If you have become unlawful in New Zealand, you may have heard about Section 61 Immigration NZ. This provision can sometimes offer a second chance to people who no longer hold a valid visa. However, it is important to understand how it works, the risks involved, and whether it is suitable for your situation.
What Is Section 61 in New Zealand?
Many people ask, what is Section 61 in New Zealand?
Section 61 is part of the Immigration Act that allows Immigration New Zealand to grant a visa to someone who is unlawfully in the country. It applies only to people who do not currently hold a valid visa.
This is not a standard visa category like a work visa or visitor visa. Instead, it is a discretionary power. Immigration New Zealand can choose whether or not to consider your request, and they are not required to provide detailed reasons if they decline it.
What Is the Immigration Act S61?
Another common question is, what is the Immigration Act s61?
Section 61 of the Immigration Act 2009 gives immigration officers the authority to grant a visa to someone who is unlawfully in New Zealand. The key point is that it is entirely discretionary. There is no automatic right to be granted a visa, and there is generally no right of appeal if the request is refused.
Because it sits within the Immigration Act itself, it carries legal weight, but it also comes with strict limitations and risks.
What Happens If You Are an Overstayer in NZ?
If you stay in New Zealand after your visa expires, you become unlawful, commonly referred to as an overstayer. Many people ask, what happens if you are an overstayer in NZ?
When you are unlawful:
- You may become liable for deportation
- You cannot legally work
- You cannot access most public services
- Future visa applications may be affected
The longer you remain unlawful, the more complicated your immigration situation can become. That is why it is important to act quickly and seek advice.
How Much Is Section 61?
A frequent question is, how much is Section 61?
Unlike most visa applications, there is generally no application fee specifically for submitting a Section 61 request itself. However, if Immigration New Zealand decides to grant you a visa under Section 61, you will usually need to pay the normal visa application fee for the visa type granted.
Costs can vary depending on the visa category and individual circumstances. Professional advice fees may also apply if you seek assistance preparing your request.
When Should You Consider Section 61?
Section 61 may be considered if:
- Your visa has expired
- Your previous visa application was declined
- You are currently unlawful in New Zealand
- You have strong personal or humanitarian reasons to remain
Immigration officers may look at factors such as family ties, employment, compassionate grounds, and your overall immigration history. However, approval is never guaranteed.
Why Professional Advice Is Important
Because Section 61 Immigration NZ carries significant risk and no guaranteed outcome, careful preparation is essential. A poorly presented request can reduce your future options.
Experienced immigration consultants in Auckland can help assess your situation, explain alternative pathways, and prepare a structured submission that clearly outlines your circumstances.
If you are currently unlawful in New Zealand, acting early can make a significant difference to your case. Seeking proper guidance ensures you understand both the opportunities and the risks before proceeding.
For personalised and confidential assistance with Section 61 matters, Contact New Zealand Immigration Consultants can help you explore the most suitable pathway forward.
