Every year many people visiting or working in New Zealand become unlawful & subject to deportation due to visa expiry or visa applications being refused.
If you are in this situation, you can make a section 61 request for a visa to a special team at Immigration New Zealand
Becoming unlawful & facing the threat of deportation can be stressful.
If a person in New Zealand unlawfully doesn’t leave voluntarily, they may become liable for a deportation order being served on them by Immigration New Zealand (INZ).
This is a last resort and can result in the person being detained in police custody until they are deported.
People who are deported are banned from returning to New Zealand for up to five years. They are also required to refund the costs of their deportation if they did not pay at the time.
If you are in New Zealand unlawfully & want to regularize your status, we can request a further visa under section 61 of the Immigration Act. This is known as a section 61 request.
We can prepare strong legal submissions to support your visa application. This may involve reviewing your situation in New Zealand, supporting letters, further documentation & other documents to support your section 61 visa application.
Section 61 decisions are made using absolute discretion. This means INZ do not have consider a section 61 request, and do not have to give any reasons if they decline the application. You only have one chance to get this right.
Section 61 allows INZ to grant visas of any type. Clients may not necessarily be granted the type of visa they have asked for.
The process for assessing your request is different from assessing a visa application. All requests are handled by a senior immigration officer at the INZ Manukau Area Office.
Under the law, the INZ officer has no obligation to consider your request and does not have to:
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provide any reasons for their decision
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make any enquiries about the information you provide in support of the request
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grant a visa of the type or length you asked for — for example, they can give you a visitor visa instead of a work visa
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grant a specific visa even if you seem to meet the criteria for that visa.
In some cases supporting letters should be obtained & we can help you to obtain these & ensure they are going to be helpful to your case.
These reports & supporting letter should be prepared according to strict guidelines that we can provide in order to be effective.
Our advice & assistance can make a difference between success & failure for your section 61 application to New Zealand.
Strong legal representation is essential for anyone unlawful & seeking to remain in New Zealand.
Voluntary Departure
If a person who is unlawfully in New Zealand is not granted a further visa under section 61 the person should depart voluntarily, as required by the Immigration Act. People who leave voluntarily can immediately re-apply offshore for a visa. Their suitability for being granted a visa will depend on their individual circumstances.
If you are in this situation we can also arrange the voluntary departure with INZ to ensure your exit from New Zealand runs smoothly.
