What happens if my visa has expired and I'm still in New Zealand?

General information from Lawmateanz

If your visa has expired and you haven't been granted a new one, you're unlawfully in New Zealand. You may be liable for deportation, and you generally can't work or study legally.

Getting advice quickly matters, because your options narrow over time. In some cases, you can ask Immigration New Zealand to grant a visa under section 61 of the Immigration Act 2009. It's entirely at Immigration New Zealand's discretion, and there's no right to one.

There are strict time limits to appeal to the Immigration and Protection Tribunal on humanitarian grounds, which start running from when your visa expired, so act straight away.

Leaving New Zealand voluntarily before you're deported may affect your ability to return less than being deported would.

Speak to a licensed immigration adviser or immigration lawyer as soon as possible. Some Community Law Centres can also help.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.