200+
Overstay Cases Resolved
S.61
Immigration Act 2009
Fast
Urgent Applications
Licensed
Immigration Advisors
Urgent Warning
Are You Unlawfully in New Zealand?
If your visa has expired, every day matters
Being unlawfully present in New Zealand can result in deportation, a ban on re-entry, and damage to your future visa applications worldwide. However, Section 61 of the Immigration Act 2009 gives Immigration New Zealand (INZ) discretion to grant a visa even to someone who is unlawful — if compelling grounds exist. Do not ignore the situation. Contact us immediately.
What Is Section 61?
Section 61 of the Immigration Act 2009 grants the Minister of Immigration (or a delegated immigration officer) discretion to grant a visa to a person who is unlawfully in New Zealand, even when they would not otherwise qualify for one. It is not a right — it is a discretionary consideration based on your individual circumstances.
Who Can Apply?
Anyone who is unlawfully present in New Zealand — including those who overstayed their visa, had a visa cancelled, or entered without authorisation — may submit a Section 61 request. Strong humanitarian grounds, family ties to New Zealand, or compelling circumstances significantly improve the chances of success.
Common Overstay Scenarios
Visa expired while waiting for a decision on another application. Medical emergency prevented departure. Administrative error or miscommunication with INZ. Relationship breakdown after arriving on a partner visa. Unaware of visa conditions or expiry date. Each case is assessed individually.
How We Can Help
What Factors Does INZ Consider?
A well-prepared Section 61 request addresses each of these factors with evidence and legal argument.
Length of Time Unlawful
How long you have been unlawfully present and whether you have taken steps to resolve your status promptly.
Humanitarian Circumstances
Medical conditions, domestic violence, caring for NZ citizen family members, or other compelling humanitarian grounds.
Ties to New Zealand
NZ citizen or resident spouse/partner, dependent children, length of time lawfully in NZ prior to overstay.
Immigration History
Your overall compliance history, reasons for the overstay, and any previous immigration breaches or deportation orders.
Character Assessment
Whether you meet character requirements, including any criminal history in NZ or overseas that may affect the outcome.
Future Immigration Plans
Whether you have a clear pathway to a substantive visa (e.g. residence, partnership) that a bridging visa would support.
Our Process
How Dreams Immigration Handles Your Case
Urgent Confidential Assessment
We review your visa history, current status, and circumstances in a confidential consultation — no judgement, just solutions.
Strategy Development
We identify the strongest grounds for your Section 61 request and determine whether a bridging visa or alternative pathway is also available.
Document Preparation
We prepare a thorough written submission with supporting evidence — medical records, family documents, employment letters — to maximise your chances.
Submission & Follow-Up
We lodge the request on your behalf and actively follow up with INZ, responding to any requests for further information promptly.
Common Questions
Frequently Asked Questions
Can I be arrested while my Section 61 request is being considered?
Yes. Being unlawfully present means INZ can detain or deport you at any time. However, once a Section 61 request is lodged and acknowledged, INZ typically does not enforce removal while they are actively considering your case. We advise you to act immediately.
What is the difference between a Section 61 request and a visa application?
A standard visa application is available to people who are lawfully in NZ or applying from offshore. Section 61 is specifically for those who are unlawfully present and cannot apply for a visa through normal channels. It is a discretionary request, not a guaranteed right.
Will I be banned from New Zealand if my request is declined?
A declined Section 61 request may result in deportation and a re-entry ban. The length of any ban depends on the circumstances. If you are deported, you will generally need Ministerial approval to return. We aim to prevent this outcome with a strong application.
How long does INZ take to decide on a Section 61 request?
Processing times vary. Simple cases may be resolved within weeks; complex cases can take months. During this time you remain in NZ. We keep in regular contact with INZ to monitor your case and respond to any queries quickly.
Can my family members also stay while my request is considered?
Each person who is unlawfully present needs their own Section 61 request. If your family members are also unlawful, we can prepare combined or coordinated requests that reference the family unit as a humanitarian ground, which often strengthens all applications.
Act Now — Time Is Critical
Don’t Wait — Every Day Increases Your Risk
If you are unlawfully in New Zealand, contact us today for a confidential, non-judgemental consultation. We have helped hundreds of people in your situation resolve their status and stay in NZ.
