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Section 61

Section 61 Requests: What to Do if You’re an Overstayer in New Zealand

If your visa has expired and you are still in New Zealand, you are considered an overstayer. This situation is challenging and comes with significant legal implications. You have two primary options:

  1. Leave New Zealand Immediately.
  2. Make a Section 61 Request for a Visa.

What is a Section 61 Request?

Section 61 of the Immigration Act 2009 provides a way for individuals unlawfully in New Zealand to request a visa in special cases. Here’s what it entails:

61 Grant of visa in special case

    • The Minister can grant any type of visa to a person unlawfully in New Zealand, provided:
      – They are not subject to a deportation order.
      – They are not subject to a removal order.
    • The decision to grant a visa under Section 61 is at the Minister’s discretion.

What is a Section 61 Visa Request?

A Section 61 request is a formal appeal made to the Minister (processed by a senior immigration officer at INZ) to regain lawful immigration status. It’s considered a last-resort measure.

Should I Apply for a Section 61 Request?

You should consider applying for a Section 61 request if you are an overstayer. Here’s why:

  • You are not legally allowed to work or study in New Zealand.
  • You are responsible for your own health care costs.
  • You risk deportation.
  • You may be banned from re-entering New Zealand in the future.
  • Your immigration prospects for other countries may be negatively affected.
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What a Section 61 Request is NOT

A Section 61 request is not a standard visa application. The key points are:

  • No Obligation to Consider: The immigration officer is not required to consider or respond to your request.
  • No Guaranteed Outcome: There’s no guarantee that a visa will be granted, even if you meet the criteria.

How to Apply for a Section 61 Request

To apply for a Section 61 request, follow these steps:

  • Prepare Your Request: This includes a cover letter with supporting documents. You do not need to send your passport.
  • Submit Your Request: Apply via paper or email to INZ. There is no application fee.
  • No Official Processing Timeframes: Processing times can vary.

If Your Request is Approved

If your Section 61 request is successful:

  • Visa Approval: Your visa is approved in principle, and you will need to pay the visa fee.
  • Visa Characteristics: The granted visa will have the same features as a standard visa of that type.

If Your Request is Refused

If your request is refused:

  • No Appeal: Decisions cannot be appealed, but you may apply for judicial review in the High Court.
  • Possible Deportation: Continued overstaying may result in deportation.
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How to Prepare a Successful Section 61 Request

Preparation is crucial for a successful Section 61 request. While there are no official guidelines, focusing on the special circumstances of your case is vital. Key elements to include:

  • Your Personal Details: Contact information and explanation of your overstayer status.
  • Reasons for Staying: Why you wish to remain in New Zealand.
  • Contribution to New Zealand: How your presence benefits New Zealand (for long-term requests).
  • Requested Visa Type: Specify the type of visa you are seeking.

How We Can Assist You with a Section 61 Request

Engaging an immigration adviser can significantly enhance your chances of a successful Section 61 request. At Get2NZ, we specialize in handling Section 61 requests and can provide expert assistance:

  • Initial Consultation: Assess your situation and provide honest feedback on your chances.
  • Application Preparation: Develop a comprehensive application highlighting the special nature of your case.
  • Evidence Compilation: Identify and gather the most relevant evidence.
  • Application Submission: Manage the submission process and correspondence with INZ.
  • Ongoing Support: Keep you informed about the status of your request.
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