New Portuguese immigration laws could be model for regularising overstayers in NZ

Overstayers in New Zealand face deportation, bans on returning and legal struggles to fight deportation orders.

But one European country has introduced new laws on illegal migrants that could prove a model for New Zealand.

This would be good news for Tongans, who have traditionally made up the largest group of overstayers.

Laws recently introduced in Portugal are designed to regularise the status of illegal migrants more sympathetically.

Under new rules recently introduced in Portugal, illegal immigrants who have worked in the country for more than a year and paid taxes for the past 12 months may obtain a residence permit for humanitarian reasons.

The new residency permit will be for two years and will help applicants to apply for legal residence in Portugal and act will help the country having more documented immigrants instead of illegal.

The Portuguese programme has been described as a more human approach to regulating immigration and helping the employment market.

The New Zealand government describes overstayers as people whose visas have expired, who have not taken up citizenship, have no other visa, and have exhausted basic rights for a visa extension or different visa.

The latest statistics on overstayers in New Zealand showed 2498 Tongan overstayers.

Unless there are special circumstances that justify issuing a visa, they are expected to leave New Zealand, or face deportation. If a person is deported they face a ban of up to five years from applying to come to New Zealand again.

Immigration New Zealand said overstayers could end up being exploited by unscrupulous employers and create significant financial stress for families attempting to house and support them.

Many of these people had little or no access to social welfare, justice or medical care. Simply  going to a public hospital could mean a risk of being deported, as could applying for a driver’s licence, or going to court.

In the 1960s and early 1970s some Fijians, Tongans and Western Samoans arrived under a quota system, but many had only temporary visas and simply stayed on. This was ignored by the New Zealand government when the demand for labour was high.

When this diminished, overstayers were tracked down and detained, often during the controversial dawn raids, and deported.

The main points

  • Overstayers in New Zealand face deportation, bans on returning and legal struggles to fight deportation orders.
  • But one European country has introduced new laws on illegal migrants that could prove a model for New Zealand.

For more information

Portugal implements new immigration law

Overstayers

https://www.immigration.govt.nz/documents/statistics/immigration-new-zealand-overstayers-factsheet.pdf

Recognised Seasonal employees arrivals

https://www.immigration.govt.nz/documents/statistics/statistics-rse-arrivals.pdf

Overstayers estimated at almost 11,000, of whom 2100 were deported last year

https://www.stuff.co.nz/national/98349601/overstayers-estimated-at-almost-11000-of-whom-2100-were-deported-last-year

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