Help! My Visa has expired, and I want to stay in New Zealand
There are many reasons why a visa may expire or be declined leaving the holder without a visa, with no rights, no free medical care and unlawfully in New Zealand. What can you do?
Under the Immigration Act 2009 section 61 if you are unlawfully in New Zealand you can request the Minister of Immigration grants you a visa. Unlike applications, Section 61 requests can only be made if a person is unlawful in New Zealand and does not have a Deportation order against them.
​
These requests are decided by senior immigration officers who are delegated the authority by the Minister of Immigration. They can grant a visa or refuse to grant a visa, and they do not need to give reasons for any decisions, unlike a visa application where immigration officers must give reasons if a visa is declined.
How do I make a request?
The circumstances for each Section 61 requests are always different. It is important to explain to Immigration New Zealand (INZ):
​
-
How and why you became unlawful.
-
Provide evidence that you can meet a visa criterion and why you should be granted a Visa.
​
This can be done by email to: s61@mbie.govt.nz
​
It is important to remember that if you do not tell INZ these things they will not know. Therefore, telling your story is important and providing evidence you meet a visa criterion is important.
If you have issues of character or criminal convictions, you must explain how these occurred and show INZ what you have done to address these issues, so you are not a threat to New Zealand citizens.​​
What can we do for you?
We recommend you get expert advice if you find yourself in this position. An experienced view can often see issues you are not aware of and provide an impartial perspective that can address matters in a clear and concise manner. We can guide you through the process and plan ahead for your future.
We have extensive experience in submitting Section 61 requests and would be very happy to advise on your situation so please contact us to make an appointment.
