Section 61 requests

This applies if you are unlawfully in New Zealand, and not subject to a deportation order, or otherwise excluded. A specialist team in Immigration New Zealand handles these situations via a Section 61 request. The objective of this request is to make you lawful again.

Requests for visas under section 61 are not “applications” within the scheme of the Immigration Act – there is no right to apply, no lodgement requirements or time limits that must be met and no immigration instructions that apply when considering a request.

A decision to grant a visa under section 61 is in the “absolute discretion” of the immigration, which makes a decision solely on the basis of the facts available and the submissions provided with the request.

Hence, it is for you to put forward your case to immigration in a manner that has the necessary grounds for consideration of your request.

We at Immigration Advisers New Zealand understand that you may have become unlawful unintentionally. Our cases studies regarding our successful handling of Section 61 requests will provide you with the confidence that you need to believe that all is not lost yet.

We will thoroughly explore your personal circumstances, and strongly advocate your case to Immigration New Zealand, and explain to them why you are a special case.

We are here to help you regain your status as a lawful stayer in New Zealand, so please feel free to talk to us about your situation.