Immigration Amendment Act (No. 2)

Policy effect

The Immigration Amendment Act (No. 2) expanded deportation liability for residence class visa holders convicted of migrant exploitation or who provided fraudulent information, and modified visa cancellation procedures upon deportation liability.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… , that person is not, or is no longer, subject to a period of prohibition on entry. Sponsorship - Act now allows sponsorship for up to 10 years. No current change as conditions are still set in instructions at 5 years. Cancellation of visas – a new section 64(1)(ab) now provides that if a person holds a visa, this is cancelled on the day after the first date a deportation order may be served. The person must be advised of this in their deportation order. If a new visa is issued to a person whose visa has been cancelled, this does not affect their deportation liability. Compliance officers are … responsible for cancelling the visa in AMS on the applicable date. Deportation Liability - Section 158 states that a residence class visa holder is liable for deportation where it is established that any of the information provided in relation to their application for a residence class visa, entry permission, or any previous visa that led to residence was fraudulent, forged, false, or misleading, or any relevant information was concealed. Liability arises whether or not it was the visa holder who provided the information. Staff should continue to process residence class visa applications as per normal including the usual character process. A case only needs to be referred to Resolutions where it is identified after the grant of a visa that there was fraud etc. Suspension of visa processing - section 169 has been amended to clarify that the suspension of visa processing while liable for deportation does not apply to applications referred back by IPT for further consideration. Migrant Exploitation - section 161 now states that a residence class visa holder is liable for deportation where convicted of an offence against section 350(1)(a) (knowingly employing a person who is not entitled …

Review method

Two separate automated exact-claim source reviews

Other New Zealand changes operative in 2015

• 2015-03-27Standardized Definitions for Essential Skills Labour Market Test and Skill Level 5 Rule
• 2015-08-06A designated person must not enter New Zealand or transit through New Zealand.
• 2015-11-01Entrepreneur Work Visa regional bonus increased from 20 to 40 points
• 2015-11-01Skilled Migrant Category Bonus Points Increase for Regional Employment Outside Auckland
• 2015-11-03Character exception for qualifying Filipino dairy workers with earlier false visa evidence
• 2015-12-07Joint declaration permitted as partnership evidence for a partner included in a visitor visa application
• 2015-12-07Pathway Student Visa pilot launched for consecutive study programmes
• 2015-12-07Recognised Seasonal Employers required to provide access to lawful remittance services
• 2015-12-07Refugee Family Support Category sponsorship extended to qualifying Afghan interpreters and accompanying family
• 2015-12-07Student visa provision for multiple short-term English language programmes
• 2015-12-20Korea Working Holiday Scheme annual places increased from 1,800 to 3,000
• 2015-12-20Korea Working Holiday Scheme three-month limit with one employer removed
• 2015-12-20Republic of Korea added to the Primary Sector Trainees route with 50 places
• 2015-12-20Special work route introduced for qualifying Korean citizens in specified occupations