If you are in New Zealand unlawfully without a valid visa, a Section 61 Request may provide a chance to regain lawful status. This option is generally a last resort for those who have exhausted other avenues for obtaining a visa. While it offers little guarantee, a successful Section 61 Request can grant a visa and restore your lawful immigration status.
If your visa has expired and you’re now unlawfully in New Zealand, a Section 61 Request is an option for a visa as a special case. Under Section 61 of the Immigration Act, you may apply for a visa as a special case. Immigration New Zealand has full discretion over these requests and can choose whether to consider your application based on the circumstances you present.
To be eligible for a Section 61 Request, you must be unlawfully in New Zealand and not have had a deportation order issued against you. Immigration New Zealand will consider factors like your immigration history, why you became unlawfully present, the efforts made to resolve your status, and any new or compelling circumstances.
Step 1:
Assess your immigration status and reasons for becoming unlawful. Identify any changes or compelling reasons that make you eligible for a Section 61 Request. NZIL can review your specific circumstances and advise on the strength of your case.
Step 2:
Prepare a strong, well-documented case outlining your circumstances and the compelling reasons for your request. Include any new evidence or information. We can help create the Section 61 Request, ensuring all necessary evidence and arguments are included.
Step 3:
Submit the Section 61 Request to Immigration New Zealand, detailing all relevant information to strengthen your case.
Step 4:
Immigration New Zealand will review your request, and you may be granted a visa, which restores your lawful status.
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Learn how to navigate the complexities of Section 61 Requests with our expert-led webinar. Gain insights into how to best present your case, understand the eligibility criteria, and discover how NZIL can support you through the process of seeking a visa as a special case when you're unlawfully in New Zealand.
Prefer to make a direct enquiry rather than attend a webinar? This option offers you personalised assistance tailored to your specific situation. By choosing a direct enquiry, you'll save time and receive expert guidance from NZIL’s team on your Section 61 Requests. Whether you need help understanding your eligibility, preparing documents, or navigating the process, we’re here to provide clear, customised advice every step of the way.
This is a request made by a person who is unlawful in New Zealand but has not been served to deportation order seeking to regularise their status, which can include a request for residence or a temporary entry visa.
