You’re a migrant worker in New Zealand and you’ve heard about section-61. What is it? Will you be deported if the police catch you without your visa?
The truth is, no one really knows what section-61 of the Immigration Act means for migrant workers. Police have been using it to deport people who don’t have their visas on them, but no one knows exactly what will happen if you get caught.
Come to our information session and we’ll answer all your questions about section-61 and how it could affect you. We’ll also provide legal advice so that you know your rights if the police do catch you without your visa.
What is section - 61?
Section – 61 of the Immigration Act is a section of the law that gives police the power to stop, question and search anyone they suspect of being an undocumented migrant. If you’re caught without your visa, you could be deported.
The problem is, no one knows exactly what the police can and can’t do under this section. There have been reports of people being stopped and questioned for no reason, and of people being deported even though they had their visas with them.
This uncertainty is especially hard for migrant workers, who are already living in a precarious situation. Many migrants work long hours for little pay, and are afraid to speak up or assert their rights in case they lose their job or get deported.
What happens if you overstay in New Zealand?
If you overstay your visa, you could be deported and barred from returning to New Zealand for up to five years. You may also have to pay a fine of up to $5000.
What can you do if you're stopped by the police?
If you’re stopped by the police, you have the right to remain silent. You don’t have to answer any questions about your immigration status, and you can ask to speak to a lawyer.
You should carry your passport or other travel documents with you at all times so that you can prove your identity and immigration status if necessary. If you don’t have your documents with you, the police may detain you until they can verify your status.
If you’re detained, you have the right to make a phone call. You should call a lawyer or a friend or family member who can help you.
What should you do if you're deported?
If you’re deported, you should get in touch with a lawyer or an immigration adviser as soon as possible. They may be able to help you appeal the decision or apply for another visa.
You should also contact your embassy or consulate. They may be able to offer assistance and support, and put you in touch with other organisations that can help.
Deportation can be a stressful and frightening experience, but there are people who can help you through it. Seek out advice and support as soon as possible so that you can start putting your life back together.
If you have any questions about your rights or are worried about being deported, come to our information session. We’ll provide advice and support so that you know your rights and what to do if the police stop you.
Can you get a visa after overstaying?
If you’ve been deported for overstaying your visa, you may be able to apply for another visa. However, this is not guaranteed and it can be difficult to get a visa after being deported.
It’s important to seek professional help before applying for a new visa, as there are strict requirements and deadlines that must be met. An immigration adviser or lawyer can help you with your application and increase your chances of success.
Can I leave NZ while my visa is being processed?
If you want to leave New Zealand while your visa is being processed, you can apply for a ‘variation of travel conditions’. This will allow you to leave and return while your application is being processed.
However, it’s important to note that if your application is refused, you will not be able to return to New Zealand.
How do immigration know if you overstay your visa?
Immigration New Zealand (INZ) has a number of ways of finding out if someone has overstayed their visa. This includes:
- Checking travel records when people leave the country
- Checking Employer Compliance records
- Getting information from other government agencies
- Carrying out random checks
Can an overstay be forgiven?
There is no guarantee that an overstay will be forgiven, even if it is your first offence. INZ will look at each case individually and decide what action to take based on the circumstances.
However, if you have overstayed your visa by a short period of time and can show that you have made efforts to comply. with your visa conditions, you may be able to apply for another visa in the future.
If you have any questions about your rights or are worried about being deported, come to our information session over a consultation. We’ll provide advice and support.
Can an overstayer apply for a spouse visa?
Yes, you can apply for a spouse visa if you have overstayed your visa. However, INZ may view your application differently because you have overstayed your visa in the past. You will need to provide a convincing reason why your application should be approved, even though you have overstayed your visa in the past.
Hidden facts behind Section 61 INZ
There are some hidden facts behind Section 61 INZ that you may not be aware of. For example, did you know that:
- You can be detained even if you have a valid visa
- You can be detained even if you haven’t done anything wrong
- The police don’t need a warrant to detain you
- You can be held in detention for an indefinite period of time
If you are worried about being detained or deported, it’s important to seek professional help as soon as possible. An immigration adviser or lawyer can help you understand your rights and what options are available to you.
NZ Migration Help is a licensed immigration adviser and not a lawyer - We can still help you with Section-61
If you need help with Section-61, our team at NZ Migration Help can still assist you. We are a licensed immigration adviser and can provide you with information, support, and advice.
We understand that the process can be confusing and stressful, so we’ll make it as easy as possible for you. We’ll guide you through the process step-by-step and help you understand your options.
If you’re interested in finding out more, please contact us today to book a consultation.