If your visa has expired and you are now in New Zealand unlawfully, you may be able to request a visa under section 61 of the Immigration Act 2009. This is a special case process, used only where no other visa options are available.
A Section 61 request is discretionary and carries significant risk. It should only be considered with a full understanding of the consequences.
A Section 61 request allows Immigration New Zealand to grant a visa to a person who is unlawfully in New Zealand and otherwise liable for deportation (unless a deportation order has already been issued).
It is not a standard visa application. It is a request for Immigration New Zealand to exercise absolute discretion to grant a visa as a special case. There is:
Making a Section 61 request alerts Immigration New Zealand to your unlawful status.
If the request is declined:
You must leave New Zealand immediately
You may be issued a deportation order
You may be detained and removed from New Zealand
A Section 61 request does not stop deportation and is not a way to remain unlawfully in New Zealand.
If a Section 61 request is considered, Immigration New Zealand may look at factors such as:
Each case is assessed on its own facts.
There is no official checklist. However, a well-prepared request usually includes:
A clear personal statement explaining your circumstances
Evidence supporting why you became unlawful
Proof of ties to New Zealand (family, work, community)
Evidence of contribution or future benefit to New Zealand
Any humanitarian factors, including the impact on family members
The request must present a full, honest, and balanced picture.
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:
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