Section 61 Requests Guide

Support to help you understand this discretionary pathway and what it involves

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.

SECTION 61 REQUESTS GUIDE – FAQ

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.

Requests may be made to INZ’s Section 61 Team or, in limited cases, directly to the Minister.

  • You are unlawfully in New Zealand
  • You have not yet been issued a deportation order
  • You have compelling personal or humanitarian circumstances
  • A detailed personal cover letter explaining your immigration history and how you became unlawful
  • Evidence supporting your circumstances, such as identity documents, relationship evidence, medical records, and employment history
  • Information showing the impact of deportation on you or your family

Submissions must be complete, honest, and carefully structured.

  • How long you have been in New Zealand
  • Your immigration history and compliance
  • The reason you became unlawful and how long you have been unlawful
  • Your ties to New Zealand
  • Any risk factors, including criminal history
  • The likelihood of you complying with visa conditions in the future
  • Making a Section 61 request alerts INZ to your unlawful status
  • If declined, you may be issued a deportation order
  • You cannot apply for a standard visa while unlawful
  • Emotional explanations alone are rarely sufficient

Once declined, making repeated requests is often unsuccessful.

Visa Matters assists by:

  • Assessing whether a Section 61 request is realistic
  • Preparing structured, evidence-based submissions
  • Avoiding common mistakes that lead to refusals
  • Giving honest advice about prospects and alternatives
Advisor

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.

 Contact our team to get help with your Section 61 Requests Guide

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