Government announces crackdown on immigration breaches with new deportation rules, as overstayer numbers revealed

Brian from Mount Roskill

The Government is cracking down on serious immigration breaches, announcing it will strengthen deportation settings on the same day Immigration NZ revealed there are more than 20,000 people who have overstayed their visa.
Immigration Minister Erica Stanford believes the changes, soon to be introduced to Parliament, will address gaps in New Zealand’s compliance framework.
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.
“We’re fixing that,” Stanford said. “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.”
Between July 2024 and the end of June this year, 1259 people were deported from New Zealand, self-deported or voluntarily departed New Zealand, Immigration NZ said. This is an increase of 352 from the previous financial year.
Among the changes that Stanford’s new legislation will make is an expansion of deportation liability to up to 20 years to cover those with residence class visas who commit serious criminal offences.
Rules will be tightened to ensure providing false or misleading information can trigger deportation liability and clarifying that historic crimes – including those committed before arriving in New Zealand – can lead to deportation liability.
The definition of when a visa is considered to have been granted in error will be expanded. This means holders of a visa granted by mistake will no longer benefit from it and may be liable for deportation.
Deportation liability notices will also be able to be issued electronically if a physical address cannot be located. Immigration offers will have the ability to request identity-based information from someone when there is good cause to suspect they may be in breach of their visa conditions or potentially liable for deportation.
“We know most people comply with their visa conditions and New Zealand laws while they are here,” said Stanford.
“For those who do not, it’s important we have the right tools in place. We are proposing changes to the Immigration Act to ensure the immigration system is more robust and responsive so it can act more decisively when serious breaches occur.”
Stanford said penalties for migrant exploitation will also be toughened. The maximum penalty will rise from seven years imprisonment to 10 years.
“Migrant exploitation is unacceptable and will not be tolerated. This change recognises the seriousness of this crime and builds on a suite of changes made by this Government to reduce the opportunity for exploitation and stamp it out when it occurs.”
Immigration NZ said on Thursday that as of July 1, there were around 20,980 people in New Zealand who have overstayed their visa. This is the first estimate to be carried out using a new methodology which the agency believes has better accuracy than the previous one used in 2017.
In 2017, there were an estimated 14,000 overstayers, but immigration NZ warned against direct comparisons because of the different methodologies used.
In terms of nationalities, there are 2599 individuals from Tonga who were believed to be overstayers, followed by 2577 from China and 2213 from the US.
The top 10, which also includes people from Samoa, India, Great Britain, Philippines, Malaysia, Canada and Germany, represents 69.7% of the total estimate.
There were 24,425 people from Tonga who arrived in New Zealand on a temporary visa between July 1, 2023, and June 30, 2025. Of these, 472 were recorded as being overstayers, or 1.93%. This is the largest percentage recorded, followed by 1.66% of Samoans who arrived during this period.
Most of those recorded as being overstayers are in New Zealand on a visitor visa. Only a small number are here on a work visa – 2219 – or a student visa, 1031.
Ricardo Menéndez March from the Greens said the figures showed the need for the Government to offer a pathway to residency to many of those “falling through the cracks”.
“People without a visa need support. Most are active participants in our communities, have family here, and are also more vulnerable to exploitation,” he said.
“While the Greens have stopped countless families from being deported and their livelihoods destroyed, the Government should do its part.
“An amnesty programme for overstayers is not a novel idea - the New Zealand government offered a residency pathway for thousands of overstayers in the 1980s.
“The Greens have long called for an amnesty for overstayers, and better residency pathways for migrants. This is backed by many organisations such as the Pacific Leadership Forum and the Migrant Workers Association.”
Steve Watson, general manager of Immigration Compliance and Investigations, said the total estimate was a small proportion of the temporary migrants who come to New Zealand.
“Each year, New Zealand processes around one million visa applications and 1.6 million New Zealand Electronic Travel Authority requests and sees approximately 3.6 million arrivals from non-New Zealand citizens each year.
“While the vast majority of people comply with their visa conditions and leave before the expiry of their visa, unfortunately some people do not leave and consequently remain in New Zealand unlawfully.”
The estimate will be updated annually to ensure transparency and improve public confidence in the immigration system.
Immigration NZ said it does a significant amount of work to educate migrants on their rights and obligations as visa holders in New Zealand.
“We have an early intervention process for clients who become unlawful, encouraging active engagement with INZ, including options of voluntarily departing New Zealand before they are deported. People who overstay their visa must understand that if they do not qualify for a further visa, they are expected to leave New Zealand, or face deportation. ”
In terms of ensuring compliance, over the past couple of years it has focused on addressing situations such as “criminal activity as the first priority, particularly those who pose a threat to national security”.
“We have improved our productivity significantly in the compliance space over the last two years and this has seen our deportation numbers increase in recent years. Our operational focus is to ensure those who are of greatest risk to New Zealand, are deported.
“When Immigration Compliance staff locate someone who has overstayed their visa, they assess all available options including alternative visa pathways. Where possible individuals are encouraged to leave New Zealand voluntarily if they do not qualify for a new visa.”
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