A proposed law change in New Zealand could significantly increase the risk of deportation for migrants living on resident visas, even for less serious offences.
The Immigration (Enhanced Risk Management) Amendment Bill has been introduced to Parliament, passed its first reading, and is being progressed by Immigration Minister and National MP Erica Stanford.
The legislation states that its purpose is to improve the management of immigration risks while maintaining a balance between the national interest and the rights of individuals.
At its core, the bill extends the length of time a resident can be deported after committing a crime.
If a resident leaves New Zealand for five years or more, their deportation liability period will reset on return, effectively treating them as if they have just been granted residency again.
Liability Period
In New Zealand, the liability period refers to the length of time a resident or permanent resident can still be deported after their visa is granted.
For Permanent Resident Visa holders, that period is generally up to 10 years from the date they first obtained a residence‑class visa.
While a permanent resident can live in New Zealand indefinitely, they remain liable for deportation during that period if they are convicted of serious criminal offences.
These include crimes that carry a potential prison sentence of five years or more, or offences involving the exploitation of unlawful workers.
The liability period does not start from the date a Permanent Resident Visa is issued, but from the date the person was first granted residence.
Liability can also arise if Immigration New Zealand later finds that residence was obtained through fraud or error.
Once a person becomes a New Zealand citizen, they are no longer subject to deportation under the liability rules, unless citizenship itself was obtained dishonestly.
Extended Liability Period
The proposed changes to immigration law signalled that the liability period for criminal offending could be extended in future, potentially increasing it beyond the current 10‑year limit.
“For offences subject to imprisonment of at least three months, the period of liability lengthens from two to five years. For offences punishable by two-plus years imprisonment, the liability period changes from five years to 10. For offences culpable for five-plus years, the liability period changes from 10years to 15; and for offending punishable by at least 10 years’ prison, it changes from 10 years to 20,” RNZ reported.
It says the bill would clarify “the range of false and misleading submissions that can make a person liable for deportation; and that historic crimes that were committed outside New Zealand can give rise to deportation liability; and how administrative errors can give rise to deportation liability.”
Under the proposal, people who commit criminal offences while in New Zealand on visitor or temporary visas, as well as those unlawfully in the country, would lose the right to challenge deportation on humanitarian grounds.
What this means in real terms is that Tongans who have lived in New Zealand for many years are no longer “in the clear” as quickly as before.
A mistake made years after gaining residency could still lead to deportation back to Tonga.
The law also tightens scrutiny around honesty in immigration applications.
Providing false or incomplete information—even by leaving out important details—can now lead to deportation.
Past criminal convictions overseas, even before arriving in New Zealand, may also be used as grounds.
Government agencies will be allowed to share more information to verify a person’s identity, background, and eligibility for services. This increases the ability of authorities to detect inconsistencies or undisclosed issues.
For Tongans in New Zealand, the message is clear: the window of deportation risk is getting much longer, the rules are tighter, and even smaller offences or past mistakes can now carry more serious immigration consequences.
