers will gain powers to request identity-based information if there is cause to suspect breaches, Herald reported.

Penalties for migrant exploitation will also rise, with the maximum sentence increasing from seven years to 10 years’ imprisonment. 

Herald reported that INZ’s general manager of Immigration Compliance and Investigations, Steve Watson, said overstayers were a small proportion of the temporary migrants who enter New Zealand each year.

Watson said the new estimate would be updated annually to improve transparency and public confidence. INZ also educates migrants on their rights and obligations.

He added that INZ’s compliance work has recently prioritised cases involving criminal activity and national security risks.

The Government is set to introduce tougher deportation laws in response to what officials describe as serious immigration breaches, coinciding with new figures showing more than 20,000 people are overstaying their visas in New Zealand, The New Zealand Herald has reported.

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