What Is a Section 61 Request?​

A Section 61 request is a discretionary process under the Immigration Act 2009 that allows a person who is unlawfully in New Zealand (without a valid visa) to apply for a new visa under special circumstances.​
  • This is not a right, and Immigration New Zealand is not obliged to consider or explain their decision.
  • You cannot apply for Section 61 after being served a deportation order.
  • ​If your request is declined, you cannot appeal.

​Who Can Apply for Section 61 in NZ?​

You may be eligible to make a Section 61 request if:
  • Your visa has expired, and you're still in New Zealand unlawfully
  • You have compelling humanitarian, family, or hardship-related reasons
  • All other visa options have been exhausted
  • You have not yet been served a deportation order
  • Every case must be well-prepared, with supporting documents and a tailored legal argument.

Risks of Staying Unlawfully in NZ

  • You're not allowed to work, study, or access healthcare.
  • You can be detained or deported at any time.
  • Staying more than 42 days unlawfully hurts your future visa chances.
  • Your unlawful stay can endanger family members’ immigration status.
  • ​Once deportation is ordered, Section 61 is no longer an option.

What If You Do Nothing?​

  • You cannot leave New Zealand and come back — your unlawful status will block re-entry.
  • If you drink and drive and get caught by police, there is a high risk of immediate deportation.
  • Your children may grow up without you, as you could be detained and deported at any time.
  • ​Immigration may act without warning, and you won’t have time to defend your case.

​What If My Section 61 Request Is Declined?

​A Section 61 request is entirely discretionary. If it is declined, there is no right to appeal or request a review. A person who is unlawfully in New Zealand is not entitled to apply for a visa unless Immigration New Zealand grants one under Section 61. Once declined, your options may be limited to voluntary departure or seeking further legal advice (for example, Ministerial Intervention)
"I want to take a moment to express my deepest gratitude to Simon for everything he did for my husband’s immigration case. It was an incredibly stressful and emotional time for both of us. After his partnership visa was declined, then the appeal and even the Section 61 request were also declined, we felt like we were out of options. Then we found Simon—and everything changed...... guided us through the process of applying for Ministerial Intervention. Simon was honest, clear, and always kept us informed. After six months of waiting, we got the amazing news that his visa was approved." - Click HERE to read the actual review. 

​Section 61 Request Assessment – Regain Your Legal Status in New Zealand