15/09/2026
As a Tongan professional who has worked in the immigration industry for almost 12 years, there are two important things I want to say following the release of the updated overstayer figures today.
1) I feel for anyone who has been made to feel ashamed because of their immigration status.
We may not fully understand what many families have faced or how they reached this position. The reality is that these situations are not always straightforward. Some people have been exploited, misled or poorly advised, while others have faced difficult family or medical circumstances or have simply been too afraid to seek help.
2) You do not need to wait for a political party to promise a future change that may or may not happen.
The reality is that immigration options already exist. You simply need to seek professional guidance to understand whether any of these options may be available in your circumstances.
Depending on your situation, these options may include:
1️⃣ Requesting a visa under section 61 of the Immigration Act
2️⃣ Appealing to the Immigration and Protection Tribunal, if you still have appeal rights
3️⃣ Asking the Minister of Immigration to intervene in your case
Every case is different and must be assessed individually. Your full immigration history, the reason your visa expired, your family circumstances and the evidence available, among other factors, will all need to be carefully considered.
My message to our community is simple: do everything you can to ensure your visa does not expire. However, if your visa has already expired, please do not wait. Until any proposed change to the immigration law actually comes into effect, the current policy continues to apply and you may remain liable for deportation.
Seek professional advice from an immigration lawyer or licensed immigration adviser so that you can better understand the options available to you.