Unlawfully Overstaying

Do you know anyone currently residing in New Zealand without legal authorisation and in need of assistance? Individuals who are unlawfully overstaying in the country can extend their visa under the Section 61 immigration act NZ. It serves as a glimmer of hope for them.

This system is based on the Minister of Immigration’s absolute discretion, who has the power to make important decisions.

Those decisions could have a significant impact on the lives of these people. For those who have broken immigration laws, the Section 61 request offers some hope. However, the parameters imposed under the law are strict. The subtleties of the section 61 immigration process, its restrictions, and the decision-makers obligations are all covered In this page.

If your situation falls under 61 immigration act of NZ, you can contact Auckland South Immigration Consultants at any time. We will provide guidance on the subsequent steps to take. We shall also submit the request to immigration authorities. Our only goal with the request is to make you lawful again.

Section 61 Immigration Act NZ

The Section 61 visa request is the last measure for people living illegally in New Zealand. This discretionary procedure highlights the Minister of Immigration’s power to accept or reject such requests depending on the specific situation. The three potential outcomes of a Section 61 visa request expose the profound significance of the decision-maker’s responsibilities.

The case officer may:

 Not even consider the request.

 Consider the request and deny the visa.

 Consider the request and grant the visa.

Unlawfully Overstaying

Due to the seriousness of the circumstances, these decisions are made with complete secrecy. If you are overwhelmed by the details of the section 61 immigration act, you can contact your local immigration consultants and we will simplify the complexities for you.

Limitations and Exclusions In Section 61

Not all individuals unlawfully present in New Zealand are entitled to a Section 61 visa request. The legal framework explicitly outlines who may not avail themselves of this avenue. Those who hold a deportation order, individuals falling under Sections 15 or 16, and those who previously held limited visas but seek to extend their stay beyond the visa's expiry are all excluded from the Section 61 process.

Furthermore, refugee applicants or individuals whose applications have been declined and who previously held a temporary visa are prohibited from utilizing this route.

Below is a detailed outline of individuals not entitled to Section 61 visas:

• A person staying unlawfully in the country has a statutory obligation to leave New Zealand and he/she is also not eligible to request a visa under section 61.

• A refugee applicant or a person who is no longer an applicant because their application has been declined and who held a temporary visa is not entitled to request a visa under Section 61.

• A person holding a limited visa before its expiry may not request a visa under Section 61.

• A person given a deportation order is not entitled to a visa under Section 61.

• A visa under Section 61 cannot be granted to an individual falling within Sections 15 or 16, unless it aligns with a specific directive.

• In accordance with section 61, the decision-maker has no obligation to consider a request for a new visitor visa or any other visa that an individual previously held and has expired.

• The decision maker also has no obligation to enquire about the current circumstances of the person staying unlawfully.

• Under Section 11, the decision maker also has no obligation to provide reasons for any decision relating to a purported application other than Section 61(2) applies.

The Decision Maker's Discretion

The core of the Section 61 visa request procedure is summed up in Section 11 of the legal framework. It says that decision-makers have no obligation to consider such requests, inquire into the applicant's background, or look for more details. This clause further explains that, aside from decisions made in accordance with Section 61(2), the decision-maker is not required to give explanations for any decisions.

This is done on purpose to emphasize how flexible the process is, aligning with the overarching principle that absolute discretion is vested in the Minister of Immigration.

Although the Section 61 visa request procedure operates within the confines of the law, it is crucial to understand the wider aftermath of these choices. People living in New Zealand illegally are in a dangerous situation because they lack the privileges and protections that others enjoy.

Decision-makers must strike a balance between their discretion and their sense of humanity and compassion. Each case's specific circumstances demand a multifaceted approach that considers both legal requirements and the possibility of having a beneficial social impact.

The Section 61 visa application procedure in New Zealand is a prime example of the fine line that must be drawn between the demands of the law and the needs of the afflicted. The Minister of Immigration's unrestricted discretion reflects a complex web of factors. Those factors must be considered while determining the status of those who are present illegally.

While stringent in its restrictions, the procedure highlights the nation's dedication to preserving the law while acknowledging the difficulties that come with immigration. The Section 61 visa request procedure continues to be a key tool in determining New Zealand's immigration landscape as the country struggles to deal with the issues posed by those living there illegally.


As Auckland’s leading immigration Consultants, we are experts at assisting those who would like to migrate to New Zealand.

Whether it is a skilled migrant visa, work to residence visa, work visa, essential skills work visa, residence visa or something else that you require, our fully licensed immigration advisers can provide you with up to date information  and walk you  through advice.

Below is a list of the visas and migration options that we can help you with.

Work Visa

Visitor Visa

Assists you in coming over to New Zealand for a holiday or to stay in New Zealand temporarily. It is usually for visiting friends and relatives as well as sightseeing or could be for a dependent of a work visa or a student visa holder.

Visitor Visa

Student Visa

This enables a client to gain primary, secondary as well as tertiary education in New Zealand.  Auckland South Immigration Consultants Limited liaises with various recognised Tertiary Institutions to assist in career development in many occupations

Student Visa NZ

Work Visa

This could be through a job offer from a New Zealand employer, gaining Study to Work Instructions through a Graduate Job Search Visa or a Graduate work experience visa, joining a New Zealand resident or citizen as a partner or joining a student or work visa holder.

Residence Visa

A resident visa allows you to travel to and enter New Zealand anytime and allows you to stay in New Zealand Indefinitely.

Family/Partner Catagory Visa

Involves all types of visa applications. Talk to us today to see how we can help.

Skilled Migrant Visa

See the new changes to legislation for 2022/23

Paretnal Residence Visa

See the new changes to legislation for 2022/23

Special Cases

Pacific Access Category

New Zealand welcomes a number of citizens from the Pacific to settle in New Zealand each year.

Section 61 - Unlawful overstay

New Zealand welcomes a number of citizens from the Pacific to settle in New Zealand each year.

Domestic Violence

In cases of domestic violence, Immigration New Zealand may grant a special visa to allow continued stay in the country.

Deportation & Appeals

Deportation can be triggered by a number of factors. Let the team at ASIC see your situation and help.

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