The Law That Gives Unlawful Residents a Pathway
Section 61 of the Immigration Act 2009 allows a person who is unlawfully present in New Zealand to request that an immigration officer grant them a visa. There is no automatic right to a visa under this section — the decision is entirely at the officer's discretion.
This means the strength of your Section 61 request is everything. INZ is not required to approve it, and a poorly prepared request that fails can trigger immediate deportation proceedings. Our licensed advisers specialise in building Section 61 requests that present the most compelling case possible for the officer to exercise their discretion in your favour.
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Who Uses Section 61 Requests?
Section 61 is used by people in a range of situations where their lawful status in New Zealand has lapsed or been lost.
Visa Overstayers
Your visa expired and you remained in New Zealand — whether by a few days or many years. Section 61 is often the primary available pathway to regain lawful status without leaving the country.
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Visa Cancelled or Lapsed
Your visa was cancelled by INZ — for a condition breach, misrepresentation, or another reason — and you are now unlawfully present. Section 61 may be available before or alongside other remedies.
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Arrived Without Entry Permission
Arrived in New Zealand without a valid visa or entry permission. While a difficult situation, Section 61 may still be available depending on your circumstances and the strength of your case.
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Failed Residence Application
Your residence visa was declined and you have no remaining appeal rights or alternative visa pathways — but you have strong ties to New Zealand that make departure genuinely difficult or harmful.
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Missed Application Deadlines
You failed to apply for a new visa before your current one expired — perhaps due to illness, family circumstances, or an oversight. Section 61 can provide a route back to lawful status.
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Deportation Proceedings Underway
A Section 61 request can be made even when deportation proceedings have begun — and if approved, it can halt the process. Speed is critical in these situations. Contact us immediately.
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What Does INZ Consider When Deciding?
Because Section 61 is entirely discretionary, there is no fixed checklist that guarantees approval. However, INZ officers consistently give weight to a range of humanitarian, personal, and practical factors when exercising their discretion.
A strong Section 61 request does not just describe your situation — it presents a structured, persuasive case that directly addresses each of these factors with specific evidence. Our advisers know what INZ looks for and how to frame your case to give you the best realistic chance of success.
Build Your RequestFactors INZ Considers
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Length of time in New Zealand
How long you have lived here — including your lawful and unlawful periods of residence.
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Family ties in New Zealand
Whether you have a partner, children, or close family in NZ — especially NZ citizens or residents, and dependent children born here.
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Hardship if removed
The impact that removal would have on you and your family — financial hardship, separation from children, medical needs.
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Circumstances in your home country
Whether conditions in your country of origin make return genuinely difficult — safety concerns, lack of family support, economic hardship.
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Employment & community contribution
Your work history, tax contributions, community involvement, and integration into New Zealand life.
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Reason for unlawful status
Why you became unlawful — and whether the circumstances were beyond your control or reflect a deliberate breach.
Why a Weak Request Can Make Things Worse
A Section 61 request that fails does not simply leave you where you were. An unsuccessful request can signal to INZ that you have exhausted available options — and make it easier for them to proceed with deportation. This is why the quality of your request matters enormously.
INZ officers are experienced in identifying generic requests that are not tailored to the individual's situation. A request that reads like a template, omits key evidence, or fails to directly address why discretion should be exercised in your favour is very unlikely to succeed.
We prepare every Section 61 request as though it is the only opportunity you will get — because it often is.
Get Expert HelpA Strong Section 61 Request Includes:
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A clear, honest account of your situation
How you became unlawful, for how long, and any extenuating circumstances — presented candidly and without gaps.
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Compelling humanitarian factors
Evidence of family ties, hardship, medical needs, children's schooling, and community connections — the human story that makes removal unjust.
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Evidence of New Zealand ties
Employment records, tax history, community involvement, rental agreements, bank statements — proof of your life built here.
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Supporting character references
Letters from employers, community leaders, religious organisations, or others who can speak to your character and contribution.
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A specific visa being requested
The request must identify the type of visa being sought — a Section 61 request is not open-ended; it asks for a specific grant.
Our Approach to Section 61 Requests
We review your full immigration history, the circumstances of your unlawful status, and all your ties to New Zealand — and give you an honest assessment of your prospects.
We advise on which visa type is most appropriate to request under Section 61 — getting this right is important, as INZ will only consider the specific visa requested.
We draft a thorough, structured written request with all supporting evidence — tailored specifically to you, your family, and the factors INZ is most likely to weigh favourably.
We lodge the request and remain by your side throughout — responding to INZ queries, escalating if necessary, and advising on next steps whatever the outcome.
Frequently Asked Questions
Unlawfully in New Zealand and unsure what to do? Contact us now — the earlier we can help, the stronger your options.
Ask an AdviserNo. Section 61 gives INZ the power to grant a visa to an unlawfully present person — but there is no obligation on INZ to do so. The decision is entirely at the immigration officer's discretion. This is why the quality of your request and the strength of your circumstances are so important. There is no automatic entitlement, only an opportunity to be considered.
Yes — and in fact, a longer period of unlawful residence can sometimes support rather than harm your case, particularly if you have built strong ties to New Zealand during that time. Family connections, long-term employment, community involvement, and the hardship that removal would cause all carry weight. We assess your specific history honestly and advise on the realistic prospects of success.
A Section 61 request does not automatically halt deportation proceedings — INZ can continue with deportation while the request is being considered. However, in practice, INZ will often await the outcome of a Section 61 request before proceeding with removal, particularly where the request is substantive and well-prepared. If deportation proceedings are underway, contact us immediately — time is critical.
You must specify the type of visa you are requesting — for example, a visitor visa, work visa, or resident visa. The request should be realistic given your circumstances and what you are eligible for. We advise on which visa type gives you the best chance of approval and structure the request accordingly.
There is no right of appeal against a declined Section 61 request to the Immigration and Protection Tribunal. However, depending on your circumstances, other options may still exist — including a Ministerial intervention request, judicial review if the decision was made unlawfully, or a fresh Section 61 request if circumstances have materially changed. We advise on all available pathways after a decline.
Leaving New Zealand while unlawfully present will typically trigger a stand-down period — meaning you cannot return to New Zealand for a specified time, often between 12 months and 5 years depending on how long you were unlawful. For most people with established ties to New Zealand, a Section 61 request while remaining in the country is a better option than departing. We advise on the specific implications for your situation before any decision is made.
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