Special Cases – UNlawfully overstaying

 

About unlawfully overstaying

A Section 61 request is granted to an applicant who is unlawful in New Zealand. Decisions under Section 61 are granted under absolute discretion of the Minister of Immigration. This means that the case officer may:-
 

  1. Refuse to consider the request
  2. Consider the request and decline the visa
  3. Consider the request and grant the visa

 
People unlawfully in New Zealand are obligated to leave and do not have the same rights and protections as people who have obeyed the law. 

Legal Framework 
 
Persons not entitled to Section 61 visas are explained below:- 
 

  • A person who is unlawfully in New Zealand has a statutory obligation to leave the country and has no right to request for 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 for a visa under Section 61
  • A person holding a limited visa before its expiry may not request for a visa under Section 61
  • A person who has been given a deportation order is not entitled to a visa under Section 61
  • If a person comes within Sections 15 or 16 cannot be granted a visa under Section 61unless in accordance with a special direction
  • Under Section 11, the decision maker has no obligation to consider a visa request under Section 61
  • Under Section 11, the decision maker has no obligation to make enquiries regarding the circumstances of the person or any other person(s) requesting a visa under Section 61 or any information provided by or about that person or any other person(s)
  • Under Section 11, the decision maker has no obligation to provide reasons for any decision relating to a purported application, other than that Section 61(2) applies; and Section 27 of the Immigration Act and Section 23 of the Official Information Act do not apply 

email: help@asic.co.nz

WHAT WE DO

At Auckland South Immigration Consultants Limited, we are experts at assisting those who would like to migrate to New Zealand and Australia. Whether it is a skilled migrant visa, work to residence visa, work visa, essential skills work visa, residence visa or something else you want to obtain, our fully licensed immigration advisers can provide you with the advice you need. Below is a list of the visas and migration processes that we can help you with.

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.

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

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/Parent Catagory Visa

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

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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