Successful Section 61 Application: A Family's Path to Be Legal in NZ

​At Immigration Trust, we pride ourselves on handling even the most complex immigration cases. Today, we’re sharing the story of an Indonesian couple and their child who successfully legalized their immigration status in New Zealand after facing years of uncertainty.

The Situation

The couple had been living unlawfully in New Zealand for several years due to circumstances beyond their control. During this time, they were constantly under the threat of deportation, with a deportation order issued against the wife. Fearing for their future in New Zealand, they sought help from Immigration Trust. After carefully assessing their case, we recommended proceeding with a Section 61 application, which offers a path to legalize individuals who are unlawful in the country but can demonstrate exceptional circumstances.

The Legal Challenges

A Section 61 is often a last resort and only available to individuals unlawfully in New Zealand. It requires strong supporting evidence to prove the applicant’s exceptional circumstances and the reasons they should be granted a visa. In this case, it was essential to demonstrate the couple’s deep ties to New Zealand, the impact deportation would have on their family, and their willingness to comply with immigration laws moving forward.

In addition, we needed to address the deportation order that had been issued against the wife. Our team worked diligently to gather the necessary documentation, prepare submissions, and liaise with immigration authorities on behalf of the couple. Given the sensitive nature of their case, each step was critical to ensure that all legal requirements were met, and their application had the best chance of success.

The Solution

Our team at Immigration Trust guided the couple through every step of the process. We worked quickly to gather all the necessary documents, including personal statements, evidence of their life in New Zealand, and letters of support. These documents were critical in demonstrating the couple's long-term commitment to New Zealand and the exceptional hardship they would face if deported.

As part of the process, we also focused on having the deportation order against the wife lifted. This required clear and compelling submissions to immigration officials, showing that the cancellation of the deportation order was in the best interest of all involved.

Successful Outcome

After careful preparation and strategic legal work, the couple’s Section 61 application was approved. Additionally, the deportation order against the wife was successfully cancelled. This marked the end of years of uncertainty for the couple, who could now stay in New Zealand legally and rebuild their lives without fear of deportation with a work visa for the couple and a student visa for their child.

Conclusion

This case is a testament to the importance of expert guidance in navigating the complexities of immigration law. We are proud to have helped this couple achieve a successful outcome despite the challenges posed by the pandemic and visa issues.

What our clients say

Note: The client and Simon never once met in person and conducted all communications through our advanced IT system. It was due to the restrictions on travelling and meetings because of Covid-19. However, when the restrictions got lifted, our firm decided to continue the no face to face meeting policy after we found out it was more practical and efficient.

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