SECTION-61
Section 61 is a discretionary request to the Minister for a visa when you are unlawfully in New Zealand. Not an appeal. Speak to a licensed adviser first.
If your visa has expired and you are still in New Zealand, your situation is serious but not necessarily without options. Section 61 of the Immigration Act 2009 provides a narrow mechanism for people unlawfully in New Zealand to request that a visa be granted in their specific circumstances. It is not an appeal, and it is not an application in the ordinary sense. It is a request assessed at the absolute discretion of a senior immigration officer, with no obligation on INZ to consider it, no entitlement to reasons, and no right to appeal the outcome.
A brief note on terminology: Section 61 is sometimes loosely called a “special direction,” but that phrase technically refers to a different mechanism under the Immigration Act (section 378). This page covers Section 61 requests only. If a special direction is relevant to your situation, see our resource on immigration special directions.
Section 61 of the Immigration Act 2009 gives the Minister of Immigration (and by delegation, senior immigration officers at the Manukau Office) the power to grant a visa of any type to a person who is unlawfully in New Zealand and otherwise liable for deportation, as long as no deportation order has yet been issued against them.
The critical word is “discretion.” INZ’s own published guidance confirms that, under the law, the deciding officer:
This is not a pathway with published approval criteria you can satisfy and then expect a visa. It is a request, and the decision sits entirely with INZ. Anyone telling you otherwise is not describing the law accurately.
You may be in a position to make a Section 61 request if:
Section 61 is not open to you once a deportation order has been served. That is the point of no return for this pathway. See deportation defence options if a deportation order has already been issued.
If your visa is still valid, Section 61 does not apply. The correct conversation in that case is about extending your stay or applying under a standard category before your visa expires.
Every day you remain unlawfully in New Zealand changes your position.
INZ’s published policy confirms that staying unlawfully for 42 days or more carries a risk of being future-banned from returning to New Zealand. Voluntary departure before a deportation order is served preserves your ability to apply for future New Zealand visas. Being deported may negatively affect that ability permanently.
Making a Section 61 request does not automatically stop deportation. INZ can continue to serve a deportation order and take removal action while your request is being assessed. The request and the deportation process run in parallel, not in sequence.
There is no statutory deadline for lodging a Section 61 request, but the practical window closes the moment a deportation order is issued. Early advice from a licensed immigration adviser gives you the most time to prepare a thorough request and to understand your options clearly, including whether voluntary departure might be the wiser course.
INZ expects a Section 61 request in writing by email to s61@mbie.govt.nz. The request must explain your circumstances fully and be supported by evidence. A thorough request typically covers:
The standard is not whether your circumstances are sympathetic; it is whether, on the facts presented, the exercise of discretion is warranted. There is no hearing, no interview, and no opportunity to correct the record once the request is lodged.
Given the discretionary nature of Section 61 and the one-shot character of most requests, preparation matters. A licensed immigration adviser can help you assess whether Section 61 is genuinely the right pathway, identify the most relevant circumstances and evidence, and prepare a well-structured request that covers the material INZ will look for, while avoiding framing that could undermine your credibility on this or any future matter.
ProVisas has handled Section 61 requests across a range of circumstances. Our engagement covers preparation and submission; the discretionary decision is INZ’s alone. No adviser can promise an outcome from a process where INZ has no obligation to decide in your favour.
If you have previously had a Section 61 request declined, a follow-up faces a higher threshold. INZ will scrutinise what has genuinely changed since the prior decline. Take advice before lodging a further request.
Section 61 is time-sensitive. If you are already unlawfully in New Zealand, the right time to act is now, not after another week has passed.
Book a 15-minute consultation with one of our licensed advisers to discuss your situation, or check your eligibility to get a clearer picture of where you stand before your appointment. If you want to understand how Section 61 relates to other discretionary mechanisms available under immigration law, our resource on visa declined options covers the broader landscape.
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, and 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, and 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.
You make a Section 61 request in writing by email to s61@mbie.govt.nz. It should set out who you are, why you are still in New Zealand after your visa expired, the personal circumstances supporting your situation, the visa type and length you are asking for, and documentary evidence for every claim. There is no application form.
No. There is no fee to make the Section 61 request itself. If INZ decides to grant a visa, you then pay the standard fee for the visa type and length granted. See INZ's published Fees Guide for current amounts.
INZ does not publish a response timeframe. Requests are decided by a senior immigration officer at the Manukau office and typically take weeks to months. INZ does not routinely confirm receipt, and it has no obligation to give reasons for its decision.
Section 61 is a discretionary request for a visa when you are unlawfully in New Zealand. A special direction is technically a different mechanism under section 378 of the Immigration Act, although the two terms are sometimes confused. This page covers Section 61 requests.
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