Section 61 Requests
Section 61 requests are often raised as an option when someone becomes unlawful in New Zealand.
They can, in some cases, provide a pathway forward but there’s often confusion about what that really means, and when it’s worth pursuing.
In this blog, I’ll walk through what a Section 61 request is, how Immigration New Zealand approaches them, and when they’re more (or less) likely to succeed.
What is a Section 61 request?
A Section 61 request is often referred to as:
“Grant of a visa in a special case.”
It allows someone who is unlawfully in New Zealand to request that Immigration New Zealand grant them a visa.
But there are a few key things people need to understand:
· You must be unlawfully in New Zealand
· You must not be subject to a deportation order
· It can be used to request any type of visa (temporary or residence)
And most importantly:
· There is no right to make a request
· Immigration New Zealand does not have to consider it
· They do not have to give reasons for their decision
This sits under what’s called absolute discretion.
How are Section 61 requests decided?
If Immigration New Zealand does choose to consider your request, they will look at:
The merits of your individual situation
The public interest
In some cases, international obligations
They may also look at:
Why you became unlawful
Whether your situation makes it reasonable to grant you a visa
But here’s where it gets tricky…
Immigration instructions are relevant but not decisive
Each case comes down to whether it is considered a “special case”
What does “special case” actually mean?
This is where many requests fall over.
It’s not enough to simply say:
“I made a mistake” or “I want to stay longer.”
A strong Section 61 request needs to clearly answer:
What makes your situation different?
Why should an exception be made for you?
This is where good advice and careful preparation really matter.
When Section 61 requests are more likely to work
While nothing is guaranteed, requests are stronger when:
✔ The reason for becoming unlawful is believable
For example, a genuine misunderstanding especially where language barriers are involved.
✔ The situation is recent
Acting quickly shows you are trying to resolve the issue.
✔ There is a clear and realistic visa pathway
If you meet the requirements for another visa, that helps significantly.
✔ You can show genuine intent and supporting evidence
Return tickets, employment, or ties offshore can all strengthen your case.
✔ You are making a genuine effort to fix the situation
Taking responsibility goes a long way.
When they’re unlikely to succeed
Some situations are much harder to overcome:
✖ You’ve been unlawful for a long time
The longer the period, the more difficult it becomes.
✖ There’s no clear visa pathway
If you don’t qualify for another visa, there’s little for Immigration to grant.
✖ There’s a pattern of non-compliance
Repeatedly overstaying or ignoring visa conditions raises concerns.
✖ Little effort has been made to resolve the situation
For example, not replacing a lost passport or not taking earlier action.
The biggest risks people don’t realise
A lot of people think:
“I’ll just submit a Section 61 and see what happens.”
But there are some real risks:
❗ You are not protected from deportation while waiting
❗ Immigration may not even consider your request
❗ You may not get a second chance if it’s poorly prepared
This is not a process where you want to “wing it.”
So what should you do?
If you find yourself in this situation:
Get advice early
Understand whether you actually have a viable visa pathway
Take the time to prepare a strong, well-supported request
And importantly also consider whether leaving New Zealand and applying offshore may be the better option in some cases.
Conclusion
Section 61 can be a lifeline.
But it’s not a guaranteed outcome and it’s not something Immigration New Zealand has to engage with at all.
Every case comes down to whether it truly qualifies as a special case.
If you’re unsure where you stand, it’s worth getting proper advice before taking that next step.
Need help navigating your options?
Feel free to reach out to Navigate Immigration Services, I'm happy to talk through your situation and help you understand the best way forward.
📧 jo@navigateimmigration.co.nz 📞0274772088
