Policy verified from immigration.govt.nz as of 2026-04-13
A Section 61 request under the Immigration Act 2009 is a discretionary application for people who are unlawfully in New Zealand after their visa has expired. It asks Immigration New Zealand to exercise special discretion to grant a visa. These requests are not standard visa applications and success is not guaranteed.
Source: immigration.govt.nz — 2026-04-13
Consequences of Overstaying
Staying in New Zealand after your visa expires is illegal. The consequences include:
- You cannot legally work or study
- You must pay all healthcare costs yourself
- You risk detention and deportation
- Overstaying 42 days or more results in an automatic entry ban
- The longer you overstay, the greater the risk of deportation and longer entry bans
Important: Family members or residents who assist your unlawful stay are also committing a crime under the Immigration Act.
How Section 61 Works
Section 61 requests are not standard visa applications. All requests are handled by senior immigration officers, and the decision-making process is entirely discretionary. The immigration officer:
- Has no obligation to consider your request
- Does not have to provide reasons for their decision
- Can grant a different visa type or duration than you requested
- Can refuse your request even if you meet standard visa criteria
What You Need to Include
- Full name, date of birth, and INZ client number
- Current contact details
- Copy of your passport personal details page
- Written explanation of why you overstayed
- Your personal circumstances (work, family commitments in NZ)
- How New Zealand would benefit from allowing you to stay
- What visa type you are requesting and for how long
If Your Request Is Denied
If denied, you become liable for immediate deportation. You cannot appeal a Section 61 decision — your only option is a judicial review by the High Court, which examines whether INZ followed proper process, not the merits of your case.
How ProVisas Helps
- Honest assessment — We tell you realistically whether a Section 61 request is worth pursuing
- Strong documentation — We prepare compelling written submissions with proper evidence
- No surprises — Upfront about costs, timeframes, and realistic chances
- Focus on your future — We aim to protect you from long-term consequences like entry bans
Time is critical when you are unlawfully in New Zealand. Contact us immediately if your visa has expired or is about to expire.
Frequently Asked Questions
A Section 61 request is a last-resort application under the Immigration Act 2009 for people who are unlawfully in New Zealand after their visa has expired. It asks Immigration New Zealand to exercise special discretion to grant a visa.
No, you cannot appeal in the traditional sense. Your only option is to request a judicial review by the High Court, which examines whether INZ followed proper process — not the merits of your case.
You cannot legally work or study, you must pay all healthcare costs yourself, you risk detention and deportation, and you may be banned from returning to NZ for years. The longer you overstay, the worse the consequences.
There is no fixed processing time. Section 61 requests are handled at the discretion of senior immigration officers and are not processed like standard visa applications.
If you overstay your visa for 42 days or more, you will be automatically banned from returning to New Zealand. Contact an adviser immediately if your visa has expired or is about to expire.
ProVisas provides a fixed-fee quote after assessing your situation. We are upfront about costs and realistic chances of success before any work begins.
