Work Visa Declined Due to Employer Covid Impact: Section 61 Approved Before Becoming Unlawful
When a client contacted Immigration Trust, her New Zealand work visa had been declined, placing her in a highly vulnerable immigration position. Immigration New Zealand concluded that her employer’s business, which had been financially impacted by Covid-19, could no longer justify her continued employment.
After finding Immigration Trust through Google, she undertook careful research. She reviewed Simon’s professional background, read client reviews, and ensured she was seeking advice from a firm experienced in complex visa declines.
She then booked a paid consultation with Simon, our CEO and licensed immigration adviser.
Strategic Advice That Changed the Outcome During the consultation, Simon conducted a detailed assessment of her circumstances. A reconsideration was ruled out early, as it was unlikely to succeed given the employer’s financial position and Immigration NZ’s reasoning.
Instead, Simon recommended pursuing a Section 61 request, a discretionary option requiring precise legal positioning and strong supporting documentation. Simon worked closely with the client to prepare:
A clear explanation of the employer’s Covid-related financial impact
Evidence of the client’s compliance history
A carefully structured justification aligned with immigration instructions
The Section 61 request was submitted once the case was fully prepared.
Outcome: Visitor Visa Granted The Section 61 request was approved, and the client was granted a 3-month visitor visa, allowing her to remain lawfully in New Zealand and consider her next steps without fear of unlawful status. This case demonstrates the importance of accurate strategy, realistic advice, and meticulous preparation, particularly following a work visa decline.
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Immigration Trust is a team of professionals dedicated to providing clear, reliable information for navigating New Zealand’s immigration system. Our CEO, Simon Park, brings extensive expertise in New Zealand immigration law, policy, and best practices, supporting individuals and families in their journey to settle in New Zealand.