Who Cannot Apply for a Visa
Not everyone is legally entitled to apply for a visa for New Zealand.
There are specific situations where Immigration New Zealand will not accept a visa application at all. Understanding these restrictions is important, particularly if your visa has expired or if there are serious character issues involved. In some cases, alternative discretionary pathways may still be available.
This most commonly happens when a temporary visa expires and no new visa has been granted. People who are unlawfully in New Zealand are generally not entitled to apply for a new visa under standard immigration instructions.
A section 61 request asks Immigration New Zealand or the Minister of Immigration to exercise absolute discretion to grant a visa despite a person being unlawfully in New Zealand.
This involves explaining why your circumstances are special and why you should be allowed to remain lawfully in the country. Immigration is not required to consider the request, respond to it, or provide reasons if it is declined. However, for many people without a valid visa, a section 61 request is their only pathway to becoming lawful again.
For example, people who have been sentenced to 12 months or more of imprisonment within the past 10 years are generally ineligible to apply for a visa under immigration instructions.
Other serious criminal histories may also prevent a person from lodging a visa application.
A special direction allows the Associate Minister of Immigration or a delegated maker to grant a visa to someone who would otherwise be ineligible. These decisions are highly discretionary and depend on the individual circumstances of the case.
Understanding whether you can apply for a visa, or whether you need to rely on discretionary pathways such as section 61 or a special direction, is critical. A poorly handled request can reduce your chances of success and affect future options.
Visa Matters can help you understand where you stand and advise on the most appropriate pathway based on your circumstances.
If you are unlawfully in New Zealand or concerned about your eligibility to apply for a visa, contact us for advice before taking any action.
Visa Matters. Where every visa matters.
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.
