Policy verified from immigration.govt.nz as of 2026-04-13
If you stay in New Zealand after your visa has expired, you are unlawfully present and liable for deportation. Immigration New Zealand may issue a Deportation Liability Notice. You have the right to appeal to the Immigration and Protection Tribunal within 28 or 42 days depending on the reason for deportation liability — these are strict deadlines that cannot be extended.
Source: immigration.govt.nz — 2026-04-13
Understanding Deportation in New Zealand
If you stay in New Zealand after your visa expires, you are here unlawfully. Immigration New Zealand may issue a Deportation Liability Notice (DLN). Being liable for deportation is serious — you could be detained or banned from returning for many years.
However, the law allows you to fight this. Depending on your situation, you can ask the Immigration and Protection Tribunal (IPT) to let you stay.
The Immigration and Protection Tribunal
The IPT is an independent judicial body — it does not work for Immigration New Zealand. Its role is to review whether INZ's decision was fair. Key facts:
- Anyone can appeal, regardless of visa status
- The IPT can overrule INZ and grant you a visa to stay
- Most 2026 appeals are decided "on the papers" — your written submission must be comprehensive
Strict Deadlines
You must act fast. Missing the deadline means the IPT cannot help you.
- Visa expired (unlawful status): 42 days from expiry
- Deportation Liability Notice received: 28 days from receipt
- Visa granted in error: 28 days from notice
- Character or criminal issues: 28 days from notice
Grounds for Appeal
To succeed, we must prove one of two things:
- Factual error: INZ made a mistake — for example, they believe you broke a visa rule when you actually followed it
- Humanitarian grounds: Deportation would be unduly harsh or unjust — for example, if you have children who are New Zealand citizens or a serious medical need
If successful, the IPT can cancel your deportation or grant a stay of up to 5 years.
How ProVisas Helps
- We find the strongest humanitarian or factual grounds for your case
- We gather all necessary documents and supporting evidence
- We write professional legal submissions for the IPT
- Fixed fees: NZ$3,000-$5,500 plus GST — disclosed before we start
- Honest advice: We tell you clearly if your case is strong or weak
- Constant updates: Appeals currently take 8-10 months — we keep you informed throughout
Frequently Asked Questions
You have 28 days from receiving a Deportation Liability Notice to file an appeal with the Immigration and Protection Tribunal. This is a strict deadline — the IPT cannot accept late applications.
The IPT is an independent judicial body separate from Immigration New Zealand. It can review and overturn INZ decisions regarding deportation, visa declines, and refugee status.
You can appeal on factual grounds (INZ made a mistake) or humanitarian grounds (deportation would be unduly harsh for you and your family — for example, if you have NZ citizen children or serious medical needs).
Humanitarian deportation appeals currently take approximately 8-10 months. During this time, you may be eligible for electronic monitoring instead of detention.
ProVisas typical fees for deportation appeals range from NZ$3,000-$5,500 plus GST. The IPT filing fee is additional. We provide a fixed-fee quote before starting.
In most cases, yes. Recent laws allow for electronic monitoring (GPS) instead of detention while your case is being decided. ProVisas can help you apply for this arrangement.
