Section 61 in New Zealand: Real Data, Real Options, and Expert Help

If your visa has expired or you’re unlawful in New Zealand, you’re not alone and you still have legal options. Between 2020 and mid-2025, over 34,000 people submitted Section 61 requests to Immigration New Zealand (INZ), seeking a pathway to become lawful again. Over 18,000 visas were approved, proving that overstaying doesn’t mean your case is hopeless.

This guide is based on official data received from Immigration New Zealand through an Official Information Act (OIA) request, submitted by Immigration Trust. It gives you facts, not fear and shows how expert guidance can dramatically improve your chances of success.

​Official INZ Data (Received 11 July 2025)

To verify the real trends behind Section 61 requests, Immigration Trust submitted a formal OIA request to Immigration New Zealand. INZ responded on 11 July 2025, providing five years of data on:
  • Number of Section 61 requests received annually
  • Who submitted them (self, lawyer, licensed adviser)
  • Types of visas granted
  • Nationality-based success rates
  • Approval rates by representative type
View the full OIA request and response on FYI.org.nz
(Submitted by Immigration Trust, received 11 July 2025) - We believe in transparency, and this link gives you direct access to the same data we use to support our strategy.

Key Stats: Section 61 Visa Approvals (2020–mid-2025)

​More than 70% of successful Section 61 outcomes were temporary visas - mostly visitor or work visas.

What This Means for You?

Section 61 i’s about regaining lawful status. It’s a reset that allows you to stay legally while you work toward longer-term goals.

We’ve helped clients:
  • Transition from overstayer to work visa holder
  • Use visitor visas to stay with family while preparing stronger applications
  • Secure time to appeal, reorganise, or apply under a different category

When Does Section 61 Lead to Residence?​

​Only 1,266 Section 61 requests led directly to residence over five years. Most of those involved exceptional circumstances, typically where:
  1. A deportation liability notice was issued
  2. The individual appealed to the Immigration Protection Tribunal (IPT) and won
  3. The case was referred to the Associate Minister of Immigration for residence under special direction
We specialise in this exact process - combining IPT appeal representation and Ministerial Intervention strategies to get residence when no other path exists.

Who Submits Section 61 Requests and Who Succeeds?

From the INZ response, we learned:
While unrepresented applicants had slightly higher overall approval rates, this often reflects simpler situations, not stronger strategy.
Our takeaway: The more complex your case, the more you need expert guidance.​

Which Nationalities See More Success?

Some nationalities consistently had higher Section 61 approval rates. According to INZ:
  • South Korea – 86%
  • Great Britain – 84%
  • South Africa – 80%
  • Philippines – 76%
  • Brazil – 72%
  • China – 68%
  • India – 65%
​We understand the cultural nuances and family situations that shape strong applications  and we tailor every request accordingly.

Humanitarian Grounds Work When Handled Properly

INZ often responds positively to:
  • Cases involving children in school
  • Medical conditions
  • Community support
  • Emotional hardship
But simply telling your story isn’t enough. It must be backed with documentation, case law, and a persuasive narrative under immigration instructions.
That’s where our clients see results others don’t - we prepare the right legal and human case.

Timing Is Everything

If your visa has already expired:
  • You cannot apply for a visa online
  • You must use Section 61 unless you leave New Zealand immediately
  • You should not wait - delays reduce credibility

​Why Immigration Trust?

Over 280 five-star reviews back up our commitment, compassion, and results.
“Many clients think it’s over once they become unlawful. That’s rarely true and the data now proves it.”

What Should You Do Now?

If you’re unlawful — or facing a decline, deportation, or uncertainty - let’s talk.

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100% confidential | NZ Licensed Advisers | Trusted for sensitive cases​

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Section 61 FAQs

What is a Section 61 request?
A legal process to request a visa if you're currently unlawful in New Zealand. It is discretionary and outside normal immigration instructions.

Can I get a work or visitor visa through Section 61?
Yes, these are the most common outcomes. Over 13,000 were granted between 2020–2025.

Can I get residence through Section 61?
Residence is rarely granted directly through Section 61. In most cases, it follows a successful Immigration Protection Tribunal (IPT) appeal, and is then approved through a Ministerial Intervention.
That said, statistics do show that resident visas are being approved under Section 61, but these are typically the result of Ministerial Intervention referrals, not standard requests.
​
Should I submit a Section 61 request myself?
You can, but complex or high-risk cases are better handled by experienced Licensed Immigration Advisers.
​
Where can I see the official data?
View our OIA request and INZ response on FYI.org.nz