When you are unlawful, then a compliance officer can locate you and place a deportation order. Also, under section 313 of the Immigration Act 2009, the officer can arrest you. Or under section 316 of the Immigration Act 2009, the officer makes an application for a warrant of commitment. It means you will be taken to an airport to leave New Zealand asap.
Alternatively, your compliance officer may offer you to stay in NZ meeting all the below requirements, which is called “Residence and Reporting Requirements Agreement” based on Section 315 of the Immigration Act 2009.
Please see a form signed by one of our clients (Note: All private information have been redacted to protect our client’s privacy).
What is Residence and Reporting Requirements Agreement?
It means you will not be deported (temporary) and you would have an opportunity to apply for section 61. Immigration Trust has dealt with several clients who were in this situation and managed to have their section 61 to be successful.
You agree to residence and reporting requirements as below.
1. Rather than causing a person who is liable for arrest and detention to be arrested under section 313 of the Immigration Act 2009 or making an application for a warrant of commitment under section 316 of the Immigration Act 2009, an immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things:
reside at a specified place;
report to a specified place at specified periods or times in a specified manner;
provide a guarantor who is responsible for ensuring the person complies with any requirements agreed under this section; and reporting any failure by the person to comply with those requirements;
if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Immigration and Protection Tribunal (the Tribunal);
undertake any other action to facilitate the person’s deportation or departure from New Zealand.
2. A decision as to whether to offer or agree residence and reporting requirements is a matter for the absolute discretion of an immigration officer. 3. An immigration officer may at any time vary any residence or reporting requirements at the request or with the agreement of the person. 4. The agreement or variation of any residence or reporting requirements must be in writing and must:
list any requirements agreed under (a) or (c) above; and
include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 of the Immigration Act 2009 or arrested and detained under section 313 of the Immigration Act 2009.
5. An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under (a) above. 6. A person may be detained under section 312 of the Immigration Act 2009 or arrested and detained under section 313 of the Immigration Act 2009:
if an immigration officer determines that the person, without reasonable excuse, has failed to reside at the specified place; or has failed to comply with other agreed requirements; or
if an immigration officer ends an agreement under (e) above; or
in order to execute a deportation order or place the person on the first available craft leaving New Zealand.
7. An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009.
What should I do?
You must meet the requirements. It means staying where you are and emailing your compliance officer once a week. You need to engage someone like us to sort your situation out asap. As soon as we engage with you, we will directly communicate with your compliance officer so that a deportation order will not be placed on you and we will work with you to prepare and submit Section 61 request asap.