Behind the Scenes: Overstayers, Deportation and S61 Cases in New Zealand Immigration

New Zealand has a robust immigration system in place to help maintain lawful entry and residency for New Zealand civilians and visitors. To gain legal access to New Zealand, you will need to apply for and be granted an NZ visa.

Temporary visas allow visitors to stay in New Zealand for set amounts of time. These visas are often used for work, education and so on. However, if you remain in New Zealand past your visa expiry date, then you risk deportation or other consequences. 

If you are overstaying in NZ or are being faced with deportation for other reasons, there are potential solutions available for you. We at Auckland South Immigration Consultants specialise in helping our clients with visa matters, and our immigration advisers are here to help. 

Unlawfully Overstaying In New Zealand

Overstayers are individuals who are residing in New Zealand after their visa has expired. You are required to be out of New Zealand by the time your visa expires. However, sometimes, people may overstay intentionally or unintentionally. Here are a few common reasons why individuals stay in Aotearoa past their visa expiry date:

• Misunderstandings: An individual may not fully understand their visa terms, including regulations and deadlines. They may overstay unintentionally. This is why it is essential that you fully understand the terms of your visa so you know what you can and cannot do and when you need to leave.
• Financial Hardships: Unexpected financial challenges can make it difficult for individuals to afford to travel and stay in another country, even if they already have their return ticket. This can cause them to remain in NZ longer than they are allowed to.
• Family Situations: Many people choose to visit New Zealand to see relatives. Personal circumstances, such as a desire to support NZ family members or attend to unexpected family emergencies, can compel people to stay beyond their visa expiration dates.

If you stay past your NZ visa expiration date, then you may lose lawful status and have limited access to NZ services, employment, and protections. You may also risk deportation and lasting impacts on future NZ visa opportunities.

Overstaying is serious, but we at Auckland South Immigration Consultants are here to assist you. Our immigration advisers can go over your situation with you to determine potential solutions for your case. We will provide you with advice that is tailored to your specific situation, guiding you through the legalities of immigration and what you could do.

One option for overstayers in New Zealand is to submit a Section 61 request. 

What Is Section 61?

A Section 61 request is a discretionary process that allows unlawfully overstaying individuals to request a visa. This is a very serious process, so all matters are discreet and private. The Section 61 visa request is submitted to the Minister of Immigration, who can refuse to consider the request, view and then reject the request or view and then grant the visa.

There are some individuals who are not allowed to be granted visas with a Section 61 request:

• An individual unlawfully residing in New Zealand is legally required to exit the country.
• A refugee applicant, or someone whose application has been declined, who had a temporary visa.
• An individual with a limited visa that has not expired.
• An individual with a deportation order.
• An individual falling within Sections 15 or 16 unless there is a specific directive.

It is also important to note that the one who is deciding whether to ignore your request or grant you a visa has no obligation to ask about the details of your situation, and they are also not required to provide reasons for rejecting or accepting your request.

Deportation In New Zealand

Deportation orders can be served to individuals for several reasons, including but not limited to: 

• Overstaying your visa.
• Staying with a fraudulent visa or a visa granted by mistake.
• Staying with a visa granted under a false identity.
• Breaching your visa conditions.
• Criminal offending.

For an extensive list of reasons for deportation and further information, please visit our page on deportation and appeals.

Deportation orders can be appealed through the Immigration and Protection Tribunal. We at Auckland South Immigration Consultants can provide you with immediate advice on your legal rights and options, guiding you through potential pathways you could take to improve your situation. We can prepare and submit an appeal and advocate for alternatives to deportation.

Avoiding Overstaying Your Visa

If you are in New Zealand on a temporary visa, or you plan to visit with a visa soon, be sure you understand exactly when your visa expires. You can find this information in your passport or in the eVisa letter you are sent when you are granted your visa. If you need to stay in NZ past your expiry date, then you can apply for another visa. 

Auckland South Immigration Consultants: Immigration Assistance You Can Depend On

Whether you are currently dealing with unlawful overstaying, you are interested in applying for a visa or you have other visa concerns to discuss, our team is always here to help. We welcome you to contact our immigration advisers through our contact page or call us on 0800168472 for support.

Handle your visa case with confidence with help from Auckland South Immigration Consultants.