Section 61 Requests
INZ (Immigration New Zealand) requires you to leave the country before your visa expires. Have you overstayed the prescribed limit? You may be detained and/or deported. Section 61 requests can reinstate your legal status. We can get you out of trouble.
Has your visa expired, and you have not left New Zealand? Plain and simple, you are breaking the law of the land. Not only can you be detained, but you may also end up facing a complete ban from coming to the country again.
You have two options at this stage if you do not want to face the music:
- Leave the country as soon as possible
- Petition INZ for a Section 61 Request. INZ may issue you a temporary or resident visa under special circumstances
What are the implications of overstaying your New Zealand visa?
What are the implications of overstaying your New Zealand visa?
As a New Zealand immigrant, you should never lose track of the expiration date of your visa. This information is available on the stamp placed on your passport when you enter the country or on your visa. INZ does not want you to stay in the country after the prescribed limit is crossed.
Here are some of the implications of overstaying your visa, you:
- Are not allowed to attend school or work
- Must pay any applicable healthcare costs
- Run the risk of handed a complete ban from entry to New Zealand, if your overstay crosses 42 days
- May be found liable for deportation
- Are likely to be detained
Additionally, there are serious implications for anyone who helps you stay in the country illegally. They will be considered criminals as per the Immigration Act and may also risk their own immigration status. Request a call back and book a 100% free consultation time, so you can find out all about Section 61 requests and how we can help.
What is the procedure of making a Section 61 request?
What is the procedure of making a Section 61 request?
INZ requires all Section 61 requests to be made in writing. You will need to explain the circumstances that led to your overstay and attach proof of the same with your application. Also, provide a duplicate of your personal details on your passport. You do not need to send your original passport.
Here are some of the things to be included with your Section 61 request:
- Personal details like your INZ client number, name, and date of birth
- Contact information where you can receive postal mails, phone calls and emails
- A comprehensive writeup explaining the reasons for your overstay
- Clarification on why you want to continue staying – such as commitments towards work or family
- Notes explaining the benefits of your extended stay to New Zealand. INZ will want to see this if you are asking for a long stay
- Type and period of visa requested
A lot of Section 61 requests get rejected because the applicant fails to provide all the needed information and documentation. Do not risk your immigration status. Our immigration experts know the ins and outs of the Section 61 request process and can help you put together a foolproof application. Request a call back to schedule a completely free consultation session.
Does INZ process Section 61 requests like regular visa applications?
Does INZ process Section 61 requests like regular visa applications?
No, INZ adopts a different process for processing Section 61 requests. The Manukau area office is tasked with handling all Section 61 requests.
Your application will be handled by a senior immigration officer and they are free to drop your request for extension. What’s more? They are not even obliged to:
- Explain the reasons for their decision
- Request any further information other than known to them
- Issue you a visa for the type or length you asked for
- Grant you a specific visa even if you meet all the needed criteria
Is there a way out if your Section 61 request gets denied?
Is there a way out if your Section 61 request gets denied?
Unfortunately, there is not much you can do once INZ denies your Section 61 request. You are considered to be illegal immediately and must leave the country as soon as possible.
Also, there is no appeal process that you can use to overturn the Section 61 request rejection. You can choose to request the High Court for a judicial review. Your personal situation will not be considered by the judge, all they will look at is the INZ process adopted to reach the decision.
Immigration Experts NZ has assembled the most qualified and experienced immigration team in the industry. Our immigration advisers work out of our Auckland office and have been helping our clients succeed with their Section 61 requests for many years. Request a call back for an absolutely free consultation with one of our immigration consultants to discuss your situation.
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