Section 61 Requests: A Last Chance for Those Unlawfully in New Zealand

Being in New Zealand unlawfully is a frightening and uncertain experience. Once your visa expires, you lose the right to work, study, and live here legally. You cannot apply for a new visa through normal channels and face the constant risk of deportation. However, there is a potential lifeline: a Section 61 Request. At Auckland South Immigration Consultant (ASIC), we have extensive experience preparing these highly discretionary requests.

What is a Section 61 Request?

A Section 61 Request is a formal plea to Immigration New Zealand (INZ) to grant a visa to someone in the country unlawfully. Named after Section 61 of the Immigration Act 2009, it gives INZ the absolute discretion to grant a visa to an unlawful individual. This is not a standard visa application; it is a request for INZ to exercise a special power reserved for compelling cases.

Section 61 Requests

The Absolute Discretion of Immigration New Zealand

It is crucial to understand that INZ has no obligation to consider a Section 61 Request. They can refuse to even look at it and are not required to provide any reasons for their decision. This makes a Section 61 Request one of the most challenging and uncertain processes in New Zealand immigration law.

Success depends entirely on the strength of your case and the compelling nature of your circumstances. You need to convince INZ that your situation is so exceptional that they should exercise their discretion in your favor.

What Makes a Successful Section 61 Request?

There are no set criteria for a successful Section 61 Request. However, factors that INZ may consider include:

  • The reasons you became unlawful
  • Your ties to New Zealand
  • Your character and contribution to New Zealand
  • The best interests of any children involved

Why You Need Expert Help

Given the absolute discretion of INZ and the lack of a formal application process, a Section 61 Request must be prepared with utmost care and skill. The ASIC team can help you:

  • Assess your situation and advise on the chances of success.
  • Prepare a detailed and persuasive submission highlighting the unique aspects of your case.
  • Gather the necessary evidence to support your request.

If you are unlawfully in New Zealand, do not delay. Contact ASIC today for a confidential consultation. We can help you explore your options and determine if a Section 61 Request is the right path for you.

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