Section 61 Success: Unlawful Partner Granted Pathway to Partnership Work Visa
A father’s love is often defined by sacrifice. Our client, a national of the United States of America, made the difficult decision to remain in New Zealand unlawfully during COVID-19 so he could continue supporting his New Zealand resident partner and their newborn son.
His relationship began after meeting his partner and travelling frequently to New Zealand. Over time, their bond deepened and they built a family together. However, when COVID-19 border closures and visa disruptions occurred, his temporary visa expired. With a young child depending on him, he stayed to provide emotional and financial support, even though this meant becoming unlawful.
Under the Immigration Act 2009, a person who is unlawfully in New Zealand cannot apply for most visas and becomes liable for deportation. The only possible pathway was a request under Section 61 of the Immigration Act 2009, which gives Immigration New Zealand absolute discretion to grant a visa. Section 61 requests are complex and there is no right of appeal if declined.
After finding our firm online, the client sought advice from Simon. Following a detailed assessment of his partnership, his parenting responsibilities, and the impact of COVID-19, we prepared a strong Section 61 request supported by compelling humanitarian factors. All communication was handled remotely through our secure IT systems, ensuring an efficient process despite ongoing restrictions.
Immigration New Zealand approved the Section 61 request. This allowed our client to regularise his status and apply for a Partnership-Based Work Visa. The outcome brought relief and stability to the family and secured their future together in New Zealand.
This case highlights how unlawful status can be resolved with the right legal strategy and clear evidence under the Immigration Act 2009. If you are unlawfully in New Zealand or considering a Section 61 request, seeking professional advice early can make a significant difference. Contact our team today to discuss your situation and take the first step towards your own immigration success story.
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.