October 2000 Transitional Immigration Policy 1/5

Last chance for well-settled overstayers

Media Statement

19 September 2000

The Minister of Immigration, Lianne Dalziel, said the Government has approved
a one-off measure offering long-term,  well-settled  overstayers the opportunity
to regularise their status in New Zealand before tough new immigration laws take
effect.

Lianne Dalziel said today Cabinet had approved transitional provisions for
well-settled overstayers to make their status in New Zealand lawful.

Overstayers will have from 1 October 2000 until 30 March 2001 to lodge an
application for a two-year work permit.

It is only after the two years that permanent residence can be sought. The
provisions will apply only to those considered to be  well-settled  in New
Zealand and who arrived before 1 October 1999.

It is expected that these provisions will affect between an estimated 5,700
and 7,700 overstayers who have been living in New Zealand continuously for five
years or more. People with well-established family links such as a New Zealand
spouse or New Zealand-born child will also be eligible to apply.

 We've estimated that to the end of July this year there were between 18,000
and 22,000 overstayers in New Zealand, but these provisions are likely to affect
only about a third of that number,  Lianne Dalziel said.

 This is a once-only opportunity for well-settled overstayers to regularise
their status ahead of tough, new immigration laws,  the Minister said.

 Those overstayers who do not qualify to regularise their status must face
the fact that they should not be in New Zealand, and they will have to leave
immediately or be removed, facing a five-year ban on re-entering New Zealand. 

She said the previous Government took only one-step towards resolving the
overstayer issue with its 1991 Transitional Policy but it was not accompanied by
a tougher removal regime. The Minister said, however, that the tougher removal
regime must be accompanied by a consideration of well-settled overstayers.

 It is the combination of the two policies that will be effective,  Lianne
Dalziel said.

Lianne Dalziel said the strengthened removal provisions of the Immigration
Act taking effect from 1 October, coupled with the development of further
procedures to tighten compliance, would make it much less likely that large
numbers of people could overstay in future.

 MPs, community and church leaders and employers who have expressed their
concern at the new removal procedures could now see that the Government had
listened to their concerns, but I believe they must carry some responsibility
for preventing a build-up of overstayer numbers in future,  she said.

 It would be unfair for well-settled people to be uprooted and tossed out of
New Zealand, especially when these people have lived in and contributed to their
local community for a number of years, have worked and paid taxes and have
children growing up as New Zealanders. 

 You have to ask whether people who are well-settled, tax-paying, law-abiding
people with strong family and community connections should in fact be sent
'home' when 'home' is really New Zealand,  Lianne Dalziel said.

Some people currently in New Zealand lawfully on long-term temporary permits,
but who would not qualify for residence under normal policy, will also be able
to take advantage of the Transitional Policy.  I know of some people who have
been here for five years with work permits being renewed every year or so. Those
people would also have an opportunity to apply under the new provisions.  This
does not apply to those on student permits.

People who are the immediate family members of overstayers and who were in
New Zealand on 18 September 2000 may also apply under the transitional
provisions. These family members are not required to have arrived before 1
October 1999.

 People who qualify under these transitional provisions will not be removed
in the meantime nor not any point while their application is being considered, 
she said.

Lianne Dalziel said overstayers would be given six months to apply for a
temporary permit.  There will be no need to rush into the nearest Immigration
Service branch, overwhelming staff there. Contact can be made initially through
the call-free numbers or the NZIS Website to obtain an application form and an
information pack. 

Call Free Numbers:
Auckland 300 5855, or outside Auckland
0800 731 731

Or visit the NZIS website on www.immigration.govt.nz