If you do not leave New Zealand before your visa expires

If you stay after your visa expires

You are breaking the law if you stay after your visa expires. You:

  • cannot work or study, and will have to pay for your health care

  • may not be able to come back to New Zealand again if you are here without a visa for 42 days or longer

  • risk being detained or deported.

Your actions can also affect other people. For example, if family members or other people help you to stay in New Zealand they:

  • commit an offence under the Immigration Act, and

  • may put their own immigration status at risk.

Actions you can take after your visa expires


You can:

  • leave the country immediately, or

  • make a request for a special temporary or resident visa under Section 61 of the Immigration Act, but only if you believe you have a special case.

Making a Section 61 request


Requests under Section 61 are only granted in some cases. Immigration New Zealand cannot grant you a visa under Section 61 if you have already received a deportation order.

How INZ assesses your request


The process for assessing your request is different from assessing a visa application. 

Under the law, the officer has no obligation to consider your request and does not have to:

  • provide any reasons for their decision

  • make any enquiries about the information you provide in support of the request or about other information INZ holds about you

  • grant a visa of the type or length you asked for — for example, they can give you a visitor visa instead of a work visa

  • grant a specific visa even if you seem to meet the criteria for that visa.