Section 61 Requests: Last Resort Visa Applications
Your visa expiry date is shown on your visa approval letter or passport. This is the date your legal authorisation to stay in New Zealand ends. Once your visa expires, you must either:
- Leave New Zealand immediately, or
- Make a Section 61 request for a special discretionary visa
Section 61 requests are only considered in exceptional circumstances under the Immigration Act 2009. This is not a standard visa application – it’s a request for Immigration New Zealand to exercise special discretion.
Staying in New Zealand after your visa expires is illegal. The consequences include:
For you:
- You cannot legally work or study
- You must pay all healthcare costs yourself
- You risk detention and deportation
- You’ll be banned from returning to New Zealand if you overstay for 42 days or more
- The longer you overstay, the greater your risk of deportation and longer entry bans
For people who help you:
- Family members or residents who assist your unlawful stay are committing a crime under the Immigration Act
- They may risk their own immigration status
Don’t delay. If you’ve overstayed your visa, contact an experienced immigration adviser immediately to explore your options and protect your future ability to return to New Zealand.
Book a free consultation with our licensed advisers.
Section 61 requests must be made in writing with detailed evidence supporting your case. You’ll need to include:
Required information:
- Your full name, date of birth, and Immigration New Zealand client number
- Current contact details (postal address, phone number, email)
- A copy of your passport’s personal details page (not the original)
Your written explanation must cover:
- Why you overstayed after your visa expired
- Your personal circumstances (such as work or family commitments in New Zealand)
- How New Zealand might benefit from allowing you to stay (especially important for longer extensions)
- What type of visa you’re requesting and for how long
The quality of your explanation and supporting evidence is critical. Immigration New Zealand has complete discretion over these requests.
Important: Section 61 requests are NOT processed like standard visa applications. All requests are handled by senior immigration officers at the Manukau Area Office, and the decision-making process is entirely discretionary.
The immigration officer:
- Has no obligation to consider your request
- Doesn’t have to provide reasons for their decision
- Doesn’t have to make further enquiries about your case
- Can grant a different visa type or duration than you requested
- Can refuse your request even if you meet standard visa criteria
This means: Even with a strong case, there’s no guarantee of approval. Success depends on presenting compelling reasons why Immigration New Zealand should exercise discretion in your favor.
If your Section 61 request is denied, you become liable for immediate deportation. You must leave New Zealand as soon as possible to avoid detention and deportation proceedings.
Can you appeal? No, you cannot appeal a Section 61 decision in the traditional sense. Your only option is to request a judicial review by the High Court—but this only examines whether Immigration New Zealand followed proper process, not the merits of your personal situation.
The stakes are high, which is why proper preparation of your initial request is critical.
Section 61 requests require careful preparation and honest assessment of your situation. We’ve helped many clients navigate this complex process, and we understand what Immigration New Zealand looks for in exceptional cases.
Our approach:
- Honest assessment – We’ll tell you realistically whether a Section 61 request is worth pursuing
- Strong documentation – We prepare compelling written submissions with proper supporting evidence
- No surprises – We’re upfront about costs, timeframes, and realistic chances of success
- Focus on your future – We aim to protect you from long-term consequences like deportation and entry bans
Our commitment: While we cannot guarantee outcomes (no one can with Section 61 requests), we’ll give you the best possible chance by presenting your case professionally and thoroughly.
Typical fees for Section 61 requests: NZ$[INSERT FEE RANGE] (plus GST)
Time is critical when you’re unlawfully in New Zealand. Book a free consultation today to discuss your options.