Ministerial Special Direction

A Special Direction is an intervention under the Immigration Act 2009 that allows certain immigration requirements or restrictions to be set aside in exceptional circumstances.

It sits outside normal visa processing and is generally only considered when a situation falls outside standard policy, and no usual immigration pathway remains.

What a Special Direction Can Do?

A Special Direction may allow Immigration New Zealand to:

  • Grant a visa where a person would otherwise be ineligible
  • Waive specific health or character requirements
  • Approve a visa as an exception to immigration instructions
  • Cancel or prevent deportation liability
  • Reinstate a visa, vary visa conditions, or address other administrative requirements

Special Directions are discretionary and granted sparingly.

Who Can Request a Special Direction?

There is no automatic right to a Special Direction. However, a request may be appropriate where:

All standard visa options have been exhausted

A person is facing removal or deportation

A legal barrier prevents Immigration New Zealand from granting a visa

Serious humanitarian circumstances are involved

Family unity, health, or child welfare would be significantly affected

What a Strong Request Includes

There is no prescribed form. A well-prepared request typically includes:

A clear explanation of why standard immigration pathways cannot work

A complete and accurate immigration history

Evidence of exceptional hardship or compelling circumstances

Independent supporting documents (health, family, humanitarian factors, as relevant)

Information demonstrating strong ties to New Zealand and/or contribution to New Zealand

Submissions should be clear, factual, respectful, and carefully balanced.

Important Things to Understand

The Minister (or delegated senior officer) is not required to consider or respond to are quest

There is no appeal right if a request is declined

Decisions are discretionary and highly selective

Why choose Unite Immigration Services

What Makes a Strong Section 61 Request

Our team understands the emotional and legal challenges involved. We take the time to understand your personal story, assess your options, and prepare a compelling case. At Unite Immigration, we help clients:

Assess whether Section 61 is appropriate

Understand the risks before proceeding

Prepare clear, well-supported submissions

Avoid unnecessary disclosures or errors

Expert guidance for Complex Matters

While Special Direction decisions are made at a Ministerial or senior level, our expertise is in assessing whether a request is appropriate, preparing disciplined submissions, and presenting your circumstances clearly and responsibly for consideration.

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