Section 61 Request
Temporary Visa to Stay in New Zealand
Sometimes, visa holders in New Zealand find themselves in a tricky situation: their visa has expired, but they haven’t yet left the country or applied for a new visa. If this happens, you may be able to apply for a Section 61 Request, which allows you to remain lawfully in New Zealand while your visa application is being considered.
At Ezy Immigration, we understand how stressful and confusing it can be to deal with visa expiry and overstaying issues. That’s why our licensed immigration advisers provide clear advice and hands-on assistance to help you submit your Section 61 Request correctly and improve your chances of approval.
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Licensed Immigration Adviser (NZ) # 201300919
Registered MARA Agent (AU) # 2117455
What Is a Section 61 Request?
A Section 61 Request is not a visa itself but a request for Immigration New Zealand to treat your application for a new visa as if it had been made before your previous visa expired. This is designed to prevent people from being unlawfully in New Zealand while waiting for a decision on their visa application.
It’s important to note that Section 61 only applies if you submit your new visa application after your visa has expired but before you have left New Zealand. If you don’t apply in time, you risk becoming an unlawful resident, which can affect future visa applications.
Who Can Apply for a Section 61 Request?
You can apply for a Section 61 Request if:
- Your previous visa has expired, and you remain in New Zealand
- You have lodged a valid new visa application or intend to do so shortly
- You have not left New Zealand since your visa expired
This provision is particularly helpful for those who may have missed applying for a new visa on time due to personal reasons, delays, or unexpected circumstances.
What Happens When You Submit a Section 61 Request?
Once Immigration NZ accepts your Section 61 Request, you are allowed to stay legally in New Zealand while your new visa application is processed. During this time, you may be subject to the same conditions as your previous visa or the conditions imposed by Immigration NZ on your Section 61 status.
If your new visa application is approved, you will be granted that visa with the conditions attached. If declined, you may be required to leave New Zealand.
Why Is Timing Critical?
Applying for a Section 61 Request as soon as possible after your visa expires is essential. Delays or failure to lodge your new visa application promptly may result in you becoming an unlawful overstayer, which can have serious consequences such as:
- Being barred from re-entering New Zealand for a period
- Impacting future visa or residence applications
- Compromising your ability to work or study
At Ezy Immigration, our licensed immigration advisers stress the importance of acting quickly and submitting a well-prepared application.
How Can Ezy Immigration Help You?
Navigating a Section 61 Request can be complicated. You must:
- Prepare a clear explanation for why your application was late
- Provide supporting documents and evidence for your new visa application
- Understand the legal and immigration implications of overstaying
Our licensed immigration advisers will guide you through every step, from assessing your eligibility to submitting the request and liaising with Immigration NZ on your behalf.
Director & Licensed Immigration Adviser
Adviser (NZ) # 201300919
Agent (AU) # 2117455
Need Help With a Section 61 Request?
Overstaying your visa can be worrying, but you don’t have to face it alone. The immigration experts at Ezy Immigration are ready to help you manage your Section 61 Request professionally and confidentially, ensuring your best chance for success.
Frequently Asked Questions
You must apply for a Section 61 Request immediately to legalise your stay while Immigration NZ considers your new visa application.
No. It only allows you to stay legally while your application is processed. Approval depends on the merits of your visa application.
Work and study rights depend on your previous visa conditions or any conditions set by Immigration NZ during your Section 61 status.
You may stay until Immigration NZ makes a decision on your new visa application.
You may be required to leave New Zealand. Our licensed immigration advisers can advise you on your options, including appeals or other visa pathways.
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