The Immigration Fiscal Sustainability and System Integrity Amendment Bill was signed into law on 27 November 2025. This Bill makes 10 amendments to the existing Immigration Act 2009. Those changes will come into force over the coming months.
Deportation for Residence Class Visa Holders
One of the major amendments in this Bill is changes to how criminal charges and convictions are handled by Immigration New Zealand and Compliance.
Currently, under section 161 of the Immigration Act 2009, residence class visa holders can be deported only if they are convicted of a crime. The conviction triggers deportation liability. So, being charged, or discharged without conviction, means that resident visa holders can avoid deportation.
What will the new changes to deportation do?
The amended changes will clarify that deportation action can commence as a consequence of criminal offending. So, even if you are not formally convicted, deportation action can be triggered. Pleading guilty, being found guilty, being convicted, and even if you are discharged without conviction, can result in deportation. However, we have an excellent record of assisting with humanitarian appeals and requests to suspend deportation liability (depending on the offence/s) in those circumstances. We have done over 80 successful IPT humanitarian appeals in recent years.
It also becomes even more important for residents to get legal advice on how pleading guilty or being convicted may affect their immigration status. Contact us for expert advice in these circumstances.
In our experience, duty solicitor training and focus on the immigration implications of a guilty plea, for non-residents and those in their first 5-10 years of residence, is inadequate. This law change will exacerbate that problem. Our advice has long been that where there may be immigration implications, do not enter a rushed guilty plea.
The Bill was passed into law on 27 November 2025. Changes to deportation will be enforced 6 months from that date, which is 27 May 2026. These changes will make it harder for resident holders to keep their visa if they are charged with a crime.
Other Changes
On the other hand, we welcome making job selling a standalone offence. This change will make it illegal to buy or sell jobs, whether or not the migrant has started work in New Zealand. Job selling and other forms of exploitation and dishonesty are still widespread in the immigration system. So, this is a welcome change, and we will wait to see how this will be enforced.
The Amendment Act will also require a warrant for after hours at-home Compliance visits, addressing “dawn raids” concerns.
Please contact Richard Small and our supportive team for further information and assistance with any residence and/or deportation matters.