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