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Home / New Zealand

Govt ‘actively considering’ amnesty for migrant overstayers - Immigration Minister Michael Wood confirms

Michael  Neilson
By Michael Neilson
Senior political reporter, NZ Herald·NZ Herald·
29 Mar, 2023 04:54 AM5 mins to read

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Immigration Minister Michael Wood has confirmed the Government is “actively considering” the issue of granting amnesties for migrant overstayers - something Pacific community leaders and migrant groups have long been advocating for.

It follows a similar scheme launched in Ireland, where there are about 17,000 undocumented migrants. Immigration NZ estimates there are about 14,000 in New Zealand.

New Zealand has not had an amnesty scheme in place since 2000, when “well-settled” overstayers at the time were able to apply for a pathway to residency, covering about 7000 people.

Pacific leaders have long petitioned the Government over such a scheme, which gained momentum after former Prime Minister Jacinda Ardern delivered a formal apology in 2021 to those impacted by the Dawn Raids in the 1970s when officials racially targeted Pacific overstayers.

The Green Party has been advocating for such a scheme and this year there were further calls for an amnesty for overstayers in cyclone-affected regions, many of whom would have arrived from the Pacific under the recognised seasonal employer (RSE) scheme and ended up overstaying their visas.

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Advocates say overstayers have been particularly vulnerable throughout the pandemic and unable to seek assistance.

Officials today confirmed advice had been prepared for the minister on the matter, but he had not yet taken it to Cabinet.

It comes as the Government also published updated figures relating to the special Cyclone Recovery Visa, with 161 people having arrived in the country so far and another 441 with visas approved but yet to arrive here.

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Speaking before a Parliamentary committee this morning, Wood was asked by National immigration spokeswoman Erica Stanford if the Government was looking at granting amnesties for migrant overstayers.

She referred to a recent visit by Irish officials, who spoke of their experience launching a scheme to allow undocumented migrants residing in the country to gain full legal status.

The amnesty scheme is available to adults who have lived in Ireland for four years and three years for children. This timeframe is reduced to two years for asylum seekers.

Wood confirmed he had received advice on a similar type of amnesty for undocumented migrants, along with various schemes New Zealand had introduced in the past, but had not yet taken a paper to Cabinet.

“We are actively considering the issue and it’s something I’ve been talking about with colleagues.”

He said he had spoken to ministers about it, including the Minister for Pacific Peoples

Wood said he could not give any timeframe for a decision.

The Green Party has long been calling for an amnesty programme for people who’ve overstayed their visa and for temporary visa holders to be granted residency.

Green Party immigration spokesman Ricardo Menendez March asked Wood about comments previously from the Government that an amnesty could see an increase in overstayers, but for which they were unable to provide evidence.

Wood said there was a “lot to weigh up on this issue”.

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“There’s no doubt there are people who have overstayed in New Zealand, sometimes second or third generation, who experience significant levels of social exclusion because of their illegal status - that’s the primary cause for... considering this issue.

“You do potentially create some incentive, it’s just common sense... people do think that if there is a prospect of an amnesty that might change some of their behaviours.

“So the nature of these immigration system decisions, often are complex... and that’s why we’re taking our time.”

Stanford asked about how some people struggling to get residency might feel hearing the Government was considering an amnesty for overstayers.

He said there was no specific proposal on the matter and rejected the claim the Government had been slack around granting residencies, with more than 140,000 processed in the past year.

Prime Minister Chris Hipkins this year confirmed to RNZ Pacific the issue would be looked into.

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He was asked about why there had not yet been a Government response to a petition from Pacific communities, with more than 11,000 signatures in 2020, that called for pathways to residency to be established for overstayers under compassionate grounds.

“I want to make sure we have a country in New Zealand where Pacific people are respected, they have a place and where we can continue to maintain a really strong relationship with their home countries,” Hipkins told RNZ Pacific.

The Government has previously said an amnesty for overstayers would be a “considerable undertaking” and require legislative change.

In 2000, the Government introduced an amnesty scheme for “well-settled” overstayers, defined as people who have been living in New Zealand for five years or more, have New Zealand-born children and are married or in a de facto relationship of at least two years to a New Zealand citizen or resident.

That policy was expected to cover a third of the 21,000 undocumented migrants estimated to be in the country at the time.

Meanwhile, figures released today show the special visa to help bring in additional migrant workers to support cyclone and flooding recovery had attracted more than 600 successful applicants within its first month.

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Another 287 visas were being processed and 75 had been declined or withdrawn. Immigration NZ was fast-tracking applications and the average processing time was four days.

Of those approved 161 had arrived in New Zealand.

The most common occupation was labourer with 253, followed by cleaners with 108 applicants, and carpenters with 42.

Prior to the visa being created, 66 weather-related special purpose visas were granted and of those 55 people had arrived.



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