Section 61
Unlawful people in New Zealand may be able to make Section 61 requests to request a new visa under the Immigration Act 2009.
Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation to leave New Zealand and are liable for deportation under the Immigration Act 2009. A person who is unlawfully in New Zealand has no lawful ability to make an application for a further visa.
Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of Immigration and to senior immigration officers) with the power, in his or her absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are subject to a deportation order).
If an unlawful person requests a visa under section 61, there is no obligation to consider the request or make any further inquiries.
INZ has established a dedicated team of senior immigration officers to deal with section 61 requests.
When a request is considered, the Act specifically states that the decision maker is not required to give reasons for the decision. The person who made the request is also not able to access any recorded reasons under the Official Information Act or Privacy Act. However, brief reasons for decisions on individual cases are recorded by the deciding officer and are made available to the Ombudsman in the event of a complaint.
How Sunrise Immigration Services Can Help
At Sunrise Immigration Services, we understand the complexities and uncertainties surrounding Section 61 requests. While there are no guarantees with these requests, our experienced team can:
- Provide a confidential assessment of your situation
- Help prepare a comprehensive Section 61 request that presents your case in the best possible light
- Advise on supporting documentation that may strengthen your request
- Guide you through the entire process with compassion and professionalism
If you or someone you know is in New Zealand unlawfully and considering a Section 61 request, contact us for a confidential consultation to discuss your options.
Information sourced from: Immigration New Zealand - Section 61
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