Section 61 Requests

If you are in New Zealand without a valid visa, you are considered to be unlawfully in the country. This can happen for different reasons: your visa may have expired, or a new visa application may have been declined.

Being unlawfully in New Zealand puts you at serious risk of deportation.

However, there is still hope. Under Section 61 of the Immigration Act 2009, the Minister of Immigration (or a delegated immigration officer) has the discretion to grant a visa to someone who is unlawfully in New Zealand as a “special case”.

If you have not yet been issued a deportation order, you or your immigration adviser can request a visa under section 61, either from Immigration New Zealand (INZ) or the Minister.

A Section 61 request is not a visa application in the usual sense. It is a request for the Minister or INZ to exercise their absolute discretion to grant a visa. They are not obliged to consider the request, respond to it, or provide reasons if they decide to decline it. It is also not possible to appeal against the refusal of a section 61 request.

For these reasons, it is crucial that the request is well-prepared, complete, and compelling. You (or your immigration adviser on your behalf) need to explain your special circumstances and provide persuasive evidence to prove what you are saying is true.

Although INZ provides no checklist for Section 61 requests, a strong submission typically includes:

• A personal cover letter explaining your background, your reasons for becoming unlawful, and why you should be granted a visa
• Relevant documents such as identity documents, relationship evidence, medical records, employment history, and anything else that supports your case
• Any compelling humanitarian circumstances, including the impact of deportation on your children, spouse, or other family members

INZ has full discretion whether to approve a Section 61 request. They will usually look at factors such as:

• How long you have been in New Zealand
• Your immigration history
• The reason you became unlawful, and how long you have been unlawful
• Your ties to New Zealand
• Any risk factors such as criminal convictions or previous deportations
• Whether you would overstay another temporary visa if INZ approves you one.

The longer you stay unlawfully in New Zealand without requesting a visa under section 61, the more difficult it may be to be approved, especially if there is no reasonable explanation for this delay.

When you make a Section 61 request, you are alerting INZ to your unlawful presence. This means you may be issued a deportation order if the request is declined. If that happens, you could be detained and deported from the country.

That’s why it is critical to get professional advice before making a Section 61 request. A poorly prepared submission can permanently damage your chances.

• “I can apply for a visa online like normal.”
  Wrong. You cannot apply for a standard visa when you are unlawful. Section 61 requests must be sent directly to the Minister or to INZ’s Section 61 Team, which  handles them separately from visa applications.
• “I’ll just explain my situation and hope they understand.”
  That’s risky. Section 61 is not about sympathy. You need to make a structured, legally informed argument that convinces INZ to exercise discretion, supported by relevant evidence.
• “I can appeal if they say no.”
  There is no right of appeal or reconsideration for a declined Section 61 request. Once it’s declined, your only real option is to leave the country or to make another request (which may be a futile course of action).

A licensed immigration adviser experienced in Section 61 requests can:

• Help you gather the right evidence
• Frame your story in a way that aligns with immigration policy
• Avoid common mistakes that lead to refusals
• Give you an honest assessment of your chances

At Visa Matters, we specialise in complex immigration cases. We have successfully helped many clients regularise their status through Section 61 requests.

Our team understands the emotional and legal challenges involved. We take the time to understand your personal story, assess your options, and prepare a compelling case. Every situation is different, and we never use templates or generic letters.

Whether you became unlawful because of a mistake, delay, or personal hardship, we can help you put your best foot forward.

If you are unlawfully in New Zealand, don’t wait. The longer you delay, the harder it becomes to fix your status.

Contact Visa Matters today for a confidential consultation. We will assess your situation and advise whether a Section 61 request is the right step for you.