New Zealand is a beautiful country that attracts many visitors every year. However, it is important to understand the immigration laws of the country before planning a visit. This blog post provides a comprehensive guide to understand what it means to be unlawfully present in New Zealand as a non-citizen.
What Is Unlawful Presence in New Zealand?
According to Section 9(1) of the Immigration Act 2009, a person who is not a New Zealand citizen is considered unlawfully present in the country if they are in New Zealand but do not have a valid visa or have not been granted entry permission under the Act.
How Is Unlawful Presence Calculated?
The period of a person’s unlawful presence in New Zealand is calculated based on the following criteria:
- If the person has never been lawfully in New Zealand since their arrival, their unlawful presence starts on the date they arrived in the country.
- If the person’s visa expired or was cancelled without another visa being granted, their unlawful presence starts from the day after the expiry or cancellation date.
- If the person had a permit under the former Act that expired or was revoked without another permit being granted, their unlawful presence starts from the day after the expiry or revocation date.
- If the person was born in New Zealand on or after 1 January 2006 and is not a New Zealand citizen, their unlawful presence is calculated in accordance with Sections 373 and 374 of the Immigration Act 2009.
Consequences of Unlawful Presence
Being unlawfully present in New Zealand can have severe consequences, such as deportation, fines, and a ban on re-entering the country. The length of the ban will depend on the duration of the person’s unlawful presence in New Zealand.
How to Avoid Unlawful Presence
To avoid being unlawfully present in New Zealand, non-citizens must ensure that they have a valid visa or have been granted entry permission under the Immigration Act 2009. It is also essential to comply with the conditions of the visa or entry permission.
Conclusion
Understanding what it means to be unlawfully present in New Zealand as a non-citizen is crucial to avoid facing severe consequences. It is recommended to consult with a qualified immigration lawyer to ensure compliance with the immigration laws of the country. By following the guidelines provided by the Immigration Act 2009, non-citizens can enjoy their stay in New Zealand without any legal issues.
If you need more information, book a consultation with us.