- Q. How can people get advice about the October 2000 Transitional Policy?
A. By phoning 0800 731-731 outside the Auckland calling area
OR 09 300-5855 within the Auckland calling area.
Each application form sent out will contain an information leaflet with details of the Transitional Policy qualifying criteria. The information leaflet and application form are available on the NZ Immigration Service website (www.immigration.govt.nz).
- Q. How do people get application forms?
A. Application Forms and information leaflets are available on request by phoning 0800 731-731 outside the Auckland calling area OR 09 300-5855 within the Auckland calling area, or from the NZIS website: www.immigration.govt.nz .
- Q. How do people lodge their applications under the Transitional Policy?
A. Completed applications should be posted to:
October 2000 Transitional Policy Processing Unit, Box 76516, Manukau City.
- Q. How quickly must an overstayer lodge an application?
A. THERE IS NO NEED TO RUSH. THIS IS NOT A 'QUOTA' SYSTEM. People may lodge their applications for a temporary permit between 1 October 2000 and 30 March 2001. (People will be able to apply if they meet the five year qualifying period during the six month application window.)
- Q. What do applicants have to supply to complete an application?
A. For an application to be accepted, applicants must include:
- their completed application form
- evidence to prove they qualify for the Transitional Policy
- two passport-sized photographs
- their Passport
- their Birth Certificate
- Police Certificates
- the fee of NZ$500 (Bank Cheque preferred)
- Q. What evidence do people have to supply to prove that they have been in a genuine and stable marriage or de facto relationship?
A. Some examples of evidence which could be supplied are:
- joint mortgage
- proof of joint assets
- proof of shared income
- postmarked correspondence addressed to the couple
- documents indicating public recognition of the marriage or relationship
- Q. How many overstayers are there in New Zealand?
A. Approximately 20,700. (See attached table.) This figure is based on a sample of 1800 records checked last July.
- Q. What are the nationalities of the main groups of overstayers?
A. See attached table.
- Q. Is there any idea of how many people might apply under the Transitional Policy?
A. Current estimates, based on the number of people calculated to have been here for five years or longer, are that around 6,000 people might apply.
- Q. Will there be an application fee?
A. Yes. There will be a fee of NZ$500 to cover both the application for a Temporary Permit and the Residence Permit at the end of two years. (Dependant children of successful applicants for the Temporary Permit will be issued a Student Permit to attend primary or secondary school rather than a Work Permit.)
- Q. Will successful applicants be entitled to welfare payments?
A. No. Under normal Temporary Entry Policy, Temporary Permit holders are not entitled to welfare payments.
- Q. Will people who are in New Zealand lawfully on long-term Work Permits be eligible to apply?
A. Yes.
- Q. Will people who successfully apply for a temporary permit under the Transitional Policy be entitled to travel to and from Australia in the same way New Zealand citizens do?
A. No. Only New Zealand citizens are entitled to the privileges of the Trans-Tasman Travel Agreement. A person in New Zealand on a Temporary Permit has to apply to the Australian authorities for a visa to enter Australia.
- Q. Will people who have been granted a Work Permit be able to leave New Zealand during the two-year Probationary Period?
A. Yes. Applicants will be able to leave New Zealand for a maximum of 90 days during the two-year Probationary Period.
- Q. Will offshore relatives be allowed to join those applying for residence under the Transitional Policy during the two year Probationary Period?
A. The Transitional Policy applies to those long-term and well-settled overstayers who are in New Zealand on 18 September 2000. Relatives living offshore who wish to visit applicants will have to apply to enter New Zealand under normal Temporary Entry Policy.
At the end of the two year Probationary Period, provided an applicant has been granted residence, relatives offshore may be eligible to apply for residence under the normal Family Policy.
- Q. Will people have to lodge a separate application for residence at the end of the two year Probationary Period?
A. Yes. But there will be no additional fee.
- Q. What happens to a long-term overstayer who does not meet any of the requirements for the Transitional Policy ?
A. The person will be subject to normal removal procedures. They are required to leave New Zealand immediately or be removed by the Immigration Service. Anyone removed from New Zealand is not permitted to return for five years.
- Q. Will people who fail to qualify for the Temporary Permit have any right of appeal against that decision?
A. No.
- Q. Will people who fail to qualify for residence at the end of the two-year Probationary Period have any right of appeal?
A. Yes. They will be able to apply to the Residence Appeal Authority (RAA).
- Q. What happens to overstayers whose applications for the Transitional Policy are declined and whose appeal rights have been exhausted?
A. The person will be subject to normal removal procedures. They are required to leave New Zealand immediately or be removed by the Immigration Service. Anyone removed from New Zealand is not permitted to return for five years.
- Q. Will the overstayers who meet the Transitional Policy requirements be counted against the Immigration Target?
A. Yes.
- Q. What is the Immigration Target for the 2000/2001 Financial Year?
A. The Immigration Target is 38,000 people.
- Q. Can refugee status claimants or failed refugee status claimants apply for residence under the Transitional Policy?
A. No. The Refugee Status Claim process is well-established and distinct from immigration residence policy.
- Q. Will people in New Zealand unlawfully continue to be removed from New Zealand during the six month Transitional Policy period?
A. Between 1 October 2000 and 30 March 2001, the following groups will in general be subject to immediate removal:
- any person unlawfully in NZ who arrived on or after 1 October 1999
- any person whose application for refugee status has been declined by either the Refugee Status Branch of the NZIS, or the Refugee Status Appeals Authority, or the interdepartmental Committee on Refugees
- any person who has been served with a deportation order or for whom the deportation order process in underway
- any persons whose application under the Transitional Policy has been declined.
- Q. How long will a person have to leave New Zealand if their application is declined?
A. If they are in New Zealand unlawfully (that is, they are required to have a permit to be here but do not have one or have overstayed their permit), they must leave New Zealand immediately or will be removed by the Immigration Service. Anyone removed from New Zealand is not permitted to return for five years.
- Q. What about people who are not eligible under the Transitional Policy?
A. People will be able to obtain advice on their eligibility through the Call Centre. Persons unlawfully in New Zealand who are ineligible under the Transitional Policy or under normal policy will be required to leave New Zealand immediately or will be removed by the Immigration Service. Anyone removed from New Zealand is not permitted to return for five years.
- Q. What happens with overstayers after 30 March 2001?
A. All persons in New Zealand unlawfully who do not have a current lodged application under the Transitional Policy or a current lodged claim for refugee status will be subject to normal removal procedures.
- Q. What about Sanctuary Days?
A. In conjunction with community representatives, there will be a review of the pilot programme at the end of September. People will continue to have the opportunity to obtain impartial advice on their case, without fear of being removed, at a Sanctuary Day.
Application forms and further information are available by dialling the following numbers:
