Tongan and other Pacific overstayers could be given two years to apply to legalise their status in New Zealand under a special Pacific clemency proposed by New Zealand First, while people caught overstaying after the deadline could face deportation and a permanent ban on obtaining another New Zealand visa.
The contrasting measures are part of sweeping immigration reforms announced by NZ First on Friday, including automatic deportation for people convicted of certain offences, doubling the qualifying period for citizenship and imposing a 10-year welfare stand-down on visa holders.
Under the proposal, Pacific overstayers would receive a 24-month clemency period allowing them to apply to remain legally in New Zealand on a valid visa.
“In recognition of our commitment to our enduring Pacific relations, we will allow for a 24-month clemency period to facilitate any Pacific overstayer to apply to remain in the country legally on a valid visa,” NZ First said.
“This will apply only to overstayers of Pacific origin.”
The provision could be particularly significant for Tongans living in New Zealand, including families affected by insecure immigration status.
However, NZ First is proposing much harsher consequences once the clemency period expires.
It said any overstayer found after the 24-month period had ended would be deported and permanently ineligible to apply for any New Zealand visa in the future.
For non-Pacific overstayers, the party proposes a 24-month amnesty to leave New Zealand voluntarily without restrictions being placed on future applications to return.
Automatic deportation proposed
NZ First also wants to significantly broaden the grounds on which migrants can become liable for deportation.
The party said deportation liability would be extended to any offence for which imprisonment is an available sentence.
It also proposes automatic deportation for people found guilty of violent or sexual offences, fraud, participation in an organised criminal group, money laundering, aiding and abetting under the Immigration Act, or migrant exploitation.
The announcement does not specify what appeal, review or other legal processes would apply before an automatic deportation was carried out.
The policies therefore represent potentially major changes for migrant communities, including Tongans who are not New Zealand citizens.
Citizenship wait doubled
NZ First also proposes doubling the qualifying period for New Zealand citizenship from the current five years to a minimum of 10 years.
The qualifying period for permanent residence would increase from two years to five years, while application fees for both permanent residence and citizenship would rise.
The party said New Zealand needed to place greater value on citizenship and treat it as a privilege carrying distinctive rights and identity.
NZ First has already announced policies to restrict voting and NZ Superannuation to citizens.
It now also wants to change citizenship at birth so that only children of New Zealand citizens would automatically be entitled to citizenship when born in New Zealand.
10-year welfare stand-down
Another major proposal is a 10-year welfare stand-down for all visa holders.
Under the policy, non-citizens would be ineligible for Jobseeker Support, Accommodation Supplement and other benefits during their first 10 years in New Zealand.
NZ First also proposes giving New Zealand citizens priority for social housing.
These measures could have significant consequences for migrant families who have been granted visas or residence but have not yet obtained citizenship.
Resident visas could be capped at 20,000
NZ First also wants a referendum on whether New Zealand should introduce a legislated annual cap of 20,000 resident visas.
Immigration levels would be linked to the country’s infrastructure capacity, with major population growth permitted only where necessary infrastructure already existed or was fully funded and scheduled.
A proposed 30-year Population Plan would coordinate immigration, housing and infrastructure planning.
NZ First said New Zealand had relied for too long on immigration to generate headline economic growth and provide cheap labour, resulting in greater pressure on housing, infrastructure and public services and increased competition for entry-level jobs.
“New Zealand’s immigration system must serve New Zealand and New Zealanders,” the party said.
International students targeted
International students would also face tougher restrictions.
NZ First proposes removing automatic work rights for student visa holders. International students wanting to work while studying would instead have to apply separately and meet stricter conditions designed to ensure jobs were not being taken from New Zealanders seeking employment.
Students intending to move from a student visa to another visa category would also have to leave New Zealand and apply from overseas.
The party says that if it becomes part of the next coalition government, it wants an NZ First MP to hold the Immigration portfolio to oversee the proposed reforms.
The proposals announced on September 11 are NZ First campaign policies, not current New Zealand immigration law. Their implementation would depend on the election outcome, subsequent government arrangements and the legislative changes required to put them into effect.
For New Zealand’s Tongan and wider Pacific communities, one of the most consequential elements is the two-year Pacific clemency: it could provide some overstayers with an opportunity to legalise their status, but those who remain unlawfully after the deadline could ultimately face deportation and permanent exclusion from New Zealand.
