Section 61 Requests Guide
If you are in New Zealand without a valid visa, you are considered to be unlawfully in the country. This can happen if your visa has expired or a new visa application has been declined.
Being unlawful puts you at serious risk of deportation. However, under section 61 of the Immigration Act 2009, there may still be a discretionary pathway available to regularise your status.
It is not a standard visa application. The decision maker is not required to consider the request, respond to it, or provide reasons if it is declined. There is also no right of appeal or reconsideration.
A person may make a section 61 request where:
The request may be sent to Immigration New Zealand’s Section 61 Team or, in appropriate cases, directed to the Minister of Immigration.
Nobody has a right to be granted a visa under section 61 or to have their request considered. The decision is made in absolute discretion.
Compelling personal or humanitarian circumstances are not a legal requirement for making a request. However, the person’s circumstances and supporting evidence may affect whether the request is considered and whether a visa is granted.
Submissions must be complete, honest, and carefully structured.
Once declined, making repeated requests is often unsuccessful.
Visa Matters assists by:
DISCLAIMER: This guide is general information only and does not constitute immigration advice. You should seek advice based on your personal circumstances from a New Zealand licensed immigration adviser or immigration lawyer. To discuss your situation, book a Discovery Call with us.
When To Get Advice
Applying for a visa looks simple, but the fine print can cause problems. If you're unsure about eligibility, worried about the risks, or want the best chance of success, it's worth talking to a licensed adviser.
At Visa Matters, we'll review your situation, highlight risks, and prepare a strong application that meets Immigration NZ standards.
