Ministerial Special Direction - Visa Matters

Ministerial Special Direction

Special Directions are one of the most powerful yet least understood tools available under New Zealand immigration law. These are discretionary powers that only the Minister of Immigration (or more commonly, the Associate Minister of Immigration) or their delegated representative can use to grant exceptions to standard immigration policy. When someone’s situation is not covered by the usual rules and all other options have failed, a request for a Special Direction may be their final chance.

What Is a Special Direction?

A Special Direction is a personal intervention by the Associate Minister of Immigration under section 378 of the Immigration Act 2009. It allows the Minister to override or waive immigration instructions (policies) in situations such as:

  • Granting a visa to someone who is unlawful in New Zealand
  • Waiving character or health requirements
  • Approving a visa as an exception to immigration instructions/policies
  • Cancelling deportation liability
  • Reinstating a visa that has lapsed

Special directions are granted sparingly, usually when there are compelling humanitarian or public interest reasons to do so.

Who Can Request a Special Direction?

Anyone who needs a visa can request a Special Direction. They are considered when:

  • There are urgent reasons to allow someone to travel to New Zealand who does not meet all requirements for a visa; or
  • All standard visa pathways have been exhausted; or
  • A person is facing removal or deportation from New Zealand; or
  • Their case involves serious humanitarian grounds, risk to health or family unity; or
  • There are strong public interest reasons allow someone to be in New Zealand.

Most requests are made by or with the help of a licensed immigration adviser or immigration lawyer.

What to Include in a Request

A persuasive Special Direction request includes:

  • A clear and compelling cover letter
  • A detailed explanation of the person’s immigration history
  • Documentation showing hardship, risk of separation from family, or health complications
  • Letters of support from employers, community members, or medical professionals
  • Evidence of contributions made to New Zealand (such as skilled work, community service, taxes).

There is no official form. However, the submission must be professional, easy to follow, and respectful.

No Guarantee of Outcome

The Minister is not legally required to consider the request or respond. There is no appeal if it is declined. It is a political decision as well as a legal one. That is why these submissions must be extremely well prepared — to maximise the chances of being read and taken seriously.

Common Misunderstandings

“It’s just another visa application.”

No. This is not part of normal immigration processing. The Minister’s powers sit outside the usual INZ system.

“If I explain my situation emotionally, I’ll get help.”

Emotion helps only when combined with structured, credible information. You need to prove your actual situation by providing compelling and credible evidence which proves that what you are saying is true.

“My friend got it, so I’ll get it too.”

Every case is unique. Outcomes depend heavily on timing, circumstances, and public interest considerations.

When a Special Direction Might Succeed

  • A family with deep ties to New Zealand is facing separation
  • A person with a serious medical condition would be at risk if removed
  • A parent of New Zealand citizen children cannot obtain a visa through the standard policy

Why You Need Expert Help

These are among the most sensitive and strategic submissions in immigration law. They require expert judgment, strong evidence, and a persuasive narrative.

At Visa Matters, we have prepared many successful Special Direction requests. We take time to understand your story and make sure your voice is heard respectfully and powerfully. We don’t submit weak or frivolous cases — we focus only on serious matters where there is a genuine chance of Ministerial intervention.

Why Choose Visa Matters

  • We write submissions that are concise, human, and strategic
  • We help clients who have exhausted all options but still have hope
  • We never make false promises — only honest advice

Don’t Delay

If your immigration case has hit a wall, and no other options are available, a Special Direction could be your last hope.

Contact Visa Matters today for a full assessment and professional help with preparing a Special Direction request.