COMMENTARY: The resignation of Immigration Minister Michael Wood has left the Tongan community in New Zealand uncertain about the future of a long looked-for amnesty for overstayers.

Immigration Minister Michael Wood this week confirmed he had sent a letter of expectations to the agency’s chief executive “setting out the Government’s expectation that these sorts of deportations should only occur in extremis – in circumstances that absolutely require it”. Photo/Supplied

Wood said during a meeting with the Tongan community in South Auckland last month  that the government was considering an amnesty, but he could not say when a decision would be made.

But with an election looming, now advocates of an amnesty do not know what will happen.

Pacific community leaders and migrant groups and NGOs have long been advocating for an amnesty.

The Green Party has long called for an amnesty programme for people who have overstayed their visa and for temporary visa holders to be granted residency.

New Zealand has not had an amnesty scheme in place since 2000, when 7000 people were able to apply for residency if they were “well-settled.” There are currently an estimated 14,000 overstayers in New Zealand.

Overstayers from the Pacific Islanders were particularly vulnerable during the Covid-19 epidemic and many RSE workers were trapped for a long time.

In 2020 the Pacific Leadership Forum identified families of overstayers as being vulnerable during the COVID-19 lockdown. They petitioned Parliament for an amnesty so that overstayers could receive the full range of support from the government.

 “Let us show sympathy and compassion to our most vulnerable, our overstayers,” the petition said.

The petition attracted 11,119 signatures and the Petitions Committee recommended that Parliament take note of it. In February this year – three after the petition was submitted –  Prime Minister Chris Hipkins said he would look at it.

Tongan community representative Pakilau Manase Lua told RNZ recently some Tongans still had nothing to go home to after the volcanic eruption which devastated their country last year.

He said people were terrified they would be deported.

“They might have been here during the lockdowns and they couldn’t go back,” Lua told the national broadcaster.

“Or they were here on a temporary visa and it was difficult to go back due to the eruption so these people are probably wanting to find a better life, and what better place than Aotearoa New Zealand.”

“These are people who are often already working,” Lua said.

Overstayers were contributing to the economy, but were not eligible for benefits, he said.

Action needed

There are only three months left until the national election in October and there have been no further announcements about the amnesty. Some people believe that the government is unlikely to offer an amnesty, as it would be unpopular with many New Zealanders.

Some Tongan community leaders have said the government should offer a limited amnesty, similar to the one that was offered in 2000 which allowed well-settled overstayers of about 7000 to apply for residency.

A group of Irish officials who visited New Zealand earlier this year said their country had initiated a programme to allow illegal migrants to gain full legal status.

The Herald reported that the amnesty scheme was available to adults who had lived in Ireland for four years and three years for children. Asylum seekers could apply after two years.

Why cannot we have something like this here?

About 2500 Tongan overstayers have been living in New Zealand for many years and have made a valuable contribution to the country. These are the blue collar workers who do work New Zealand is inviting many Pacific island people to come and do.

These overstayers are worried about their future and the future of their families. They deserve to know what the future holds. The government needs to provide clarity so that people can plan for their lives.

For more information

Govt ‘actively considering’ amnesty for migrant overstayers – Immigration Minister Michael Wood confirms

Petition of Makahokovalu Pailate for Pacific Leadership Forum: Provide pathways for overstayers to gain permanent residency in NZ on compassion

New Zealand PM to look into Pacific overstayer petition