Common topic
Overstaying a visa expiry
Published
22 January 2023
There is an express obligation under the Immigration Act 2009 for all unlawful people to leave New Zealand. The legal obligation to leave New Zealand before a temporary visa expires is clearly communicated on visas.
Estimated number of people who overstayed their visa
Immigration New Zealand’s (INZ) latest estimate shows that as at 1 July 2025 there were around 20,980 people in New Zealand who had overstayed their visa.
This is the first estimate produced using INZ’s newly adopted methodology, which has significantly enhanced the accuracy of the estimate. The previous estimate, conducted in 2017, estimated the number of people who had overstayed their visas at approximately 14,000, but direct comparisons between the two estimates cannot be made because of the different methodologies used.
Updated estimates will now be released annually.
The number of people who overstay their visa each year is a small proportion of the number of overseas visitors. Each year, INZ processes around one million visa applications and 1.6 million New Zealand Electronic Travel Authority requests and sees approximately 3.6 million arrivals from non-New Zealand citizens.
Most people who have overstayed their visa are aged between 20 and 64. The majority were previously on a visitor visa (74%).
Estimated top 10 nationalities of those who have overstayed their visa
| Top 10 | Nationality | Estimate |
|---|---|---|
| 1 | Tonga | 2,599 |
| 2 | China | 2,577 |
| 3 | United States of America | 2,213 |
| 4 | Samoa | 1,697 |
| 5 | India | 1,582 |
| 6 | Great Britain | 1,256 |
| 7 | Philippines | 938 |
| 8 | Malaysia | 753 |
| 9 | Canada | 510 |
| 10 | Germany | 498 |
| 11 | Other | 6,356 |
| Total | - | 20,979 |
| Visa held at most recent arrival | Estimate |
|---|---|
| Visitor | 15,472 |
| General Visitor Visa | 5,623 |
| Visa Waiver | 8,018 |
| Other Visitor | 1,831 |
| Work | 2,219 |
| Skilled Work | 390 |
| Working Holiday | 347 |
| Recognised Seasonal Employer | 134 |
| Other Work | 1,348 |
| Student | 1,031 |
| Fee Paying Student | 838 |
| Age group | Estimate |
|---|---|
| 0-19 years | 1,733 |
| 20-64 years | 16,164 |
| 65-99 years | 3,082 |
| Total | 20,979 |
INZ encourage people who are unlawfully in New Zealand to get in touch, to discuss their circumstances and determine what the best option is for them.
They can contact INZ on freephone: 0508 55 88 55 (free to New Zealand landlines only).
If an individual has any information about the whereabouts of people unlawfully in New Zealand they are encouraged to contact INZ. INZ is grateful for the public’s assistance in helping to locate people who are unlawfully in New Zealand.
Visa holders’ obligations
There is an express obligation under the Immigration Act 2009 for all unlawful people to leave New Zealand. The legal obligation to leave New Zealand before a temporary visa expires is clearly communicated on visas.
People who overstay their visa, regardless of nationality, must understand that, if there are no special circumstances that call for the granting of a visa, they are expected to leave New Zealand or face deportation. The visa holder must ensure that their visa is current.
People who overstay their visa are vulnerable to exploitation. Employers are committing an offence by employing people who have overstayed their visa.