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!

On 11 August 2023 Rainbow Path submitted to the Select Committee considering a petition calling for a Rainbow subcategory within the current NZ Refugee Quota programme. On 23 September, the Labour Party announced its policy to implement this change if re-elected. As Rainbow Path’s submission to the Select Committee noted, there are other steps needed for such a policy to make a meaningful difference for Rainbow asylum seekers and refugees. We reiterate our call for the Ministry of Business, Innovation, and Employment (MBIE) to develop a regular consultation mechanism with Rainbow Path and other Rainbow refugees that would:

• identify ways to collect and monitor data about the extent to which Rainbow refugees are being resettled in Aotearoa, as baseline information for policy decisions including the 2025 review of subcategories within the New Zealand Refugee Quota Programme;
• discuss the extent to which current refugee status determination and resettlement pathways are safe and accessible for Rainbow people, as a basis for identifying potential improvements;
• consider ways to remove financial barriers preventing Rainbow communities from participating in the Community Refugee Sponsorship programme;
• explore how the Refugee Resettlement Strategy can better meet the specific needs of Rainbow refugees;
• identify ways that Immigration NZ can enable trans and intersex asylum seekers and refugees to have useable official documents with their correct name and gender marker; and
• identify and address other legal or policy issues that have a specific or disproportionate impact on Rainbow refugees and asylum seekers, for example current family reunification and partnership visa settings.

Rainbow Path’s full submission to the Select Committee is copied below.

Submission to the Select Committee

11 August 2023

Camilla Belich

Chair

Education and Workforce Committee

Email: ew@parliament.govt.nz

Dear Hon Camilla Belich,

Rainbow Path welcomes the opportunity to provide a written submission to the Education and Workforce Committee on the petition and proposal to create a Rainbow subcategory within the current New Zealand Refugee Quota Programme.

It is important that the lived experiences of Rainbow refugees and our organisations are prioritised in this discussion. This is not only to ensure the voices of refugees are heard, but also so that legal, policy or regulatory proposals are based on an accurate assessment of the current problems, and of the likely effectiveness of any proposed solutions.

Background information about Rainbow Path

Rainbow Path is a community and a peer support and advocacy network for LGBTQIA+ refugees and asylum seekers living in Aotearoa. We are led by Rainbow people with lived experience as refugees and asylum seekers, with support from other Rainbow human rights defenders. Rainbow Path provides social support and rights-based information in-person and online and runs Rainbow-competency training for refugee sector organisations and refugee-competency training for Rainbow community organisations. We also participate in government consultations including the National Refugee Resettlement forum and the Auckland Asylum Forum.

Rainbow Path empowers Rainbow refugees and asylum seekers to lead advocacy on our human rights. Our advocacy work, including this submission, is based on the practical realities of what it means to be a Rainbow refugee. For quota refugees, that includes Rainbow refugees’ experiences seeking support from the United Nations refugee agency (UNHCR), our assessment by Immigration NZ before travelling to Aotearoa and the resettlement support we receive upon arrival here.

Rainbow Path is also aware that one of our Steering Committee members, Eli Rubashkyn, was invited to send the Committee an individual submission. As that submission covers some background information about Rainbow refugee initiatives in overseas jurisdictions, we have not focused on that material in our submission.

Heightened challenges faced by Rainbow refugees

Rainbow Path has read the submissions from Hafsar Tameesuddin from the Asia Pacific Refugee Rights Network and from the Ministry of Business, Innovation and Employment (MBIE). We strongly agree with the statements in both submissions about the heightened vulnerability and challenges faced by LGBTQIA+ refugees in our countries of origin, transit countries and when resettled here in Aotearoa. Those risks are even greater for Rainbow human rights defenders.

Some of us are forcibly displaced because of our ethnicity and religion or due to war and conflicts. We just happen to be Rainbow as well, as there are Rainbow people in all populations. But even if our original persecution was not about being Rainbow, at each stage of our journey to safety we face extra challenges because of our sexual orientation, gender identity or expression, or variation of sex characteristics (SOGIESC status).

We often have no family or community support when we are trying to flee persecution, and we may be fleeing from them as well. Most of us do not feel safe to be with our ethnic or religious communities, and we have to hide our Rainbow identity, both for our own safety and to protect our family or a partner.

The country we are fleeing may criminalise our sexual orientation under so-called sodomy laws and criminalise our gender identity or expression under so-called ‘cross-dressing’ or ‘public immorality’ laws, which are often inherited from colonisation. There may also be honour killings against Rainbow people under religious laws. Our family and wider community may shun intersex people born with variations of sex characteristics, and if there are any available medical interventions, they are most likely to be harmful and non-consensual. Most countries we have fled from do not allow us to change our name or gender marker on ID cards or passports that we must show to cross borders and when we make our refugee claim. This exposes trans people and those intersex people who do not resemble their ID documents to elevated risk.

There is also no visibility of Rainbow people and our explicit rights to protection within the humanitarian sector. Despite efforts by a few agencies including Rainbow NGOs, there are often no safe places for Rainbow people in refugee camps. In many other countries we wait in the local community we have fled to, we often have no right to work and are vulnerable to harassment including from police, especially in places where we are criminalised or have no anti-discrimination protections and religious and other community leaders sanction violence against us.

After such a long journey when it has never been safe to disclose who we are, we often don’t know if and when it’s safe to disclose being Rainbow. We may not have the words to describe who we are. There is often a lot of internalised shame. Our first languages often only have derogatory terms for Rainbow people. Some of us come from cultures that do have traditional terms for some Rainbow identities, but these identities are often different from western, English language concepts and terms. When we seek asylum or reach the country of resettlement, we may only have just started to explore our sexuality, gender identity or expression or what it means to be intersex.

Once we are here in Aotearoa, service providers and government agencies often assume our main support network will be our family or other migrants from our country of origin. For example, we may be housed or resettled together with our own ethnic community. But for Rainbow refugees this is likely to result in more harm, especially if we are resettled outside of main cities where there is no access to support from Rainbow communities.

All these factors mean that many Rainbow refugees hide or delay disclosing our Rainbow identities, especially if we are also able to seek asylum under other grounds of persecution. It is vital that refugee status determination processes recognise these barriers and do not assume late disclosure raises credibility issues, and that all refugee resettlement pathways are safe and accessible for Rainbow people.

A Rainbow subcategory within the current New Zealand Refugee Quota Programme

Rainbow Path welcomes the intention of the petition and the attention it gives to the huge gaps in responses to the persecution and displacement of Rainbow refugees.

We strongly support identifying and implementing safer and faster pathways for Rainbow refugees and asylum seekers’ resettlement in Aotearoa. A Rainbow quota is one of the potential solutions. Our concern is that, on its own, it is unlikely to be effective. We make this statement cautiously and would have huge concerns if it is seen as an excuse to merely maintain the status quo. Instead, it is the basis of our call for genuine engagement with Rainbow refugees and organisations about the mix of existing and new policy levers needed to create safer and faster pathways for Rainbow refugees to be resettled in Aotearoa.

In its submission, MBIE raises potential concerns about whether a Rainbow subcategory would create any unintended consequences. The two examples MBIE cites are either “inadvertently putting people at greater risk as their status may be more visible; or alternatively creating incentives for people to claim to be LGBTIQ+ to gain access to priority resettlement”. 

Rainbow Path supports informed decision-making but notes that protecting the privacy and safety of Rainbow refugees is a priority, whatever pathways are being considered. Furthermore, privacy of individuals does not mean that UNHRC has the luxury of shying away from reaching out to support Rainbow refugees. One of the reasons why there has been community support for a separate Rainbow refugee subcategory is because it offers powerful symbolism and hope, in the context of Rainbow people fleeing countries that have ignored the human rights of their Rainbow citizens and other Rainbow people residing there. 

Many Rainbow refugees come from countries where there are no positive terms or messages for Rainbow people and our human rights. Therefore, it is vital that the human rights of our communities, and the protection from violence and discrimination guaranteed under international human rights law, is visible in UNHCR’s and MBIE’s work. 

We would also like to point out that simply creating a subcategory does not mean that anyone who is a member of the relevant marginalised, prioritised group will be eligible to apply. The refugee resettlement system has many checks and balances. Only those Rainbow people who have been recognised as refugees by UNHCR because they are fleeing persecution will have access to this pathway. Rainbow refugees are also not the only group whose protected status is based on self-identification. This is also the situation for many people who are persecuted because of their political opinion or religious beliefs. 

Even if New Zealand were to adopt a Rainbow refugee subcategory, it is unlikely to be developed in the short term. Therefore, it is vital that immediate attention is given to exploring how other existing pathways can be used to resettle Rainbow refugees speedily and safely in Aotearoa.

Lack of data about the use of existing options

MBIE’s submission to the Committee notes that currently most Rainbow quota refugees “are normally referred under general protection or as urgent or emergency cases where they are submitted outside the normal selection mission cycle”.

In Rainbow Path’s experience, most of our members who have come to Aotearoa fleeing persecution because of their sexual orientation, gender identity or expression or variations of sex characteristics have sought asylum in Aotearoa, not overseas through UNHCR. Some of our members who arrived as quota refugees are very prominent within refugee and/or Rainbow communities. Despite that visibility, they have only been contacted by a small number of other quota refugees who sought asylum because of persecution based on their Rainbow identity. This raises concerns for us about the extent to which the current general protection and urgent or emergency pathways are being used effectively to meet the needs of Rainbow refugees.

Rainbow Path strongly supports the use of discretionary humanitarian visas to respond to specific emergency situations. Our concerns are the absence of data about whether these visas are being used effectively for Rainbow refugees from New Zealand’s current priority countries (Afghanistan and Ukraine), and whether the specific situation for Rainbow people in other countries (for example Uganda) is taken into account. New Zealand can learn from the experience of other countries, particularly Canada. We are aware, for example, that in early 2022, the Canadian Government decided to admit an additional 600 LGBTIQ+ Afghan refugees across all of its resettlement pathways.

Rainbow Path is frequently and increasingly contacted by Rainbow people in high-conflict countries overseas or those where Rainbow people generally, or trans people specifically, are targeted under laws. This includes being contacted by people in Afghanistan and Ukraine, seeking support because of their heightened vulnerability. These approaches have grown this year, particularly with heightened attacks against trans people in most regions. Rainbow Path is only able to provide people with publicly available information from UNHCR and Rainbow community organisations such as ORAM and Rainbow Railroad. We would welcome the opportunity to work with UNHCR and MBIE on ways to safely enable Rainbow asylum seekers and refugees to have the same opportunity to access existing emergency pathways.

Rainbow Path recommends that MBIE is required to collect and monitor data about the extent to which Rainbow refugees are being resettled in Aotearoa, as baseline information for identifying and then addressing barriers and gaps. This information will be necessary for any future policy work including the 2025 review of subcategories within the New Zealand Refugee Quota Programme.

While UNHCR does not currently collect SOGIESC data, we note that the 2021 Global Roundtable on Protection and Solutions for LGBTIQ+ People in Forced Displacement prioritised such data collection in its recommendations, including to:

• Create environments in which it is safe for LGBTIQ+ persons to share their experiences . . . (Section C: Recommendation 1)
• Encourage collection of data on the experiences of LGBTIQ+ people by supporting humanitarian staff to overcome the fear of failure and to effectively mitigate fear of doing harm (Section C: Recommendation 2) and
• Conduct appropriate respectful collection of data, exercising extreme care for the safety of individuals and security of their personal information, disaggregating data, and engaging in careful stewardship, including anonymization and access controls. (Section L, recommendation 2).

Lack of resourcing for community-based pathways

Two Rainbow Path members participated in the 2021 Global Roundtable on protection and solutions for LGBTIQ+ people in forced displacement. MBIE’s written submission mentions one of the recommendations from that report, namely:

“. . .  to consider a Humanitarian Visa Pathway for LGBTIQ+ persons with acute protection risks in crisis situations (such as for trans and gender non-conforming individuals), whereby vetted civil society organisations can refer LGBTIQ+ displaced persons in origin or asylum countries to a community sponsorship program”.

As noted above, Rainbow Path welcomes the opportunity to explore the use of a Humanitarian Visa Pathway for Rainbow people. However, it is vital to realise that where community sponsorship programs have been developed for Rainbow refugees in other countries, they have been linked to well-resourced Rainbow community organisations. These groups have the funding, staff and accommodation to support Rainbow refugees. There are no equivalent Rainbow organisations with such resourcing in Aotearoa.

Rainbow Path has met with HOST International Aotearoa to discuss the Community Refugee Sponsorship programme here and encouraged Rainbow community organisations to attend their informational webinar. However, without resourcing for Rainbow community organisations here, it is not feasible for Rainbow communities to take on the costs attached to this model.

The importance of meaningful participation by Rainbow refugees

Finally, at the heart of Rainbow Path’s submission is the necessity for MBIE to engage meaningfully with Rainbow refugees and organisations about resettlement pathways for Rainbow refugees. This is vital to ensure that proposals will actually work for Rainbow refugees.

Rainbow Path recently presented to the National Refugee Resettlement Forum. We appreciated the opportunity to meet with other refugees and refugee organisations. However, there were few decision makers in the room.

Our main advocacy work over the last four years has been attempting to resolve the lack of legal gender recognition options for asylum seekers and refugees living in Aotearoa. That work covers the portfolios of both Immigration NZ and the Department of Internal Affairs (DIA). Rainbow Path collaborated with DIA to co-organise and co-facilitate community consultations about legal gender recognition solutions for people born overseas. While that work was ultimately deferred, the process itself is one that Rainbow Path valued and that enhanced the advice DIA received for its policy work.  We have never had any similar high-level engagement with Immigration NZ / MBIE about the role it can play in enabling Rainbow asylum seekers and refugees to have official documents with their correct gender marker and/or name. 

Rainbow Path recommends that MBIE works with Rainbow Path to develop a regular consultation mechanism on Rainbow refugee resettlement issues. Its purpose could include, for example, to:

• identify ways to collect and monitor data about the extent to which Rainbow refugees are being resettled in Aotearoa, as baseline information for policy decisions including the 2025 review of subcategories within the New Zealand Refugee Quota Programme;
• discuss the extent to which current refugee status determination and resettlement pathways are safe and accessible for Rainbow people, as a basis for identifying potential improvements;
• consider ways to remove financial barriers preventing Rainbow communities from participating in the Community Refugee Sponsorship programme;
• explore how the Refugee Resettlement Strategy can better meet the specific needs of Rainbow refugees;
• identify ways that Immigration NZ can enable trans and intersex asylum seekers and refugees to have useable official documents with their correct name and gender marker; and
• identify and address other legal or policy issues that have a specific or disproportionate impact on Rainbow refugees and asylum seekers, for example current family reunification and partnership visa settings.

Thank you again for the opportunity to make this submission. Rainbow Path realises that the Select Committee’s time is very constrained in the lead-up to the general election. However, we would welcome any opportunities now or in the future to meet with the Select Committee or individual members to discuss and progress these issues.

Ngā mihi

Rainbow Path’s Steering Committee

On World Refugee Day, the Asia Pacific Refugee Rights Network presented a petition to the New Zealand Parliament calling for a Rainbow Refugee quota, that would set aside some of the 1,500 Refugee quota places each year specifically for Rainbow refugees.

Rainbow Path supports identifying and implementing safer and faster pathways for Rainbow refugees and asylum seekers’ resettlement in Aotearoa. A Rainbow quota is only one of the potential solutions needed, and is only as good as the measures complementing it. To be effective it would require meaningful participation of Rainbow refugees at every step of its design and implementation. This is vital to ensure that proposals will actually work for Rainbow refugees.

To be sustainable, a Rainbow Refugee quota will also require supporting and funding Rainbow community organisations in Aotearoa, especially those led by Rainbow refugees and migrants, so they are able to support asylum seekers and refugees when they arrive and through their ongoing resettlement process.

It is also unlikely that a Rainbow quota would be developed in the short term, so any commitment to explore this option must not be used as a panacea to prevent the use of existing levers to speedily and safely resettle Rainbow refugees here.

August 31st is the last day of Parlaiment before this year’s election. So it is uncertain what progress this petition will make in that limited timeframe. If it is referred to a Select Committee, the Committee might seek further details from submitters and could potentially issue a report with recommendations.

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.

Rainbow Path had the pleasure and privilege of speaking at Nelson Pride last month. We were part of their “ Speak Out” event that featured Pecha Kucha style presentations from other rainbow organisations like InsideOut as well as other influential people from the community.

We enjoyed being part of the event and learning more about the organisation’s work as well as connecting with the wider community. 

In our presentation, Our speaker spoke about their own journey and how being a trans person of colour and an asylum seeker affected that journey. 

We also discussed our work with asylum seekers and the importance of having a peer led community where people with lived experiences lead the conversation around their rights. We highlighted the problems that occur when we are excluded from the conversation. 

We hope that privileged allies and service providers receive our message and really take it on board. We hope that they use their experiences and connections to guide the people with lived experience and the community to get to where we should have been, had we not faced such discrimination and marginalisation in this white colonised and Eurocentric world.

Yesterday, the Department of Internal Affairs updated its website to announce that it is “deferring  further work on developing a process for people born overseas to register their gender”. 

Rainbow Path has conveyed to the Department the huge level of disappointment and frustration of our members, who are left without having useable IDs. This impacts on every aspect of our lives.

People born overseas, living here in Aotearoa, are frequently asked to show an identification document (ID) to prove our immigration status and eligibility for publicly funded services.  As people of colour, it is more likely someone will assume we are born overseas and request to see our ID. Yet most trans asylum seekers and refugees, and many migrants, do not have any photo ID with our correct name and gender marker. 

Today’s decision is a huge backward step from commitments the department and the previous Minister have made to trans refugees, asylum seekers and migrants. 

The Births, Deaths, Marriages, and Relationship Registration Bill was passed in December 2021, giving trans and intersex people a simple process to amend the gender on a NZ birth certificate. In her media release at the time, Minister Tinetti committed to find solutions for Rainbow Path members and others who do not hold a NZ birth certificate:

“I would like to acknowledge that there will be disappointment from overseas-born New Zealanders as they will not be able to access self-identification at present. This is because the changes only apply to New Zealand birth certificates at this stage. Work will be done to address this, starting with further consultation with those affected. This will only further strengthen the milestone we have achieved today,” Jan Tinetti said.

Consultation by the department in 2022

Since the Bill was passed, the department has continued to consult trans and intersex people. Partly, this was to help finalise details about the self-identification process for NZ birth certificates that would be put in regulations before the new law comes into effect on 15 June 2023.

In addition, because the Bill does not cover trans and intersex people born overseas, the department started to consult trans asylum seekers, refugees and migrants about the IDs we currently have and aren’t able to update, as the initial step towards exploring potential solutions.This two-stage consultation process was clearly spelt out in the department’s engagement strategy, on its website:

“13. Work to resolve the issues for people born overseas will progress on a different timeline. This timeline will be published in due course. A second round of engagement on policy options is intended in 2023, providing another opportunity for people to share their views. While solutions to these issues will not come into force alongside the self-identification process, Government has committed to pursuing a solution.”

Based on these commitments, Rainbow Path members put in months of voluntary work encouraging trans and intersex people born overseas to share their experiences living in Aotearoa with no useable ID. Rainbow Path collated those stories into its submission to the department in July 2022. 

Reneging on those commitments

As the screenshot below shoes, at lunchtime yesterday, Wednesday 5 April, the department’s online FAQ about this work (the BDM review) still said “We are committed to pursuing a solution for people born overseas”.  

Half an hour later, that sentence had been removed from the FAQ.

Soon after, the following update appeared as a new tab titled “Recognising gender for people born overseas” on the “Recognisng gender on birth certificates” page of the department’s website. A screenshot of the department’s full update is also copied at the bottom of this blog post.

A summary of the department’s 5 April update 

.After a short introduction, the department makes four main points:

1. Feedback from consultation showed the issues are complex and there is no clear solution. 
2. Two small improvements are planned over the next 12 months, enabling trans and intersex people to amend the gender on their Citizenship Certificate and their Refugee Travel Document. 
3. Any further work on potential solutions is deferred until the department develops digital identity tools, so the department can “assess how digital identity tools could contribute to solutions”.
4. There are no timeframes for the development of digital identity tools and any further updates will be provided on this department webpage.  

Rainbow Path’s response to that update

Rainbow Path has been advocating for a solution for over five years. Over that time we have written many submissions, documented the experiences of our members, met with politicians, and even helped the Department of Internal Affairs consult with our communities. 

The next promised step was to seek feedback on potential solutions. That was the agreed process to talk through the pros and cons of different options and clarify potential solutions. The department has unilaterally decided to give up on that process. 

The two operational improvements that the department has signalled will take place over the next 12 months will have very minimal additional benefit for Rainbow asylum seekers and refugees or migrants. 

• The department had already committed previously to ensuring that citizens would be able to update their gender marker on a Citizenship Certificate, rather than just being issued an Evidentiary Certificate with the corrected details. (See for example page 12 of the government’s response to the Working Group for Reducing Barriers to Changing Registered Sex.)   
• Asylum seekers often have to wait years to be accepted as a refugee and aren’t eligible for a Refugee Travel Document (RTD) until then. These proposals will make no difference to them.
• Once we are accepted as a refugee, it is already often possible for us to amend our gender on a Refugee Travel Document (RTD). Formalising this policy does not fix the problem that we cannot change our name until we are permanent residents, meaning all our documents (including our RTD) are of little use because they have our wrong name.  Finally, the RTD is seldom recognised as proof of one’s identity, even by government agencies. 

Rainbow Path’s faith in the potential of digital identity tools is minimal at this point, given the documents currently required to change details online. For example, it was very hard for our members to even get a Vaccine Pass during the COVID-19 pandemic. We would have valued the opportunity to be consulted by the department about potential digital identity tools, to provide a reality check of how they may or may not work for trans and intersex asylum seekers, refugees, and migrants.

Now we are left with no meaningful progress, an indefinite waiting time while the department explores whether digital identity tools might help, and no formal consultation processes with our communities.

Rainbow Path has told officials at the Department of Internal Affairs that it is vital that any ongoing work in the digital identity space involves meaningful consultation with trans asylum seekers, refugees and migrants born overseas.

Rainbow Path is asking for your support as we keep pushing for essential legal protections for trans and intersex refugees, asylum seekers and migrants including:

• an Identity Document that recognises who we are and
• making sure trans and intersex people are explicitly included in the Human Rights Act and in hate speech and hate crime laws.

Please keep fighting alongside us until those rights exist for all trans and intersex people.

We should never settle for legal protections that only apply to people born here

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. 

If you are a trans, non-binary, or intersex person who was born overseas, please register for one of these sessions hosted by the Department of Internal Affairs. They take place THIS THURSDAY 30 JUNE and on TUESDAY 5 JULY, from 6.30 – 8pm.

The new BDMRR Act only introduces a self-ID process for people born in Aotearoa. These online sessions are the first steps towards finding a solution so that overseas born people can register their gender in Aotearoa.

Rainbow Path members will be participating in both sessions. Register now as spaces are limited – we would love to see both calls fully booked. There are a few details below and more when you click on the registration link.

———————————————————-

Information supplied by the Department of Internal Affairs

“A self-identification (self-ID) process for birth certificates will be available from mid-2023. This is significant for transgender, non-binary, intersex, and takatāpui New Zealanders, who will be able to amend the sex on their birth certificate without going through an intrusive and costly process.

At present, the new self-ID process does not apply to people born overseas who don’t have a New Zealand birth certificate.

Government are committed to pursuing a solution to enable overseas born people to register their gender. If you were born overseas, we’d love to hear your perspective to help us find a solution.”

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

All people have the right to legal gender recognition, whatever their immigration status. Rainbow Path strongly believes that Aotearoa can be a country where that is a reality for every trans, non-binary and intersex person living here. Everyone should be able to obtain official New Zealand documents with their correct name and gender.

People who follow our Facebook page will know the huge support there has been for Rainbow Path’s campaign linked to the BDMRR Bill last year. We have previously shared our frustration that no solutions for people born overseas were included in the Bill. Recommendations to do further work on this issue also made no explicit reference to asylum seekers, refugees or migrants on temporary visas.

After a huge amount of last minute lobbying at the end of last year, Rainbow Path watched Parliament TV on 9 December, hopeful that our lived experiences might have been enough to make a difference. In our Facebook post we described how that felt.

“As the Bill went through its third reading, excited Rainbow Path members and allies were sitting in front of the screen, listening closely to the speeches and cheering each time our Rainbow refugee and asylum seeker communities were acknowledged. What was remarkable is not only that it was passed unanimously, but also the commitment we got to finding solutions for people born overseas, during the 18 months between now and when the regulations for self-identification come into effect.”

Our ongoing lobbying has been to ensure this includes asylum seekers, refugees and migrants on temporary or timebound visas, as well as permanent residents and citizens born overseas. A huge thank you from the bottom of our hearts to all our allies for your unrelenting support.

Less than a week later the Select Committee wrote to Rainbow Path confirming that their recommendation applied to all overseas-born New Zealanders, including refugees and asylum seekers. We have shared the letter in full below.

Watch this blog and our Facebook page to see details of the community discussion we will be hosting on 16 and 21 June from 6.30 – 8pm. We want to hear from any overseas-born trans, non-binary or intersex people living in Aotearoa, especially those who are unable to get their gender and name recognised in their country of origin. Together we will identify the range of different barriers we face and explore potential solutions.

GOVERNANCE AND ADMINISTRATION COMMITTEE
KOMITI WHIRIWHIRI TAKE WHAKAHAERENGA

15 December 2021

Inquiry into Supplementary Order Paper 59 on the Births, Deaths, Marriages, and Relationships Registration Bill

“Thank you for your email about the inquiry into Supplementary Order Paper 59 on the Births, Deaths, Marriages, and Relationships Registration Bill. We commend you for your advocacy on behalf of refugees and asylum seekers living in New Zealand, particularly in regard to this piece of legislation.

As mentioned in your email, we made a recommendation to the Government to commit to pursuing a solution that would allow overseas-born New Zealanders to register a nominated sex. Thank you for raising the issue of whether refugees and asylum seekers were intended to be included in this recommendation.

In our report on the Inquiry into Supplementary Order Paper 59, we did intend to include refugees and asylum seekers within this recommendation. It is our expectation that the Government will work towards finding a solution that would allow all overseas-born New Zealanders, including refugees and asylum seekers, to register a nominated sex.
We have copied in the Minister of Internal Affairs and officials at the Department of Internal Affairs so that they are aware of our intention.

Thank you again for your advocacy on behalf of refugees and asylum seekers in the rainbow community.

Ngā mihi

Ian McKelvie

Chairperson Governance and Administration Committee

The Births, Deaths, Marriages and Relationships Registration (BDMRR) Bill returns to Parliament this week. Trans asylum seekers, refugees and migrants are some of the groups most often asked to show a photo ID to prove their immigration status in Aotearoa. Yet they are currently excluded from the Bill’s provisions. It’s not too late to commit to addressing this gap.

Rainbow Path’s recommendations about the BDMRR Act

Rainbow Path made a written and private oral submission in support of the Select Committee Inquiry into  Supplementary Order Paper 59 but also noted significant gaps left by the proposed changes to the Births, Deaths, Marriages and Relationships Registration Act 1995.

The need for a NZ Identity document with the correct name and gender marker has become even more important now that we have Vaccine Passes. People are likely to be asked more often to show a photo ID to verify that the Vaccine Pass they present belongs to them. This will be another barrier for trans and intersex people whose overseas IDs have the wrong name and/or gender marker. 

In our submissions, and the wider campaign supported by Gender Minorities Aotearoa, Rainbow Path made three related recommendations. These were to ensure that all trans and non-binary people born overseas can access a New Zealand ID with their correct name and gender, through a simple administrative process based on self-determination. Specifically, we recommended that:

1. permanent residents, who currently can amend these details, should retain that right – but with a simplified process too.
2. trans asylum seekers and Convention refugees on temporary visas should be able to obtain a document with these correct details, such as a Certificate of Identity or Refugee Travel document issued by the Department of Internal Affairs or Immigration NZ and
3. migrants on temporary visas should be able to get some form of New Zealand ID as well. 

What did the Select Committee recommend?

Rainbow Path was really glad to see this first recommendation in the Select Committee’s report:

• “That the Government commit to pursuing a solution that would allow overseas-born New Zealanders to register a nominated sex, and to carrying out further consultation with relevant individuals and groups to this end.”

Does this recommendation include asylum seekers or refugees?

It is very unclear to Rainbow Path whether this recommendation includes all overseas-born New Zealanders, specifically asylum seekers and refugees and migrants who are here on temporary or time-bound visas. 

We are very concerned that this may exclude asylum seekers and refugees at the point when they are most vulnerable to discrimination and struggle to open a bank account, find accommodation or get work without a usable identity document.

Our concerns are because:

• There is no mention of asylum seekers and refugees in the Select Committee’s report and
• in the Department of Internal Affairs’ report to the Select Committee its advice around the Select Committee’s first recommendation was focused solely on New Zealand citizens and permanent residents born overseas. 

What did the Department of Internal Affairs advise the Select Committee about asylum seekers and refugees?

The Department’s report specifically notes that “expanding access to documentation beyond citizens and permanent residents is beyond the scope of the Act”. It does note, however, that:

• “Work is already underway with Immigration New Zealand at an operational level to address how best to assist transgender asylum seekers (who are on timebound visas) with gender recognition documentation while they await confirmation of refugee status (and thereafter permanent residency).”

Rainbow Path is aware of that work because it has resulted from our continued advocacy for nearly three years, and has required multiple letters to Ministers and departmental officials. Now is a vital opportunity for the government to signal a commitment to addressing these concerns within the same time frame as the regulations being developed to support this Bill.

This will require thinking outside the restrictions of current policy settings or interpretations. Legal gender recognition should be available to any trans or intersex person in Aotearoa, whatever their immigration status. That is the international human rights obligation set out in the Yogyakarta Principle 31 and the practical step needed to ensure all trans or intersex people here can navigate everyday life with safety, dignity and respect.

Why this is even more important due to COVID-19

Trans asylum seekers and refugees without accurate identity documents are one of the groups struggling to obtain a Vaccine Pass that they can safely use. This highlights yet again why trans and intersex people born overseas need a New Zealand identity document with their correct name, photo and gender marker.

Rainbow Path has recommended that trans and intersex asylum seekers and Convention refugees should be able to self-identity their name and gender on Certificates of Identity and Refugee Travel documents. This is an important interim step, as these may be the only NZ photo IDs that some asylum seekers and refugees can obtain.

However, there is very limited recognition of these documents in Aotearoa, even though they are official NZ travel documents. For example, they aren’t included as documents you can use to sign up for My COVID record.  If they are not listed as accepted forms of official IDs there, it’s even less likely that they will be accepted by venues and service providers.

Rainbow Path has asked the Government to:

• clarify that the work signalled in the first recommendation in the Select Committee’s report covers any trans or intersex person born overseas who is living in Aotearoa and
• commit to introducing legal gender recognition solutions for trans and intersex asylum seekers, refugees and migrants between now and when amendments to the Births, Deaths, Marriages and Relationships Registration Act 1995 commence in 2023.

Rainbow Path members will be glued to our screens when the Bill returns to Parliament this week. We hope that this will be a moment that all of our trans and intersex communities can celebrate. Rainbow Path welcomes any opportunities to work meaningfully with Ministers, government officials and other trans and intersex community organisations to achieve legal gender recognition for us all.

The Select Committee report covers other issues raised by submitters too. Gender Minorities Aotearoa has written this blog analysing the Select Committee’s responses to the key points made in their submission.

Midnight this Tuesday 14 September is the closing date for submissions on the Births, Deaths, Marriages and Relationships Registration (BDMRR) Bill.

Rainbow Path supports this Bill. It is a huge step forward for trans and non-binary people born In Aotearoa. However, it excludes most trans, non-binary and intersex asylum seekers, refugees and migrants.

Together we can push for legal gender recognition for ALL of our communities.

What’s wrong with the Bill

The Bill will make the process for changing sex details on a NZ birth certificate much simpler, based on a person’s self-defined identity. However, it:

• fails to introduce any form of legal gender recognition for asylum seekers and refugees on temporary visas and
• removes existing rights for quota refugees and migrants who have permanent residence.

What you can do

The Select Committee is asking people to make submissions on the final proposed changes to the BDMRR Bill. Those changes are contained in Supplementary Order Paper (SOP) 59. One of the examples mentioned explicitly on the Select Committee’s website explains how the SOP affects people born overseas. That proposed change says:

• “that the self-identification provisions cannot be used to change the individual’s birth records from another country”.

This means that legal gender recognition issues for asylum seekers, refugees and migrants are part of the Select Committee’s Inquiry.

In our last blog, Rainbow Path explained the different issues each of these groups may face. Now that we have the wording of the SOP, we have developed some specific recommendations for the Select Committee.

Rainbow Path is asking for your support for these three issues and recommendations

Step 1: Read Rainbow Path’s key points and recommendations

Below is a summary of Rainbow Path’s submission. People are very welcome to say you support our submission.

1. The SOP and the Bill remove permanent residents’ existing right to legal gender recognition

• Permanent residents born overseas will no longer be able to go the Family Court to get a Declaration as to Sex that has their correct sex recorded, based on their gender. This removes two existing rights:
  • Permanent residents who were born in other countries that have a gender recognition law (e.g. the UK), used that Declaration as to Sex from the NZ Family Court as evidence to change their birth certificate overseas. They will no longer be able to do that.
  • Permanent residents could use this Declaration as to Sex in Aotearoa as proof of their correct sex / gender. This is especially important for people whose overseas passport has their old name and/or sex marker.
• This is a backward step for permanent residents, including quota refugees (who arrive here as permanent residents)

Recommendation 1:

• That the NZ government ensures permanent residents retain their right to obtain official documents with their correct gender and name, through an administrative process based on self-determination (self-identification) so that it is consistent with the changes the Bill is making for other trans, non-binary and intersex people in Aotearoa.

2. The SOP and Bill provide no options for asylum seekers and Convention refugees on temporary visas

The current legal situation

Asylum seekers and Convention refugees on temporary visas cannot change their name in Aotearoa or go to the Family Court to get a Declaration as to Sex. The SOP and Bill will continue to explicitly exclude them because they were born overseas.

• When an asylum seeker is recognised as a Convention refugee, New Zealand accepts that it is unsafe for this person to return to their country of origin and that they have nowhere else to go. Aotearoa is their home, and yet they cannot obtain an official document with their correct name and sex / gender marker.

What Rainbow Path has been lobbying for

Rainbow Path members have been lobbying since 2018 for asylum seekers and Convention refugees to be able to obtain official documentation with their correct name and sex / gender marker. Without such documents, they face immense barriers trying to access basic fundamental services, and potential danger every time they use outdated ID from their country of nationality.

• This official document must not include the trans person’s original name or sex marker or in any other way disclose that they are trans. Doing so would pose significant safety risks for those fleeing persecution for being transgender, including for partners or family members overseas. This is why a document like a name change certificate is not a suitable option for transgender refugees and asylum seekers to use on its own to verify their identity.
• A certificate of identity with the correct name and gender is potentially one solution, as it is a document that both the Department of Internal Affairs and Immigration NZ can issue for some asylum seekers people in Aotearoa on temporary visas. A refugee travel document from the Department of Internal Affairs can be issued to someone after their refugee status has been confirmed.

Recommendation 2:

• That the NZ government issues trans, non-binary and intersex asylum seekers and Convention refugees on temporary visas with an official document with their correct name and gender e.g. a certificate of identity issued by the Department of Internal Affairs and/or Immigration NZ.

3. The Bill provides no options for other migrants in NZ on temporary visas

The current legal situation

• The existing Family Court process, the SOP and the Bill all exclude migrants living in New Zealand who are on temporary visas. Some may have lived in New Zealand for a long time.
• Trans and non-binary people born overseas, particularly people of colour, are regularly asked to show their passport to prove their immigration status, including their ability to work or study here. They face significant challenges when they have no New Zealand documentation with a name and gender / sex marker that matches their affirmed gender.
• Rainbow Path supports the need for a legal gender recognition process for these migrants too based on self-identification, for example through a statutory declaration process.
• There is a growing number of countries overseas that allow migrants on temporary visas to change their name and/or sex details after living in the country for a minimum number of months or a year.

Recommendation 3:

• That the NZ government explores options for migrants on temporary visas to be able to obtain an official document with their correct name and gender through a simple, administrative, self-declaration process.

Step 2: Explain why these issues are important to you

It is really important to not just copy and paste our blog post. Use your own words to describe why these issues are important.

Share your personal experiences, and your hopes that the government will ensure any trans, non-binary or intersex person living in Aotearoa can have an official document with their correct name and sex marker.

If you don’t know a lot about the experiences of asylum seekers and refugees, there are still things you can say. Here are just two examples.

• Most trans or non-binary people born in Aotearoa also know what it’s like not having a birth certificate with your correct details. Many have been able to change your NZ passport and use that as an ID, because that process is already based on a simple self-declaration form. Imagine what it’s like for someone who can’t change their name or sex details details on an overseas passport (or birth certificate) and isn’t eligible for a NZ passport because they are not a NZ citizen.
• Migrants who aren’t trans will know how often people ask you to prove your immigration status in Aotearoa. Imagine what that’s like when none of your documents have a name, sex marker or photo that sounds or looks like you.

Step 3: Make a submission online

Gender Minorities Aotearoa:

• has a general guide to making submissions to Select Committees.
• wrote a specific BDMRR submission guide and
• has put their submission on the SOP on their website.

Send your submission to the Select Committee before midnight this Tuesday 14 September.

• You can write your submission directly into the online form on the Select Committee’s website, or upload a file there.

Thanks a lot for your support – together we can do this!

Rainbow Path has been lobbying for almost three years for legal gender recognition, so that trans and non-binary asylum seekers and refugees can obtain official documentation confirming their name and gender.

Refugees and asylum seekers are continually asked to show our identity documents to prove who we are and that we are legally able to stay in Aotearoa NZ. Yet most trans and non-binary asylum seekers and refugees have to use ID documents that have the wrong name and/or gender marker. Most have us arrived from a country where it is not possible to change our name and/or gender marker – and Aotearoa NZ doesn’t allow anyone to change their name till they are a permanent resident here. This creates huge barriers including trying to open a bank account so we can get an emergency benefit, or convincing an employer that the work visa we are showing them was issued to us.

Rainbow Path supports the Births, Deaths, Marriages and Relationships Registration (BDMRR) Bill that will make it simpler for people born in Aotearoa NZ to amend their birth certificate. We have lobbied against the Bill’s proposal that legal gender recognition is limited to people born here. Permanent residents must retain the right to obtain a formal NZ document confirming their correct name and gender.

On its own, the Bill is not enough. There are also changes needed to other laws and policies, so that every trans and non-binary person living in Aotearoa has access to legal gender recognition – including asylum seekers and refugees and migrants on temporary visas. Rainbow Path has been lobbying on these specific issues for almost three years.

Rainbow Path recently helped Gender Minorities Aotearoa update its submission guide on the BDMRR Bill highlighting some of these remaining gaps. When the final Bill comes out this month, we are asking others to raise these issues too.

It is also important that submissions do not conflate the experiences of all people born overseas; for example, by making generalised statements about “trans migrants, refugees and asylum seekers”. There are differences between the experiences and legal barriers faced by each of these groups. Some are based on whether a trans or non-binary person is on a temporary or permanent visa or is a NZ citizen, and whether they are able to achieve any form of legal gender recognition in their country of birth or nationality. Listen to the diverse experiences of those who are directly affected by gaps in current laws and policies, and their recommendations.

Read more in Gender Minority Aotearoa’s submission guide – under the three separate sections about legal gender recognition issues faced by:

• asylum seekers and Convention refugees on temporary visas
• migrants on temporary visas and
• permanent residents born overseas.