Guide on Section 61 to Immigration NZ

If your visa has expired that you will need to regularise your status by making a Section 61 request to Immigration NZ.
If you want to learn about Section 61 to Immigration NZ, you've come to the right place.
This guide has everything you need to understand the basics of Section 61 to Immigration NZ. You'll also find links to useful resources from our blog and video throughout, so you can plan your next steps.

What is it?

When your visa expires while you are still in New Zealand, you become unlawful in New Zealand (also referred to as "overstayer"). If you are wanting to reinstate your visa status by lodging a new immigration application, you must do so under Section 61 Immigration Act NZ 2009.

It must be noted, however, that Immigration New Zealand is under no obligation to accept the application for processing, give consideration to it, or give an explanation if it is refused or declined.

If you have run out of your visa, it would be probable that any subsequent s61 request that you lodge is likely to fail, unless you can show to Immigration New Zealand that there are compelling reasons as to why you should be granted a visa.

Useful tips

The fact that you have overstayed does not, however, mean that it is all doom and gloom. We have helped numerous clients set things right with Immigration New Zealand who received favourable outcomes on their Section 61 requests to Immigration New Zealand. Talk to us and ensure the chances of getting a new visa approved are maximised.

author headshot Michael Yoon
Guide last modified on 9 September 2023 by
Michael Yoon
Michael has been working as a lawyer in New Zealand since 2006. Over the years, he has successfully helped thousands of clients to get their desired outcome. Clients find Michael knowledgeable, approachable and professional — a trusted expert.

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