Immigration Trust specialises in difficult immigration cases - Section 61, unlawful, deportation, visa declines, appeals to IPT, Ministerial intervention, partner visas, reconsideration, PPI, character waivers, medical waivers
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Successful Section 61 Case 36

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.
Book a consultation today!

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  • Home
    • Scam Warning Hub
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    • Appointment
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    • Urgent Service
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    • INZ hub >
      • Fees
    • INZ Forms Hub for all INZ forms >
      • INZ1000-Residence Application
      • INZ1001-Additional Dependants for Residence in New Zealand
      • INZ1012-Student Visa Application
      • INZ1007-General Medical Certificate
      • INZ1014-Financial Undertaking for a Student
      • INZ1015-Work Visa Application
      • INZ1017-Visitor Visa Application
      • INZ1019-Transit Visa Application
      • INZ1020-Application for a Variation of Conditions or a Variation of Travel Conditions
      • INZ1021-Group Visa Application
      • INZ1022-Additional Group Visa Application
      • INZ1024-Sponsorship Form For Residence
      • INZ1025-Sponsorship Form for Temporary Entry
      • INZ1027-Supplementary Form 补充表
      • INZ1056-Entrepreneur Residence Application
      • INZ1090-Employer Accreditation Application
      • INZ1091-Talent (Arts, Culture and Sports) Sponsorship Form
      • INZ1094-Refugee Family Support Category Tier One Sponsor Registration Form
      • INZ1096-Chest X-ray Certificate
      • INZ1100-​Expression of Interest Form
      • INZ1103-​Expression of Interest Form Child Supplement
      • INZ1111-Visitor Visa Application for Auckland Region Applicants
      • INZ1113-Employer Supplementary Form
      • INZ1115-Skilled Migrant Category Application for Residence
      • INZ1140-Application for Recognised Seasonal Employer Status
      • INZ1141-Application for an Agreement to Recruit
      • INZ1142-Application to Work for a Recognised Seasonal Employer
      • INZ1146-Form for Partners Supporting Partnership-Based Temporary Entry Applications
      • INZ1153-SSE/WHE Work Visa Application
      • INZ1155-Group Transit Application
      • INZ1156-Additional Group Transit Application
      • INZ1158-Work Visa Application for China Skilled Work Instructions
      • INZ1167-Supplementary Seasonal Employment Approval in Principle
      • INZ1170-Parent Retirement Category Residence Application
      • INZ1172-Temporary Retirement Category Visitor Visa Application
      • INZ1175-Application from a Resident or Former Resident Visa Holder
      • INZ1177-Military Visa Application
      • INZ1178-Partnership Support Form for Residence
      • INZ1187-Performing Artists, Entertainers and Entertainment Industry Personnel Work Visa Application
      • INZ1188-China Tourist Visitor Visa Application
      • INZ1189-Tourist Business Visitor Visa Application
      • INZ1190-Sponsorship Form for Religious Workers
      • INZ1197-Entertainment Industry Accreditation Application
      • INZ1198-Partnership-Based Temporary Visa Application
      • INZ1200-Additional Information Application
      • INZ1202-Parent Category Expression of Interest Form
      • INZ1204-Request for Approval in Principle to Recruit Foreign Crew of Fishing Vessels
      • INZ1205-Additional Dependants for a Visitor Visa
      • INZ1206-Parent Category Residence Application
      • INZ1212-Formal Notification of Crew Deserter
      • INZ1217-Verpflichtungserklärung über die finanzielle Unterstützung eines Studenten/Schülers Financial Undertaking for a Student
      • INZ1220-Supplementary Form
      • INZ1222-Entrepreneur Work Visa Application
      • INZ1223-Working Holiday Scheme Second Work Visa Application
      • INZ1225-Work Visa Declaration Form
      • INZ1226-Student Visa Declaration Form
      • INZ1227-Labour Hire Employer Accreditation Application
      • INZ1235-Employer Supplementary Form for Skilled Migrant Category
      • INZ1241-Partner and Child Temporary Visa Declaration Form
      • INZ1242- Resident Visa Declaration Form
      • INZ1266-Essential Skills Work Visa Application
      • INZ1279 Employer Accreditation Declaration Form
      • INZ11975 - INZ Partnership Evidence Checklist
    • Immigration Matters >
      • Visitor Visa
      • Study Visa >
        • Changes to Study Visa - After Covid
      • Accredited Employer Work Visa >
        • Employer Check for AEWV
        • Accredited Employer Work Visa Implementation Process
        • Accredited Employer Work Visa Requirements
        • Employer accreditation for AEW
        • Accredited Employer Job Check requirements
        • AEWV Employer's Flyer in Hindi
        • STANDARD AND HIGH-VOLUME ACCREDITATION
      • Migrant Exploitation Protection work visa
      • Post Study Work Visa
      • Green List Visa
      • Interim Visa
      • SMC >
        • Possible questions from your case officer to your employer
        • List of ANZSCO occupations treated as an exception
      • Resident Visa >
        • Green List Resident Visa
      • Permanent Resident Visa
      • Parent Visa
      • Entrepreneur Work Visa >
        • Free Entrepreneur Work Visa Pre-Assessment
      • Entrepreneur Residence Visa
      • Variations of Conditions
      • PPI
      • BONA FIDE
      • Appeal Review
      • Complaint to INZ >
        • Report to INZ
      • Employer Assistance
      • Acceptable Standard of Health
      • Medical Waiver
      • Character Waiver
      • Section61 >
        • Section 61 Visa NZ – Real Success Data & Expert Help (2020–2025)
        • Section 61 Fee
      • Business Investor Work Visa
    • New Zealand Immigration Guides >
      • Differences between Resident Visa and Permanent Resident Visa in New Zealand
      • INZ 1199 Partnership-Based Temporary Visa Guide
      • INZ1016 Work Visa Guide
      • New Zealand Visa Applications Fee
      • New Zealand Visa Processing Time
      • New Zealand Visa Prevent Delays
      • New Zealand Police Certificate
      • Visa Photos
  • About Us
    • Founder & CEO
    • Immigration Trust Team
    • How we work and Policies
  • Contact