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Unlawful Status

You become unlawful and liable for deportation, If you stay in New Zealand outside the expiry of your visa. However, there are circumstances beyond your control that may prevent you to lodge a new visa application before the expiry of your visa.

A request under Section 61 of Immigration Act 2009 can be made for a person who is:

  1. unlawfully in New Zealand; and
  2. not a person in respect of whom a deportation order is in force.

The Minister’s power to grant a visa in a special case has been delegated to officers with Schedule 3 delegations or above.
As the grant of a visa under section 61 is a matter of absolute discretion, no person has the right to apply for a visa under section 61, and if a person purports to make such an application by requesting the grant of a visa under section 61:

  • the Minister or appropriate immigration officer is not obliged to consider the purported application; and
  • the Minister or appropriate immigration officer is not obliged to make further enquiries or inquire into the circumstances of the person or any other person, and
  • whether a purported application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 11 applies; and
  • section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply.

We can lodge a Section 61 request on your behalf and guide you through the process.

For more information please feel free to contact us.

Immigration Management New Zealand. Phone: +64 (0) 2102299588

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