Section 61 New Zealand visa requests for unlawful status
If you have stayed in New Zealand unlawfully because your visa expired, changed or was declined, you may only apply under Section 61 of the Immigration Act 2009.
In these high-risk cases Immigration New Zealand has absolute discretion, there is no appeal right.
We help you understand whether you have a realistic chance, identify the risks, and build a decision-ready submission that aligns with INZ’s criteria.
Key risks & assessment criteria
What INZ looks for under Section 61
• How long you have been unlawful in New Zealand
• Why you became unlawful (visa expiry, declined application, interim visa lapse)
• Whether a deportation or removal order is in force
• Your immigration history, character, and credibility
• Whether you were eligible for another visa type but remained unlawful
• The strength of your ties to New Zealand (family, residence, contribution)
Our structured Section 61 support process
Step 1 – Initial realistic assessment
We review your full immigration timeline, assess viability under Section 61, map out key weaknesses (eg unlawful period, eligibility gaps), and provide clear next-steps.
Step 2 – Evidence-based rebuild
We organise documents and write a submission aligned with INZ language and policy (Immigration Act 2009 s 61, R8.1, A1 etc). We address credibility, relationship, employment or contribution gaps.
Step 3 – Decision-ready lodgement & follow-up
We submit only when your file is decision-ready. If INZ requests further information we respond swiftly. We monitor your interim visa status and assist in compliance until a decision is made.