Rainbow Path is getting a lot of requests for information from LGBTQIA+ (Rainbow) people overseas who are trying to leave countries where they do not feel safe. We understand it is a really hard time for Rainbow communities, especially transgender people, all over the world right now. 

Rainbow Path is a small, voluntary group of mainly LGBTQIA+ refugees and asylum seekers who live in Aotearoa New Zealand. Unfortunately, we cannot help people leave another country or to come to New Zealand. We can only provide support to asylum seekers and refugees after they have arrived in New Zealand.

We are not lawyers and cannot provide immigration or any other legal advice about your individual circumstances. This blog summarises information available publicly online, and draws on the collective experiences of Rainbow Path members. It has 4 sections:

• A. Seeking asylum is the last resort
• B. Immigration pathways to relocate to New Zealand
• C. Seeking asylum in New Zealand
• D. Seeking asylum in another country

The best way for people to contact Rainbow Path is via email. Unfortunately, we do not have the capacity to respond individually to all the emails we receive. So we hope people can find helpful information in this post or on our website. Any information people email to us is totally confidential. We will not disclose it or your email address to anyone else.

If you email us and are already in New Zealand, please make this clear at the beginning of your email. Let us know which part of New Zealand you’re in. We will reply as soon as we can. If you are in New Zealand, seeking asylum, and need urgent support, also contact the Asylum Seekers Support Trust.

A. Seeking asylum is the last resort

If you are able to relocate to another, safer, part of your own country with better legal protection, that is usually the fastest and easiest way to get to safety. 

If you are able to get a visa that allows you to live and work in another country, that is always a better option than seeking asylum. Immigration pathways like work to residency pathways are the best routes to stay in New Zealand longer, as these processes provide you the most stability and the most predictable outcomes. 

Seeking asylum is the last resort when you have no other choice or have exhausted all options. Seeking asylum may also not be the best course of action for you. This is because: 

• The process can take years to go through, and the outcome is uncertain and unpredictable. Unlike immigration pathways such as work to residency pathways where residency is guaranteed once you meet the criteria, each asylum claim is assessed on its own merits. 
• There is a high legal threshold to meet. Experiences or fear of discrimination are not enough – the mistreatment you suffered or anticipated must be persistent and amount to serious harm. Feeling unsafe is not enough on its own. The decision-maker will decide whether your fears are justified. They also look at the protection your country could provide you, as well as the alternative for you to relocate to a safer part of your country. Even with the dire experiences of Rainbow people in many parts of the world, there is never a guarantee that you will be successful in your claim to be recognised as a refugee.
• As soon as you start the asylum process, you lose the ability to apply for any other immigration pathway. This means once you start an asylum claim, it’s very rare that you will be allowed to then apply to change to another immigration pathway, e.g., an Accredited Employer Work Visa, even if you find an employer who’s willing to sponsor you or if you withdraw your asylum claim. If your asylum claim is declined at the end of the process, you may not be able to apply for further visas to stay in New Zealand, and you may be deported from New Zealand. If you are deported, this may affect your ability to get visas for other countries.
• If you’re recognised as a refugee, you may never be able to return to your country of origin, or not for a very long time. 

Generally, it’s very rare for people with citizenship or permanent status in North America, Western Europe or Australia to be granted refugee status in New Zealand. However, it may be easier for you to come to visit, study or work in New Zealand. If you manage to get a visa that allows you to live in New Zealand, especially if you find work here, there are potential pathways for you to apply to stay here longer or permanently, including through the humanitarian appeal against deportation.

B. Immigration pathways to relocate to New Zealand

Explore your immigration options

If you have the resources, a well-planned migration that allows you to support yourself is always a much better option than getting onto the first plane you can and seeking asylum in New Zealand upon arrival. 

If you are planning to relocate to New Zealand, we strongly recommend you first explore visa options that allow you to work here. 

People from the New Zealand visa waiver countries may find NZeTA to be the easiest and fastest way to arrive in New Zealand. However, the NZeTA only allows you to stay in New Zealand for up to 3 months at a time (6 months for UK citizens), and it does not give you the right to work in New Zealand. This means you cannot work during your stay in New Zealand on an NZeTA, and you will need to leave New Zealand by the end of your NZeTA. If you want to remain here, you will need to rush to get another visa before it expires, which could be challenging. 

Like NZeTA, a Visitor Visa may allow you to visit New Zealand for up to 6 or 9 months, but does not allow you to work in New Zealand. Note a recent change in policy in Jan 2025 means you may be able to do remote work while on a visitor visa for an employer or client based outside of New Zealand. You will need to leave New Zealand by the end of your visitor visa. If you want to remain here, you will need to get another visa before it expires, which could be challenging. 

If you are aged between 18 and 30 (35 for some countries), a 12-month Working Holiday Visa can be a good stepping stone for you to find work while living in New Zealand. Depending on which country you’re from, you may be required to be in your home country when you apply for the Working Holiday Visa, and it can take a month or more to process. It also does not allow you to bring people with you on a working holiday visa. If you have a partner or children who want to come to New Zealand, they’ll need to apply for their own visa.

If you are able to obtain an offer of full-time work (at least 30hrs a week) from an accredited employer, you may be able to get an Accredited Employer Work Visa. If you hold an Accredited Employer Work Visa and your job meets the criteria, you may be able to support visas for your family and bring your family here while you work in New Zealand. If you are planning on getting this visa to come to New Zealand, watch out for people who may scam you to steal your money or sign you up with jobs that are not what they promise.

If you are able to find work that meets the criteria for one of these Skilled Residence Pathways, you may be able to apply to become a resident of New Zealand and live here permanently. These are the best routes to migrate to New Zealand, as these processes provide you the most stability and the most predictable outcomes. 

If you have the financial resources to, you may also consider applying to study in New Zealand. You may work up to 20 hours per week on a student visa. After completing a degree in New Zealand, you may be eligible for a Post-Study Work Visa for up to 3 years allowing you to work in New Zealand. This could be a stepping stone to find a job that allows you to move on to one of the Skilled Residence Pathways. 

If you are relocating with your family, these visas may allow you to bring or join your family in New Zealand. 

Things to consider

Anyone travelling to live in New Zealand needs to have sufficient money to pay for their initial accommodation and other living costs until they find work (if their visa allows them to work). It can be very hard to find work in New Zealand, so people need their own savings to live on while they look for a job.

Unlike some countries like Canada, there is no LGBTQIA+ community organisation in New Zealand that provides housing or can help pay rent or food costs. This means people arriving in New Zealand need to have enough money to support themselves and find their own accommodation.

Often the best place to get practical information about living in New Zealand is through private community online groups. Gender Minorities Aotearoa moderates a private online group Transgender and Intersex NZ. They also have a Rainbow Housing Facebook group you can join to look for rooms in a flat with other LGBTQIA+ people. Their website has a lot of information including about accessing gender affirming care in New Zealand. 

Rainbow Path’s website has information about some community organisations that provide support to LGBTQA+ people living in New Zealand. 

If you’re already in New Zealand 

If you are already in New Zealand on a temporary visa and you are unable or unwilling to return to your country of origin, we strongly recommend you see an experienced immigration lawyer who also has refugee law expertise. They will be able to consider your personal circumstances and help you explore your immigration options. This includes exploring other visas you may be eligible for, and assessing the strength of your case to make an asylum claim or a humanitarian appeal against deportation. 

Email us for recommendations of Rainbow competent refugee and immigration lawyers. 

Seeking asylum in New Zealand

If you have no choice but to flee your country urgently, or you have reached a point that you are running out of visa options, seeking asylum may be a pathway for you to get to safety. 

Arriving in New Zealand 

You can only seek asylum in New Zealand after you have physically arrived in New Zealand. This means the first step of seeking asylum in New Zealand is usually applying for a visa to come here. If you come from one of these visa waiver countries or transit visa waiver countries, you may be able to arrive in New Zealand without a visa. 

You can find more information about application criteria for different types of visas on Immigration New Zealand’s official website. To apply for one of these visas, you usually have to show you:

• have a valid passport
• meet health requirements (a chest X-Ray or a medical certificate)
• meet good character requirements (e.g., provide a police certificate to show you have no criminal conviction)
• have genuine reasons to come to New Zealand (e.g., travel plans, invitation letters, an offer to study or work here, etc).
• intend to leave New Zealand at the end of your stay (e.g. return ticket or onward travels, financial/ work/ study/ family commitments in your home country, etc), and
• have enough money in your bank account to support yourself during your stay here (e.g., bank statements, prepaid hotel bookings, etc)

Immigration New Zealand can deny your visa application or deny you entry to New Zealand at the airport for various reasons. Note that the reasons for you to come to New Zealand need to match the purpose of the visa you’re applying for. If you indicate in any way that you are coming here for a different purpose, or if they suspect that you intend to seek asylum in New Zealand or overstay after your visa expires, they may deny your visa or entry.

If you have a partner, and both of you are in New Zealand, you may be able to seek asylum individually or together. If one of you come alone and seek asylum, while your claim is being decided, it may become very difficult for your partner to get a visa to come here. This is because INZ would suspect your partner will come here to seek asylum too. If one of you is granted refugee status, there may be visa options for you to bring your partner to join you in New Zealand. However, as explained below, currently it can take at least 2 years for you to be granted refugee status in New Zealand.

Unfortunately, Rainbow Path cannot help people come to New Zealand. This means we cannot sponsor people or write letters of invitation for your visa application.

If you arrive in New Zealand and want to seek asylum, contact Rainbow Path after you left the airport, and we can put you in touch with a Rainbow competent refugee lawyer. 

If you are already in New Zealand on a temporary visa and you want to seek asylum, it’s very important that you speak to a Rainbow competent refugee lawyer as soon as possible, before your current visa expires. Any immigration process can become even more difficult and complicated if your visa has expired and you become unlawful in New Zealand.

Getting legal support  

We strongly advise anyone seeking asylum in New Zealand go through the asylum process with the support of an experienced refugee lawyer (rather than going to an immigration advisor or representing yourself). This is because the asylum process is legally complicated and difficult to navigate. An experienced refugee lawyer is the best support to guide you through this process and advocate for your rights. 

Depending on your financial situation (income and assets) and the strength of your claim, you may be able to access legal aid for your asylum process. This means if you can’t afford to pay for a refugee lawyer, the refugee lawyer (if they are a legal aid provider) may be able to apply for legal aid to cover the cost of your asylum claim. At some point after you have gone through your asylum claim, you may be asked to pay back your legal aid. Depending on your situation, you may be able to apply to write off your legal aid debt. 

There is a limited number of immigration lawyers who have sufficient experience in refugee law and are legal aid providers, and some of them are not competent on Rainbow issues. Please email us for recommendations of Rainbow competent refugee lawyers. 

Immigration advisors are not lawyers and most do not have expertise in complicated refugee cases. They also cannot apply for legal aid. This means you will need to pay an immigration advisor yourself for their time working on your asylum claim.

If you’re from North America or Western Europe:

As mentioned above, it’s very rare for people with citizenship or permanent status in North America, Western Europe, or Australia to be granted refugee status in New Zealand. This also means that if you’re from one of these countries, it’s very unlikely that you will be granted legal aid to cover the legal costs of your asylum claim. You will need to pay the lawyer fees yourself.

If you’re from North America or Western Europe and living in New Zealand, your visa is coming to an end, and you cannot meet the criteria to renew it, you may have a better chance applying for a humanitarian appeal against deportation. There is also no legal aid for this process for people on temporary visas, so you will need to pay the lawyer fees yourself. A humanitarian appeal against deportation process is likely cheaper and faster than an asylum claim.

The steps and timeframe for asylum claims 

In New Zealand there are two authorities that hear asylum claims – the Refugee Status Unit (RSU) and the Immigration and Protection Tribunal (IPT). After making a written claim to be recognised as a refugee, you will first be interviewed by an officer from the RSU. RSU will then make a decision to grant or decline your claim. If it is declined by RSU, you may then appeal that decision to the IPT.. 

You can read more about the asylum process on Immigration New Zealand’s website including their timeframes. However, each stage of the asylum process usually takes much longer in reality. For example, it currently can take more than 18 months before you have your first interview with RSU, and longer if you are outside Auckland. It then takes another few months while you wait for RSU’s interview report, respond to any further questions raised, and then wait for a decision. This means on average, it can take 2 years or more to receive a decision from RSU. If RSU declines your claim, it can then take another year or more before your appeal can be heard by the IPT.

Your lawyer will be able to walk you through this process and explain what you can expect in further details. Make sure you have a lawyer you can trust. If you don’t feel comfortable with your lawyer, you should change your lawyer as soon as possible. 

Visas during your asylum claim

Generally, once you’ve lodged an asylum claim, you cannot be deported from New Zealand while your asylum claim is being processed. However, it’s important to make sure you hold a valid visa at all times throughout your asylum process. This means you need to keep an eye on your visa expiration date and apply to renew it before it expires. If your previous visa has expired, it can be very difficult to get back onto a visa. And without a valid visa, you cannot work or access any benefit. 

After putting in a claim to seek asylum, you may apply for a visa to live in New Zealand lawfully while you wait for a decision. While most asylum seekers are granted a work visa, this process can be delayed for months if you don’t meet the health criteria. If you arrive in New Zealand without a valid passport or do not have a valid visa at the time you seek asylum, you may be refused a visa. People under the age of 18 who seek asylum are usually granted a student visa or visitor visa. 

To avoid delays and complications, we strongly recommend you seek legal advice to help with these visa applications for yourself, your partner and/or other family members.

INZ does not charge for these applications from people seeking asylum, but there’s no legal aid to cover your lawyer’s time spent on these visa applications and renewals. Depending on your lawyer’s capacity, you may have to pay the lawyer’s fee for these processes. 

Accessing services and practical support

After you have put in your asylum claim, once you receive a letter from Immigration NZ confirming they have received your claim, you are eligible to access some publicly funded essential services. These include healthcare and some very limited benefit payments. Note that you can only receive a benefit if you have a valid visa.

There is some information on our Rainbow Path website about the limited support available to asylum seekers including:

• Financial Support
• Accessing Healthcare
• Changing Name or Gender
• Housing and Food

Asylum seekers in New Zealand often experience delays when accessing financial support. This is because it can take a few weeks to a few months to get the documents and visas from Immigration New Zealand to access benefit or look for work. Opening a bank account can also be difficult for people on temporary visas, especially for transgender people if you don’t have an ID that matches your appearance and gender identity. This means you usually need to have enough money to support yourself and pay for your accommodation until you can access benefit or find work.

Asylum seekers are not eligible for emergency housing in New Zealand. Although you may be eligible for social housing, the wait list is very, very long. Unlike some countries like Canada, there is no LGBTQIA+ community organisation in New Zealand that provides housing. Asylum Seekers Support Trust (ASST) may be able to provide short-term accommodation for asylum seekers in Auckland who have no income and are in urgent need of shelter. ASST is Rainbow-friendly, but the hostel accommodation usually involves sharing rooms and bathrooms with other asylum seekers. There is a big demand for this service, and there’s often no bed available. This means Rainbow asylum seekers usually need to find their own accommodation through flatting or live in backpacker hostels.

Many service providers are also unfamiliar with the eligibility of asylum seekers on temporary visas to access their services. They may deny you services or charge you at a higher, non-resident rate. Contact Asylum Seekers Support Trust or us if you need help accessing these services. 

After you’re recognised as a refugee or protected person

Once you have been recognised as a refugee or protected person in New Zealand, you cannot be deported from New Zealand. The only exceptions are in very specific circumstances. For example, if you pose a threat to national security or public order, if you have committed serious crimes, or if your asylum claim is found to be fraudulent.  However, you still have to make sure you hold a valid visa at all times while living in New Zealand until you are granted New Zealand citizenship. 

After being recognised as a refugee, you can apply to become a permanent resident of New Zealand. Depending on your circumstances, you may be able to include a partner and/or other family members in this application. This process currently takes about one year or longer from the time you applied. Although most refugees are eventually granted permanent residency, in certain situations it can be declined. While waiting for your permanent residency, you can apply for a work visa (usually granted for 2-5 years). INZ does not charge for these applications from people who have been recognised as refugees, but there’s no legal aid to cover your lawyer’s time spent on these applications, which means you will need to pay your lawyer’s fees. You will also need to pay for the associated costs, such as medical checks. 

To avoid complications and delays, we strongly recommend you seek legal advice to help with these applications for yourself, your partner and/or other family members.

D. Seeking asylum in another country 

Unfortunately, most forcibly displaced people have no means to arrive in countries like New Zealand to seek safety. Often people flee to neighbouring countries to escape immediate persecution for being LGBTQIA+. There are some other overseas-based organisations that provide information for people fleeing their country. You can read a bit about that process on this ORAM website for LGBTQIA+ refugees and asylum seekers. Also a group called Rainbow Railroad, that is based in Canada and the USA, supports some Rainbow activists to leave their country to escape persecution. 

You may also be able to seek asylum through the United Nations Refugee Agency (UNHCR). To apply for that process, you have to be outside your country and unable to return because you fear persecution. If you are unable to get to a country where you can seek asylum in, this UNHCR website has information about the process of being recognised as a refugee through the UNHCR and support available in many countries. When people get accepted as a refugee through the UNHCR, they may be able to stay in that country. A very small number may eventually be resettled to another country, such as New Zealand. 

We hope this information is helpful. Wherever you are, we wish you the best of luck in finding support and safety.

[Postponed to June or July]

Unfortunately, due to work pressures, Rainbow Path is postponing these sessions until June or July. We will be updating the details of the new dates before Easter.

Rainbow Path is a peer support and advocacy organisation led by and for Rainbow asylum seekers and refugees living in Aotearoa. We are organising 2x online information sessions and 2x in-person volunteer workshops for the Rainbow community and allies to build wider awareness about and support for Rainbow asylum seekers and refugees living in Aotearoa.

Please read and complete this form if you want to join the information sessions and/ or workshops, or to hear about future sessions. 

Rainbow asylum seekers and refugees often arrive in Aotearoa on our own and face severe social isolation. For some people, this may be the first time we learn to speak English, feel safe to explore our identities, or come out. Trans asylum seekers and refugees often don’t have an ID with our correct name and gender marker that matches our appearance, which makes our everyday life difficult. We struggle to navigate WINZ and healthcare or to find safe housing, especially when we first arrive here. It can make a huge difference to our journey if other members of Rainbow communities, or other allies with specific skills, support us.

The 2x online information sessions

• will be on Tuesday 1 April and Wednesday 9 April from 6.30-8.30pm 
• will be available to people living anywhere in Aotearoa
• focus on information about being a Rainbow refugee or asylum seeker in Aotearoa
• will have different contents and build on each other

These online information sessions will cover topics such as: 

• What it means to be an asylum seeker, a quota refugee, or a convention refugee
• The challenges rainbow people in each of these groups face before coming to Aotearoa
• Our rights, needs, and challenges once we arrive in Aotearoa
• Rainbow Path’s advocacy to improve the rights of Rainbow asylum seekers and refugees in Aotearoa and how you can support this work and
• How Rainbow Path responds to information requests from rainbow people overseas about seeking asylum.

The 2x in-person volunteer training workshops:

• will be in Tāmaki Makaurau in the central city on Saturday 5 April and Sunday 13 April from 10am – 3pm 
• focus on empowering ways to support Rainbow asylum seekers and refugees, especially those just starting their journey here in Aotearoa
• free lunch and snacks will be provided

If you want to be come a Rainbow Path volunteer, you need to attend both 2 information sessions AND 2 in-person volunteer training workshops. 

Below are examples of some tasks a volunteer might do. The workshops will cover the initial information required for this role. Volunteers will be mentored and asterisked tasks (*) would be done with an experienced Rainbow Path member.

• Safely showing people around Tāmaki Makaurau or going with them to Rainbow community events 

• Helping someone to explore gender affirming makeup, clothing or hairstyles
• Accompanying people to get an IRD tax number*
• Helping people through the steps of accessing Work and Income support*
• Helping someone enrol with a Rainbow-friendly GP 
• Going with them to the GP or Auckland Sexual Health clinic
• Being a buddy who checks in with someone at important times (e.g. after an immigration interview or decision about their refugee application)
• Helping with transportation (e.g. when people shift flats) 
• Help people to look for a Rainbow-friendly flat
• Help people apply for jobs (e.g. when trans people’s documents don’t match their appearance)
• Informally interpreting at community events.  

We will also be at Big Gay Out this Sunday 16 Feb. Come visit our stall if you want to know more about these sessions and workshops, sign up in person, donate to our emergency relief fund, or just have a chat!

Rainbow Path was recently invited to the Cross Agency Rainbow Network (CARN) Conference. We really enjoyed listening to and connecting with other Rainbow people of colour.

In our presentation, we talked about:

• the immense barriers Rainbow asylum seekers and refugees face at each step of our journey to safety and resettlement in Aotearoa

• the gaps in laws and policies, and

• the lack of information and awareness about our rights and needs

We highlighted the extra challenges trans and intersex asylum seekers and refugees face, especially in accessing the essential services we are entitled to, due to the lack of a useable and recognised ID with our correct name and gender marker.

Thank you, CARN organisers for reaching out to Rainbow Path and helping our member with lived experience to travel there. We value having this platform to raise our issues with people working for government agencies.

However, the challenge is to see this translated into action, working in partnership with Rainbow asylum seekers, refugees, migrants and ethnic communities. We hope to see more meaningful participations from our communities in legal and policy space.

These are the words refugee members of Rainbow Path were planning to share at the Tāmaki Makaurau Trans Solidarity protest today. The speeches needed to be cut short, and the crowd of supporters stretched back way beyond the capacity of the sound system. So Rainbow Path is sharing these words via our blog and FB page instead.

Tena koutou katoa. Ngā mihi mahana kia koutou.

We are here today as members of Rainbow Path – a peer support and advocacy group for trans, intersex and queer asylum seekers and refugees living here in Aotearoa.

As asylum seekers, refugees and migrants of colour, we have all fled persecution overseas – we know what hate looks like. We understand on a very personal level that trans communities aren’t the only group being targeted by fascist extremism.

We have been forcibly displaced because it was unsafe to be trans or intersex in our country of origin, and many of us were also persecuted because of our ethnicity or religion, including for being Muslim.

It is important to us that today’s solidarity protest is empowering for trans activists and our communities. That we acknowledge all the work we do to support each other and to push for change, and that many have done before us. And that being here together helps build alliances for the hard work ahead – including all the activism it will take to get laws that actually protect us from hate crimes and hate speech.

It’s also important that we celebrate every hard-fought win – because it’s a victory not just for us, but also for trans activists facing the same coordinated, well-resourced, anti-trans extremist campaigns all over the world.

The new simpler process for amending your gender on a NZ birth certificate is one significant victory. It only happened because our communities fought very hard for it. The principles behind that fight are vital for us here and for trans people all around the world – they include self determination, bodily autonomy, and depathologisation.

• We have the right to define our own gender. As international human rights law affirms – our gender is one of the most basic aspects of self-determination, dignity and freedom.
• We have the right to decide what, if any, medical steps we want to take to affirm our gender.
• And we cannot be required to take any medical steps in order to amend our identity documents.

The new BDMRR Act is huge progress for people born here in Aotearoa – but it offers nothing for people born overseas.

Most of us come from countries where it is impossible for trans and intersex people to change our name or gender marker on our original passport. And that passport from our country of origin with outdated name, gender marker and photo is the only ID we have, to use for many years while living in Aotearoa.

It is only after we are granted residency that we can change our name here, which can take more than 5 years for trans asylum seekers. And for many migrants, it may never happen.

As people of colour, we are constantly asked to show our passport to prove who we are, our immigration status, and our eligibility to access services here. And when service providers see an ID that no longer matches our appearance, they immediately suspect we are trying to commit identity fraud.

As a result, it is extremely difficult or impossible for us to do everyday things, like opening a bank account, rent a home, accessing healthcare and medication, applying for a benefit, applying for a job, enrolling to study, or even just to pick up a courier parcel, or buy a drink at the supermarket if we are under age. We are often denied services and humiliated.

This is also extremely unsafe for us, because many of us are still at risk of abuse and discrimination from our family and our ethnic and religious communities here and overseas; racist, xenophobic, Islamophobic, transphobic and queer phobic hate groups here; and state agencies from our country of origin, who could persecute our family back home.

Not having a safe and useable Identity Document means even after we have fled persecution and are living in Aotearoa, we still have to fear for our safety every time we show our ID, and struggle to prove who we are every time we access essential services. Imagine living your life like this for five or ten and more years. How is New Zealand upholding our fundamental human rights it has taken oath to protect?

Today we are reminding you that the fight for self-determination and the right to legal gender recognition is still not won for trans and intersex people living in Aotearoa but born overseas.

Rainbow Path has been pushing for an official New Zealand ID that has our correct photo, name and gender marker for the past five years. We need all of your support to keep up the pressure right now – so that something so vital to our daily life, wellbeing and safety is not crossed off the government’s list of “bread and butter”.

It means a lot today to see this solidarity. And maybe it took the obvious fascist links for people to make the connections between white supremacy, anti-trans extremism, and the relentless misinformation directed at our communities. Don’t forget those links. Because it’s impossible to address racism without addressing trans and queer phobia, and it’s impossible to address trans and queer phobia without addressing racism.

Support us when we push for legal protections for trans people – whether that’s an Identity Document that recognises who we are, or making sure we are explicitly included in the Human Rights Act and in hate speech and hate crime laws.

And keep fighting until those rights exist for all of us, including trans asylum seekers, refugees and migrants – We should never settle for legal protections that only apply to people born here.

Kia ora

The government has announced its final decisions about the new process for trans and intersex people to amend their gender on a New Zealand birth certificate – and that applications open in less than four months, on 15 June 2023.

This law change, recognising our right to self-determination, is a huge win for trans and intersex people born in Aotearoa. However, as Rainbow Path and many other people said in their submissions on the Bill, there needs to be an equivalent solution for asylum seekers, refugees and migrants born overseas too. 

The Department of Internal Affairs’ (DIA) FAQ about the law change, acknowledges the gaps: “From the submissions received on the Act, it’s clear that it’s important to the transgender and intersex community to find a way for overseas born people to register their gender. We are committed to pursuing a solution for people born overseas.”

Rainbow Path made a 35-page submission in response to DIA’s consultation document. Our submission was based on our long-term work with trans, non-binary and intersex refugees and asylum seekers. We also included information from the people who participated in our two community consultations on 16 June 2022 (14 people) and 21 June 2022 (13 people), and from DIA’s two consultations with people born overseas, where we participated and helped to facilitate one of the breakout group discussions.

It is clear from the experiences of trans and non-binary asylum seekers, refugees, and migrants that it is vital to have a New Zealand issued ID with your correct name, gender and photo.

In this news article on 12 February 2023, a Rainbow Path member described the extensive impact on their everyday life of not being able to change their name in New Zealand until they were a permanent resident, and their ongoing struggles using a Refugee Travel Document that is not well recognised or safe for them to use.

The reporter approached government agencies for comment. Rainbow Path welcomes Te Whatu Ora’s statement confirming that the ‘preferred name’ on forms does not have to reflect the name on a person’s passport, as long as the person’s identity has been clearly established.

“Te Whatu Ora takes a practical approach to this in recognition of the sensitivity of the issue… . People can change both their name and gender on the NHI system by contacting their regular health professional or the Ministry of Health contact centre.”

In the same article, the Registrar-General of Births, Deaths and Marriages was reported as saying there were no plans to change the eligibility requirements for a name change under the Act. “However, we are working towards improving the ability of people in New Zealand to share their identity information digitally.”

This does not solve the problem we are still facing. Rainbow Path members also struggle to use current online identity verification options, including RealMe, when they have no official identity document with their correct name and gender. 

Being able to change your name is not an optional extra for people born overseas – as often it can take more than 5 years to get residency, and at least another 5 years to be able to get an NZ passport, and for some people this may never happen. 

Rainbow Path will continue to advocate for legal gender recognition for trans and intersex people born overseas – and needs your support to make sure we are not left behind. Read our submission to learn more about why trans and intersex asylum seekers, refugees and migrants need an official NZ ID with our correct name, gender and photo. 

Overseas born trans, non-binary and intersex people need our correct name and gender recognised in Aotearoa too!

All overseas born trans, non-binary or intersex people living in Aotearoa are invited to this community discussion, especially People of Colour – including people on temporary visas such as international students, migrant workers, refugees, and asylum seekers.

Are you a trans, non-binary or intersex person living in Aotearoa but born overseas?

Have you had difficulties getting your correct gender and name recognised on official NZ documents or records?

Rainbow Path warmly invites you to join our community discussion on Zoom, that will be held over two evenings in June. You are very welcome to come to either or both sessions:

• Dates: Thursday 16th June and Tuesday 21st June
• Time: 6.30-8pm
• Register for the Zoom link: https://forms.gle/Y3BwnGF3s6NhCFNn8

If you can’t make those times, you can still register to send us any info or questions – and we will send you an email update after the sessions.

Rainbow Path has been lobbying hard for trans, nonbinary and intersex asylum seekers and refugees to be able to get our correct name and gender on Identity Documents (IDs) available to us – the Certificate of Identity and the Refugee Travel Document. We worked with other community organisations, especially Gender Minorities Aotearoa, on that campaign.

This is so we have an ID we can use in our daily life, including to open a bank account, get an IRD number, or when we have to prove who we are to a healthcare provider, an employer, landlord, WINZ or other government agencies, etc. Without a usable ID, every aspect of our life is made significantly harder.

We recognise that the issues are broader than the Certificate of Identity and the Refugee Travel Document. They also affect many other trans, non-binary and intersex migrants, especially those who are unable to get their gender and name recognised in their country of origin.

We understand that the barriers we face also differ depending on our immigration status – whether we are permanent residents, or citizens, or on temporary visas such as student visas and work visas. Racism also affects how often many of us are asked to show IDs.

Last year a law was passed that will make it easier for trans and non-binary people born in NZ to change the gender on their NZ birth certificate. The government is looking at different solutions for people born overseas to have our correct gender and name recognised here. The Department of Internal Affairs (DIA) is consulting with trans, non-binary and intersex migrants, asylum seekers and refugees in late June and early July.

Before our communities head into that government consultation process, Rainbow Path is organising two community discussions with others from our trans, non-binary and intersex migrant and refugee communities. We want to:

• Identify the range of different barriers we face, and
• Explore the potential solutions we need in order to have IDs we can use here in Aotearoa.

This way, we will be able to better support each other and raise constructive ideas during the government’s consultation process.

All overseas born trans, non-binary or intersex people living in Aotearoa are welcome, especially People of Colour – including people on temporary visas such as international students, migrant workers, refugees, and asylum seekers.

None of the personal details you share on these community discussions will be shared with anyone not on the Zoom call. You can also join the Zoom calls with your video off if that feels safer for you. Everyone on the call will be reminded how important it is to not share information that could disclose another person’s identity. It will be your choice whether you then join the later calls with people from the Department of Internal Affairs and what you choose to share then.

We are also asking a few allies/resource people to join the Zoom calls, because they support people born overseas to change details on NZ documents.

Please note: This Zoom call won’t focus on changing details on overseas documents as the New Zealand government has no power to change those. However, sometimes getting an official document issued by the New Zealand government may help with that process. That is how some permanent residents have used a Declaration as to Sex from the New Zealand Family Court. That option will disappear when the new law starts in June 2023, so permanent residents will also need a new solution.

If you have any more questions, you can contact us on rainbowpath@protonmail.com