Visa Trouble or a Deportation Notice in Wellington? Know Your Deadline.
If Immigration New Zealand has declined your visa, served you with a deportation liability notice, or your visa has expired and you are now unlawfully in the country, the clock is already running. New Zealand immigration is national law, the same in Wellington as in Auckland or Christchurch, and the appeal deadlines to the Immigration and Protection Tribunal are strict: as little as 28 days from a deportation liability notice, and the Tribunal has no power to give you more time. You do not need to guess what to do next. Get free, plain-English information about how the Immigration Act 2009 applies to your situation, which deadline is ticking, and where to get free local help in Wellington. This is general legal information, not legal advice. Legal Hotline is not a law firm.
Free legal information. Not legal advice. Available 24/7 across Wellington.
Immigration Law in Wellington — what to do right now
First, find out exactly what you have been served with and the date on it, because that date starts your appeal clock. If you have a deportation liability notice, you generally have only 28 days to lodge a humanitarian appeal with the Immigration and Protection Tribunal. If your visa simply expired and you are now unlawfully in New Zealand, you generally have 42 days (six weeks) from when you became unlawful. The Tribunal cannot accept a late appeal and has no power to extend these deadlines, so do not wait. Do not leave the country before getting advice, because leaving while unlawful can trigger a re-entry ban. In Wellington, the Refugee and Immigration Legal Advice Service (RILAS) at Community Law Wellington (04 460 4461) offers free help, and only a lawyer or a licensed immigration adviser may legally give you immigration advice.
The law in Wellington: Immigration Law
New Zealand immigration is national law, not regional, so the same Act applies in Wellington as everywhere else in the country. The core statute is the Immigration Act 2009. It is administered by Immigration New Zealand (INZ), which is part of the Ministry of Business, Innovation and Employment (MBIE), and appeals are heard by the Immigration and Protection Tribunal, an independent body administered by the Ministry of Justice. There is no Wellington-specific immigration law; what changes locally is where you go for help and which court or office serves the region.Deportation liability is set out in sections 154 to 163 of the Immigration Act 2009. Section 154 makes a person who is unlawfully in New Zealand liable for deportation, which can happen the moment a visa expires. Other sections cover deportation liability for residents and for people whose circumstances change, for breaching visa conditions, for criminal offending, or where a visa was granted on false or misleading information. Being served with a "deportation liability notice" is the formal step that starts your right to appeal, and the date on that notice matters enormously.
Appeals go to the Immigration and Protection Tribunal, and the deadlines are unforgiving. If you are unlawfully in New Zealand (for example, your visa expired), you generally have 42 days from when your unlawful status began to appeal on humanitarian grounds. If you have been served with a deportation liability notice for another reason, you generally have only 28 days. When counting these days you include Saturdays and Sundays but exclude certain public holidays and the period from 25 December to 2 January. Critically, the Tribunal cannot accept late appeals and has no power to give you more time. Current waits for a decision once an appeal is lodged are commonly around 8 to 12 months.
A few recent national changes are worth knowing because they affect many Wellington applicants. From 10 March 2025 the median wage requirement for the Accredited Employer Work Visa (AEWV) was removed (employers must still pay at least the minimum wage and the market rate), and the work-experience requirement dropped from three years to two. The immigration median wage used for family and other settings rises to $35.00 per hour from 9 March 2026, lifting the income needed to sponsor a partner or dependent child. And from 29 September 2025 a new Parent Boost Visitor Visa lets parents of New Zealand citizens or residents stay for up to five years (and up to ten in total), though it is not a pathway to residence. Importantly, in New Zealand only a lawyer or a person licensed by the Immigration Advisers Authority may give immigration advice, so be wary of anyone else charging for it. Free information on how all of this applies to your case is one call away.
Key New Zealand Statutes
- Immigration Act 2009 - the national statute governing visas, residence, deportation and appeals
- Immigration Act 2009, s154 - liability for deportation if you are unlawfully in New Zealand
- Immigration Act 2009, ss154 to 163 - the full grounds on which a person can be liable for deportation
- Immigration (Visa, Entry Permission, and Related Matters) Regulations - visa categories, fees and conditions
- Immigration Advisers Licensing Act 2007 - only lawyers or licensed advisers may give immigration advice
Who Decides What
- Immigration New Zealand (INZ), part of MBIE - grants and declines visas and residence
- Immigration and Protection Tribunal - independent appeals on residence, deportation, refugee and protection claims
- Ministry of Justice - administers the Tribunal
- High Court of New Zealand - judicial review and appeals on points of law from the Tribunal
- Immigration Advisers Authority (IAA) - licenses and regulates immigration advisers
Deadlines That Cannot Be Missed
- Deportation liability notice: generally 28 days to appeal to the Tribunal on humanitarian grounds
- Unlawful in New Zealand (visa expired): generally 42 days (six weeks) from when you became unlawful
- The Tribunal cannot accept late appeals and has no power to extend time
- Counting days: include weekends, but exclude listed public holidays and 25 December to 2 January
- Decision wait after lodging: commonly around 8 to 12 months
Recent National Changes (2025-2026)
- From 10 Mar 2025: AEWV median wage requirement removed; work experience cut from 3 years to 2
- From 9 Mar 2026: immigration median wage rises to $35.00/hour, lifting family sponsorship income thresholds
- From 29 Sep 2025: new Parent Boost Visitor Visa (up to 5 years, 10 total), no residence pathway
- Only a lawyer or IAA-licensed adviser may lawfully give immigration advice
The 28-Day Clock on a Deportation Liability Notice
The single most damaging mistake in New Zealand immigration is missing the appeal deadline, because unlike many other systems the Immigration and Protection Tribunal genuinely cannot help you once it passes. If you are served with a deportation liability notice, you generally have just 28 days to lodge a humanitarian appeal; if your visa expired and you are simply unlawful, you have 42 days from when that status began. The Tribunal has no power to give you more time, full stop. People lose the right to be heard while they "gather documents" or wait to save up for a lawyer. If you have a notice in your hand in Wellington, the date on it is the emergency, not the paperwork. A free call tells you which deadline applies to you and where to get free local help fast. This is information, not legal advice, and we are not your lawyers.
Likely outcomes & penalties
Immigration outcomes turn on your visa type, your history, and whether you act before the deadline. No one can promise a result, but these are the real consequences and thresholds people in Wellington face.Mistakes to avoid
How it works
Free & low-cost Immigration Law help in Wellington
Wellington has real, free immigration help, and New Zealand has a legal aid scheme for some immigration matters. These are verified, no-cost or low-cost starting points. Free information on which one fits your situation is always a call away.
FAQ — Immigration Law in Wellington
I was served a deportation liability notice in Wellington. How long do I have to appeal?
Generally only 28 days from the date of the notice to lodge a humanitarian appeal with the Immigration and Protection Tribunal. The Tribunal cannot accept a late appeal and has no power to give you more time, so the date on your notice is the deadline that matters. Do not wait to 'get organised'. For free information on which deadline applies to you and where to get free local help in Wellington, get in touch.
My visa has expired and I am still in New Zealand. What happens now?
Once your visa expires you become unlawfully in New Zealand under section 154 of the Immigration Act 2009, and you can be liable for deportation. You generally have 42 days (six weeks) from when you became unlawful to appeal to the Immigration and Protection Tribunal on humanitarian grounds. Do not leave the country before getting advice, because leaving while unlawful can trigger a ban on returning. Get free information on your options before the clock runs out.
Is immigration law different in Wellington from the rest of New Zealand?
No. New Zealand has one national immigration system under the Immigration Act 2009, administered by Immigration New Zealand, so the law is the same in Wellington as everywhere else. What changes locally is where you go for help, for example the Refugee and Immigration Legal Advice Service at Community Law Wellington on Dixon Street. For free information on how the national rules apply to you, reach out.
Can the Immigration and Protection Tribunal give me more time if I miss the deadline?
No. This is one of the harshest features of the system: the Tribunal cannot accept late appeals and has no power to extend the 28-day or 42-day deadlines. That is why acting quickly is so important. If you think a deadline is close or has passed, get information straight away so you understand whether any options remain.
Who is allowed to give me immigration advice in New Zealand?
Only a lawyer or a person licensed by the Immigration Advisers Authority may legally give immigration advice in New Zealand. Anyone else charging you for advice is acting unlawfully, and you have no professional protection if it goes wrong. You can check whether someone is licensed through the Immigration Advisers Authority. For free general information first, reach out, then make sure any paid help is properly qualified.
Is there free immigration legal help in Wellington?
Yes. The Refugee and Immigration Legal Advice Service (RILAS) at Community Law Wellington offers free help for refugees and vulnerable migrants, with clinics on Dixon Street in Wellington and in Lower Hutt (phone 04 460 4461). Community Law Centres and the Citizens Advice Bureau also help for free. For free information on which one fits your situation, get in touch. There is no income test to contact us.
Can I get legal aid for my immigration case?
Sometimes. New Zealand's legal aid scheme can pay for a lawyer if you cannot afford one, and refugee and protection claimants and people in immigration detention may be eligible, but generally only if a lawyer (not a licensed adviser) represents you. Eligibility depends on your situation and income. Get free information on whether legal aid might apply to you and how to check.
What recent immigration changes might affect my application in 2026?
Several. From 10 March 2025 the Accredited Employer Work Visa no longer requires the median wage and needs only two years' experience instead of three. From 9 March 2026 the immigration median wage rises to $35.00 per hour, which lifts the income needed to sponsor a partner or dependent child. And a new Parent Boost Visitor Visa (up to five years) opened from 29 September 2025. Get free information on how these changes apply to your case.
Can I be deported for a criminal conviction?
Possibly. The Immigration Act 2009 (sections 154 to 163) sets out grounds for deportation liability, and criminal offending is one of them, with the rules differing depending on whether you are a resident or a temporary visa holder and how serious the offending is. If you have been served a notice, the same strict appeal deadlines apply. Get free information on your situation and your appeal rights quickly.
Should I leave New Zealand to fix my immigration problem from overseas?
Be very careful. Leaving while you are unlawfully in New Zealand or under a deportation liability can lock in a ban on returning that good advice might have avoided, and it can also forfeit appeal rights you still have here. Do not book a flight before you understand the consequences. Get free information first so you do not accidentally make your situation worse.
Are you a Wellington immigration lawyer? Join our network.
We connect anxious, time-pressured callers across the Wellington region, from the central city to the Hutt Valley, Porirua and the Kapiti Coast, with New Zealand immigration lawyers who can take deportation appeals, residence and visa declines, partnership and family cases, and refugee and protection matters. If you are a New Zealand-qualified immigration lawyer working in or near Wellington, especially one who can move fast on tight Tribunal deadlines, we would like to add you to the lawyers we refer callers to. Express your interest and we will be in touch as we expand New Zealand coverage.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Sources & further reading
- Immigration Act 2009 - New Zealand Legislation
- Immigration & Protection Tribunal - Ministry of Justice
- Deportation and how you can appeal - Immigration New Zealand
- Changes to the Accredited Employer Work Visa (AEWV) and median wage - Immigration New Zealand
- RILAS - Refugee and Immigration Legal Advice Service - Community Law Wellington
- Legal aid - Ministry of Justice
- Wellington District Court - Ministry of Justice
Don't let the deadline pass. Get free information now.
Whether you have a deportation liability notice with a 28-day clock, an expired visa that has made you unlawful, or a visa decline you do not understand, the worst move is to wait and hope. New Zealand immigration law is national, the deadlines are strict, and the Immigration and Protection Tribunal cannot give you more time. But the first answer is free. Get clear, plain-English information about how the Immigration Act 2009 applies to you, which deadline is running, and where to find free help in Wellington. This is general legal information, not legal advice, and creates no lawyer-client relationship. Legal Hotline is not a law firm. Just real help, when you need it.
Free legal information. Not legal advice.