SECTION-61
Section 61 is a discretionary request to the Minister for a visa when you are unlawfully in New Zealand with no other category open. Not an appeal, not a stay of deportation, not available while you still hold a valid visa. Talk to a licensed adviser before lodging.
Section 61 only applies when you no longer hold a valid visa and would otherwise be liable for deportation. If your current visa is still valid, Section 61 does NOT apply — the conversation is about extension, variation, or applying under a standard category. This is the single most important threshold check.
Once Immigration New Zealand serves a deportation order, Section 61 is closed to you. Lodging a request before a deportation order is issued is the only window. Filing a Section 61 request does not pause INZ from serving a deportation order in the meantime.
Section 61 is a last-resort discretionary request. If you could apply under a standard category — partnership, AEWV, dependent child, student — INZ expects you to use that pathway. Lodging Section 61 when a standard category is open weakens the request and undermines credibility.
Staying unlawfully for 42 days or more carries a future risk of being banned from returning to New Zealand. Voluntary departure before a deportation order is served preserves the right to apply for future NZ visas; being deported does not. Every day you remain unlawful raises the stakes — early advice is decisive.
Section 61 of the Immigration Act 2009 grants the Minister of Immigration absolute discretion. INZ has no obligation to consider the request, no obligation to give reasons, and there is no right of appeal against a decline. Judicial review is available only on procedural grounds, not on the merits of the decision.
INZ application fee: There is no fee to make a Section 61 request itself. If INZ approves your request in principle, you pay the standard fee for the visa type and length INZ has decided to grant. Fees vary by visa type — see INZ's published Fees Guide for current amounts.
ProVisas advisory fee: Section 61 work is high-effort and discretionary. ProVisas engagements are fixed-fee with the scope clearly defined in your engagement letter — typically covering initial assessment, evidence gathering, request preparation, and submission, with post-decision handling priced separately. Specific fees disclosed at consultation.
Because Section 61 outcomes are discretionary, no fee structure can promise a result. ProVisas's scope is preparation and submission to the standard a senior immigration officer expects to see; the discretionary decision is INZ's alone.
Section 61 has no statutory deadline to lodge, but the practical window closes the moment INZ issues a deportation order. INZ does not publish a response timeframe — decisions are made by a senior immigration officer at the Manukau Office and typically take weeks to months. INZ does not routinely confirm receipt of a request, and brief reasons recorded by the deciding officer are only available through the Ombudsman if a complaint is made. The 42-day overstay threshold means delay carries compounding future-banning risk — earlier is materially better.
No. Section 61 only applies when you are unlawfully in New Zealand. If your visa is still valid, Section 61 is not the right pathway — the conversation is about extension, variation, or applying under a standard category. If a deportation order has been issued, Section 61 is closed. The window is narrow; act on it immediately if it applies.
No. Section 61 is a discretionary request to the Minister of Immigration. It is not an appeal. There is no statutory right to be heard, no entitlement to a fair hearing in the administrative-law sense, and no right of appeal against a decline. Judicial review is available only on procedural grounds, not on the merits.
No. Lodging a Section 61 request does not by itself stay deportation. INZ can continue to serve a deportation order and take removal action while the request is being considered. Treat the request as a parallel process, not a pause.
Staying unlawfully for 42 days or more carries a risk of being future-banned from returning to New Zealand. This is one of the most important reasons to seek advice early — voluntary departure before a deportation order is served preserves the right to apply for future NZ visas; being deported does not. Time is the single biggest variable.
Possibly, but each subsequent request faces a higher bar. INZ scrutinises what has materially changed since the prior decline. Repeat lodgements without genuinely new grounds risk immediate decline and can damage your credibility for any future immigration matter. Talk to a licensed adviser before lodging a second or third request.
guides
A visa decline isn't necessarily the end. Reconsideration within 14 days (NZD 220, temporary visas), IPT appeal within 42 days (residence visas), alternative visa types, or Section 61 if unlawfully in NZ.
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There's no formal NZ visa 'extension' process — you apply for a new visa before the current one expires. Why timing matters, interim visa rights, Section 61 if you overstay, and how to avoid an unlawful-stay situation.
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If a deportation order has been issued, you have the right to appeal to the Immigration and Protection Tribunal — within 28 or 42 days depending on the reason. Factual error + humanitarian grounds. The IPT can grant up to 5 years' stay.
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If your visa has been declined, an appeal to the Immigration and Protection Tribunal (IPT) is a formal challenge. Strict deadlines (28-42 days), grounds for appeal, residence appeal timing (10-12 months), and what makes successful appeals.
Read articleLast reviewed 2026-05-17. Source of truth: Immigration New Zealand →
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