Section 61 Request NZ: Eligibility, Process and Supporting Evidence

A Section 61 Request NZ is an exceptional request for a visa by a person who is unlawfully in New Zealand after their visa has expired. Understanding the Section 61 Request NZ process is essential for individuals seeking immigration options after overstaying their visas. It is not an ordinary visa application, and submitting a request does not automatically make the person lawful, stop deportation, or create a right to remain.

Under the Immigration Act 2009, the Minister of Immigration has absolute discretion to grant a visa of any type to an unlawful person who is not subject to a deportation or removal order. That power can be delegated to senior immigration officers. A Section 61 Request NZ should clearly explain the applicant’s circumstances and include relevant supporting evidence to help immigration authorities assess the request. However, approval is never guaranteed, and Immigration New Zealand is not obligated to consider every request.

A person whose visa has expired normally must leave New Zealand immediately. An unlawful person cannot lodge a normal further temporary visa application and may face Immigration Compliance NZ action from inside New Zealand, cannot work or study, may lose access to publicly funded health services except in limited circumstances, and may face detention, deportation, or a re-entry ban after 42 days of unlawful stay. A Section 61 request is therefore a last-resort immigration option, not a routine way to extend a visa.

This guide explains Section 61 New Zealand eligibility, the request process, the evidence to provide, possible outcomes, and why prompt professional advice matters.

What Section 61 Means in New Zealand

Section 61 New Zealand refers to section 61 of the Immigration Act 2009. The provision gives the Minister of Immigration discretionary power to grant a visa in a special case to a person who is unlawfully in New Zealand and is not subject to a deportation or removal order. A Section 61 Request NZ provides individuals who have overstayed their visas with an opportunity to request consideration of their immigration circumstances.

However, the person has no ordinary right to apply for a visa under section 61, and submitting a Section 61 Request NZ does not guarantee approval or prevent deportation. Immigration authorities have absolute discretion when deciding whether to consider or grant such requests. Preparing a Section 61 Request NZ involves explaining the applicant’s circumstances, providing relevant supporting documents, and presenting compelling reasons for discretionary consideration under New Zealand immigration law.

Section 61 Visa NZ and Immigration Law

A Section 61 Visa NZ is not a separate visa category. It is sometimes called a Section 61 Visa for Overstayers with fixed eligibility points. Section 61 may allow a decision maker to grant, subject to the relevant Section 61 Visa Requirements a visitor, student, work, or resident visa if the request is accepted in principle and the person meets the conditions attached to the visa that is granted. The decision maker is not required to grant the visa type or length requested.

Section 61 Immigration NZ decisions operate within New Zealand Immigration Law, but they are different from the ordinary assessment of a visa application. INZ says a Section 61 request is handled by a senior immigration officer and that the officer is not required to make further inquiries, provide reasons, or grant the visa requested.

The expression Section 61 Visa Application is often used informally, but the official process is a written request. Calling it an application should not create the impression that the applicant has a procedural right or that the normal visa criteria will be assessed in the usual way.

Absolute Discretion and No Automatic Right

The Section 61 Immigration Act 2009 power is described as Absolute Discretion Immigration NZ. This is Immigration Minister Discretion, not a guaranteed Discretionary Visa Grant. The decision maker may consider the information provided, but there is no obligation to consider every request or investigate every fact. The person making the request has the responsibility to provide all information that may be relevant.

The request does not suspend the person’s unlawful status. INZ specifically warns that making a request does not automatically stop deportation. A person may still be served with a Deportation Order New Zealand and removed while the situation is being managed. There is also no ordinary right of appeal if a Section 61 request is refused.

Who May Make a Section 61 Request

The central issue is whether the person is unlawfully in New Zealand and whether a deportation or removal order is already in force. Section 61 is not designed for a person who still holds a valid visa and simply wants to change conditions.

Unlawful Immigration Status and Overstaying

A person has Unlawful Immigration Status NZ. Visa Expiry New Zealand dates must be checked before travel or further work. when they remain in New Zealand without a valid visa. Unlawful Stay in New Zealand may arise after a temporary visa reaches its expiry date, after an interim visa ends, or after another lawful status ends without a replacement visa being granted.

Overstaying Visa NZ is more than an administrative delay. An Expired New Zealand Visa means the person has an obligation to leave. The current INZ guidance states that a person must leave immediately, cannot work or study, and risks detention and deportation.

A person should check the visa expiry date in the passport or eVisa letter. If more time is needed, the ordinary route is to apply for a new visa before the current visa expires. Waiting until after expiry can create Visa Overstay Consequences that a Section 61 request may not solve.

When Section 61 Is Not Available

A person cannot be granted a visa under Section 61 if a deportation order has already been issued. The legislation also refers to a person who is not subject to a removal order. This makes it important to seek advice and confirm the status of any notice received from INZ before preparing a request.

A person who is still lawful should not use Section 61 as a substitute for the ordinary visa process. A worker who needs a different employer, a student who wants a new course, or a visitor who wants a longer stay should usually apply under the correct visa instructions before expiry. If the visa is already expired, the person should not assume that lodging a normal online application will restore lawful status.

A Section 61 Visa Eligibility assessment therefore starts with legal status, the existence of any deportation or removal order, and the circumstances causing the person to remain. It does not guarantee that the underlying visa category would otherwise be approved.

Section 61 Request Process in New Zealand

The process is written and evidence-led. The person should prepare a focused request rather than send a short message saying that they want to stay. INZ provides a specific email address for these requests.

How to Make a Section 61 Request in NZ

To begin the Section 61 Request Process, put the request in writing and email it to s61@mbie.govt.nz. The subject and opening should clearly identify the request as a Section 61 Request New Zealand matter. INZ says the email should explain the person’s circumstances fully and include evidence supporting the request.

The request should state the applicant’s full name and describe any Section 61 Special Circumstances and Section 61 Request After Visa Expiry facts, date of birth, INZ client number if known, email address, phone number, and postal address. It should identify the visa held previously, its expiry date, the date the person became unlawful, and any contact or correspondence with INZ.

The applicant should explain why they remain in New Zealand after expiry. This may involve a serious family event, a medical or humanitarian circumstance, inability to return safely, an unexpected disruption, exploitation, or another circumstance that prevented a lawful departure or timely application. The explanation should be chronological and supported by documents.

The request should also state the type of visa sought, the proposed length of stay, the person’s family or work circumstances, and how the person’s continued stay could contribute to New Zealand. This does not mean that a job or family connection guarantees approval. It gives the senior officer the information needed to decide whether the case may be a special case.

Section 61 Request Letter and Email Evidence

A strong Section 61 Request Letter should be honest, concise, and organized under clear headings. It should not argue that INZ must approve the request. Instead, it should acknowledge the unlawful status, explain the cause of the overstay, identify the requested visa, and set out why discretion should be exercised.

The letter should address unfavorable facts as well as favorable ones. If the person worked unlawfully, used a false document, missed an immigration notice, or previously received immigration advice that was wrong, the matter should be disclosed and explained. Section 61 Request Evidence should support dates and statements rather than overwhelm the officer with unrelated records.

Do not include credit-card details with the request. INZ says it will contact the person about payment if the request is approved in principle. The visa fee is payable before the visa is issued, not simply because the person has emailed a request.

Supporting Evidence for Section 61

There are no additional documents that must always be attached beyond a copy of the passport personal-details page, but INZ recommends evidence supporting the claims. The right documents depend on why the person became unlawful and what visa is requested.

Section 61 Supporting Documents

Useful Section 61 Supporting Documents may include the passport identity page, current and expired visa records, eVisa letters, travel bookings, medical records, hospital or doctor letters, death or birth certificates, evidence of border disruption, court documents, employer records, and correspondence with an adviser or INZ.

If the request relies on Section 61 Family Circumstances, provide evidence of the family relationship, the family member’s status in New Zealand, caregiving responsibilities, dependency, and the effect of departure. A marriage certificate or birth certificate alone may not explain why the circumstances are exceptional. A clear statement from the affected family member, medical evidence, and proof of practical responsibilities may be more useful.

If the request relies on Section 61 Humanitarian Considerations, explain the risk, hardship, or unusual circumstance in specific terms. General statements that New Zealand is a better place to live are unlikely to be enough. Evidence should show why returning or applying offshore is difficult in this particular case.

Employment, Health, and Character Records

A person asking for a work visa should attach the proposed employment agreement, job offer, employer details, accreditation evidence where relevant, and proof that the person meets the visa’s skills, health, and character requirements. A job offer does not erase the overstay or create an entitlement to a visa, but it may help show a realistic lawful plan.

A person relying on a medical circumstance should provide current medical certificates, treatment records, appointment evidence, and an explanation of why the condition affected departure or visa planning. Health information should be relevant and proportionate. Do not send unrelated private records without a clear reason.

Character matters should be disclosed. Police certificates, court results, immigration notices, proof of departure from another country, or evidence of compliance may be needed if the request involves a criminal record, previous removal, or false information. Section 61 Request Assistance from a licensed immigration adviser or Section 61 Immigration Lawyer can be valuable where the evidence may reveal a separate character or deportation concern.

The applicant should label files clearly, provide certified translations where needed, and preserve the original documents. The request should explain any document that cannot be obtained. Missing evidence is safer when acknowledged than silently omitted.

How Immigration New Zealand Decides

A Section 61 decision is not a standard points-based assessment. The resulting Immigration Officer Decision is made under the special-case framework. The request is considered by a senior immigration officer under delegated discretion. The decision maker can grant a different visa type or a shorter period than the person requested.

Section 61 Decision Making and Consideration

Section 61 Decision Making is carried out by a senior immigration officer at the Manukau Office under the current INZ guidance. A dedicated Immigration New Zealand Section 61 Team handles these requests. The officer is not required to make inquiries about the applicant or other information held by INZ.

Section 61 Request Consideration is therefore limited by the material provided. The applicant should include all relevant facts in the first submission, including facts that may be unfavorable. An officer may decide not to consider the request, may grant a different visa, or may refuse it without giving reasons.

There is no published processing time. Section 61 Visa Processing can vary because every request is different and the process is not the same as a normal visa application. The applicant should not make travel, employment, or financial plans that depend on an immediate outcome.

Possible Approval or Refusal

A Section 61 Visa Approval normally begins with approval in principle. The person must pay the correct visa fee before the visa is issued. The grant may be for a visitor, student, work, or resident visa, but the officer does not have to grant the type or length requested.

A Section 61 Request Declined outcome means the person must leave New Zealand immediately. If they do not depart voluntarily, INZ may serve a deportation order and remove them. A refusal can therefore increase the practical urgency of arranging departure and obtaining advice about future immigration options.

The Section 61 Request Outcome and Section 61 Immigration Decision should be read carefully. The person should confirm the visa type, expiry, conditions, and any instructions about departure. If the request is approved, the person must comply with the new Visa Conditions and apply for any future visa before the new expiry date.

Risks, Deportation, and Alternatives

Remaining unlawful while waiting creates continuing risks. A Section 61 request is not a bridging visa and should not be presented as protection from enforcement.

Deportation Liability and Overstay Consequences

A person in unlawful status has an obligation to leave and may have Deportation Liability NZ. The Section 61 Deportation Risk continues even after the request is sent. INZ states that making a request does not automatically stop deportation and that a person may be served with a deportation order while the matter is unresolved.

An unlawful person may be detained, removed, prevented from working or studying, and restricted from returning. If the person remains unlawful for 42 days or more, they may be banned from returning to New Zealand. Family members or friends who help someone remain unlawfully may also face consequences under the Immigration Act 2009.

Voluntary departure before a deportation order may preserve better future immigration prospects than enforced removal, although a person should obtain advice about the individual consequences. A deportation record can affect later visa eligibility and may require a new disclosure or special direction.

Other Immigration Options and Advice

Before a visa expires, the correct option is usually to submit a normal application for an appropriate visa. An applicant who is still lawful may be able to apply for a work, student, visitor, partnership, or residence visa, depending on eligibility. If an application is made before expiry, an interim visa may sometimes allow lawful stay while the application is decided, but conditions depend on the situation.

After expiry, there may be no ordinary in-country route. Review Section 61 Immigration Options carefully. A person may need to leave New Zealand and apply from offshore. If exploitation is involved, the person should contact Employment New Zealand promptly because a Migrant Exploitation Protection Work Visa may be available in qualifying circumstances. That is distinct from a Section 61 request and has its own criteria.

A Section 61 Immigration Adviser or lawyer can provide Section 61 Immigration Advice should explain the risks, identify whether a deportation or removal order exists, check whether the person can lawfully depart, and help prepare a complete submission. No adviser can guarantee a Section 61 Visa Grant New Zealand outcome. Be cautious of anyone promising instant approval, asking for unexplained cash, or telling the person to hide the overstay.

A Section 61 request should be treated as an exceptional final option. The person must first confirm their status, stop unauthorized work or study, preserve evidence, and decide whether a request or voluntary departure is safer. The request should present a complete factual story, relevant family or humanitarian circumstances, a realistic visa plan, and documents that support each important claim.

The related guide Character Requirements for Visas explains police certificates, criminal history, false or withheld information, character waivers, special directions, and medical evidence. Those issues can affect a Section 61 request because the officer may consider the applicant’s broader immigration history and eligibility for the visa being sought.