Section 61

Unlawful people in New Zealand may be able to make Section 61 requests to request a new visa under the Immigration Act 2009.

Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation to leave New Zealand and are liable for deportation under the Immigration Act 2009. A person who is unlawfully in New Zealand has no lawful ability to make an application for a further visa.

Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of Immigration and to senior immigration officers) with the power, in his or her absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are subject to a deportation order).

If an unlawful person requests a visa under section 61, there is no obligation to consider the request or make any further inquiries.

INZ has established a dedicated team of senior immigration officers to deal with section 61 requests.

When a request is considered, the Act specifically states that the decision maker is not required to give reasons for the decision.  The person who made the request is also not able to access any recorded reasons under the Official Information Act or Privacy Act. However, brief reasons for decisions on individual cases are recorded by the deciding officer and are made available to the Ombudsman in the event of a complaint.

If you do not leave New Zealand before your visa expires

Find out when your visa expires

You can find the date your visa expires in your passport or the eVisa letter we sent you when we granted your visa. You must leave New Zealand on or before this date.

If you need to stay longer

If you are in New Zealand and need to stay past the date your visa expires, you cannot extend your visa — instead, you must apply for another visa or a temporary visa before your current one expires.

To apply for a temporary visa, you must:

be in New Zealand

hold a current visa that is not a limited, interim or transit visa.

You should apply for another visa at least 1 month before your current visa’s expiry date.

How long it takes to process a visa application

If you stay after your visa expires

You are breaking the law if you stay after your visa expires. You:

cannot work or study, and will have no access to health care

may not be able to come back to New Zealand again if you are here without a visa for 42 days or longer

risk being detained or deported.

Your actions can also affect other people. For example, if family members or other people help you to stay in New Zealand they:

commit an offence under the Immigration Act 2009, and

may put their own immigration status at risk.

WARNING

The longer you stay after your visa expires, the greater the risk you run of being deported and of not being able to return to New Zealand in the future.

Actions you can take after your visa expires

If you are still in New Zealand after your visa expires, you can:

leave the country immediately, or

make a request for a special temporary or resident visa under section 61 of the Immigration Act 2009, but only if you believe you have a special case.

Making a Section 61 request

Requests under section 61 are only granted in some cases.

We cannot grant you a visa under section 61 if a deportation order has already been issued to you.

Section 61 of the Immigration Act 2009: Grant of visa in special case - New Zealand Legislation

How to make a request

Put your request in writing and email it to:

s61@mbie.govt.nz

Explain your circumstances as fully as possible and attach to your email any evidence to support your request.

Do not provide credit card details with your request. We will contact you for payment once your request is assessed and we decide to grant you a visa.

In your request include:

your personal details — your name, date of birth and Immigration New Zealand (INZ) client number

your contact details — email address, phone number and postal address

an explanation of why you are still in New Zealand after your visa has expired — for example, tell us why you could not return to your home country or go to another country to apply for a new New Zealand visa

details of your personal circumstances, such as your family or work, that support your reasons for wanting to stay in New Zealand

how staying in New Zealand could contribute to our country, particularly if you would like to stay here for a long time

what type of visa you would like — for example a visitor or study visa — and how long you would like to stay.

Supporting documents

When you email your request attach a copy of the personal details page in your passport. 

There are no other documents you must provide, but it is recommended to attach copies of any supporting evidence to back up any claims in your request. 

How we assess your Section 61 request

The process for assessing a Section 61 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 officer has no obligation to consider your request and does not have to:

provide any reasons for their decision

make any enquiries about the information you provide in support of the request or about other information Immigration New Zealand (INZ) holds about you

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

grant a specific visa even if you seem to meet the criteria for that visa.

How long it takes to assess your request

Each case is different and there is no time frame for assessing Section 61 requests.

If we refuse your request

You must leave New Zealand immediately. If you do not depart voluntarily, we can serve you with a deportation order and deport you.

Deportation liability and appeal rights

Appealing the decision

You cannot appeal a Section 61 decision. You can apply to the High Court for judicial review of the decision, but the judge can only consider Immigration New Zealand's decision-making process and not your circumstances.

If we approve your request

We approve your request in principle. You must pay the correct fee for your visa, and for anyone else included in your request, before we issue your visa.

Use our online 'Fees, decision times and where to apply' tool to find out what you will pay for your visa if we approve your request in principle. Search for 'section 61' and select the visa type that applies to you.

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