

Section 61, Visa Declines, & IPT Appeals
For those who find themselves unlawful or in any other challenging immigration situation.
Section 61
If your visa expires, you cannot remain in New Zealand. You are required to leave the country, and failure to do so may result in deportation. Additionally, you cannot submit a new visa application while you are in an unlawful status.
Regardless of the reasons for your unlawful stay, it is crucial to take corrective action as soon as possible. You have two options:
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Leave the Country Immediately: This is the most straightforward option.
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Request a Special Temporary or Resident Visa: Under Section 61 of the Immigration Act 2009, you can make a request if you believe you have special circumstances that warrant consideration.
Appealing Deportation Liability
If you wish to appeal your deportation liability, you must do so within 42 days of becoming unlawful or within 42 days of receiving a decision on your last visa application. If your deportation liability arises from other reasons, you typically have 28 days to appeal from the date you receive a deportation liability notice.
Section 61 of the Immigration Act
Section 61 grants the Minister of Immigration the discretion to grant any type of visa to individuals unlawfully in New Zealand. However, the Minister is not obligated to consider such requests. This provision is generally reserved for those with humanitarian reasons or for individuals who can contribute positively to the New Zealand economy if allowed to stay.
If you find yourself in a challenging situation regarding your visa status, don't hesitate to reach out to the team. Our experienced team can help you identify a suitable course of action tailored to your unique circumstances.

Making a successful Section 61 request
Making a Section 61 request can be challenging, primarily due to the lack of official guidelines from Immigration New Zealand (INZ). Unlike standard visa applications, there is no comprehensive description of the criteria or specific evidence needed to enhance the likelihood of a successful request.
However, INZ occasionally shares valuable insights with immigration professionals like us. One critical instruction is to emphasize the SPECIAL CIRCUMSTANCES surrounding your case. Since a Section 61 request is considered a last resort, clearly articulating the exceptional elements of your situation is essential.
Our team is here to assist you through this process. With years of experience helping migrants navigate similar challenges, we have successfully guided many individuals in securing visas through effective Section 61 requests.
Don’t hesitate to reach out for support tailored to your specific circumstances.

Reviewing a Temporary Visa Decision
You can request INZ to reconsider your declined work, student, or visitor visa application if:
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You are in New Zealand when making your request.
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You hold a valid visa at the time of your request, which could even be an Interim Visa.
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You submit your request to INZ within 14 calendar days of receiving their decision to decline your visa.
When you submit your request for reconsideration, you can include additional evidence to support your application. INZ will review your application alongside any new information provided. If they determine that their initial decision was incorrect following the review, you will be granted the visa.
Requesting a review does not halt the expiration of your current visa. If you remain here without a valid visa, you are considered unlawful. However, INZ will not deport you while they are still reviewing your application.
Feel free to discuss your case with the team and we would be happy to assist you.


Immigration & Protection Tribunal
You can request Immigration New Zealand (INZ) to reconsider your declined work, student, or visitor visa application under the following conditions:
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Location: You must be in New Zealand when making your request.
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Valid Visa: You must hold a valid visa at the time of your request, which may include an Interim Visa.
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Timeline: Your request must be submitted to INZ within 14 calendar days of receiving their decision to decline your visa.
When submitting your request for reconsideration, you may include additional evidence to support your application. INZ will review your application alongside any new information provided.
If INZ finds that their initial decision was incorrect after the review, you will be granted the visa.
Important Note: Requesting a review of your visa application does not stop the expiration of your current visa. If you remain in New Zealand without a valid visa, you will be in violation of the law. However, INZ will not deport you while they are still reviewing your application.
Making a successful IPT Appeal can be a lengthy and meticulous process. It requires a careful approach and the ability to effectively highlight the important and relevant aspects of your case in accordance with immigration instructions.
Our team has extensive experience in handling IPT Appeals and is dedicated to working with you to find a solution that suits your unique circumstances. We’re here to guide you through every step of the process.

Immigration consequences can have profound effects, not only on the individual involved but also on their innocent children and family members.
Such consequences may include:
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Deportation: The potential removal of a parent or family member from the country.
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Denial of Immigration Benefits: Issues related to obtaining citizenship or lawful permanent resident status.
At Trusthaven Immigration, we understand the complexities of these situations and the emotional toll they can take on families. Our experienced team is dedicated to working with Immigration New Zealand (INZ) and the Immigration and Protection Tribunal (IPT) on your behalf to navigate the process and achieve the best possible outcome, taking into account the immigration consequences for you and your loved ones.
If you find yourself facing these challenges, reach out to us for compassionate and knowledgeable support.
