Section 61 Requests in New Zealand: How They Work

A section 61 request asks INZ to grant a visa to someone in New Zealand unlawfully. INZ is not obliged to consider it, gives no reasons, has no time frame and there is no appeal; a fee of NZD 640 (temporary) or NZD 1,510 (residence) is charged only if INZ decides to grant.

Once a visa expires, the normal visa application routes close. Section 61 of the Immigration Act 2009 lets Immigration New Zealand (INZ) grant a visa "in special case" to someone who is in New Zealand unlawfully. It is discretionary from start to finish, and INZ is explicit that it does not stop deportation. This guide sets out how INZ describes the process, what it asks for, the fees and the limits, as read on INZ's pages and fee finder on 9 October 2026. It does not assess whether a request suits anyone's situation; that is a matter for a licensed adviser or lawyer.

What section 61 is

INZ describes it as a request for a visa under section 61 of the Immigration Act 2009, titled in the legislation "Grant of visa in special case". It is available to people who are in New Zealand unlawfully.

INZ's page says a request should only be made by someone who believes they have a special case, and that "these requests are only approved in some situations."

It is not an application in the usual sense. INZ says the assessment process "is different from assessing a visa application", and the fee finder describes the fee as "not an application fee".

What INZ says it does not do

INZ's page carries a warning box headed "Making a section 61 request does not automatically stop deportation". For someone unlawfully in New Zealand who requests a visa under section 61:

"there is no obligation to consider your request"

"there is no guarantee that you will be granted a visa"

"you are still liable for deportation, and"

INZ "may serve you with a deportation order and deport you."

It adds: "A section 61 request is not a way to stay in New Zealand unlawfully. You are expected to leave the country as required by law."

A visa cannot be granted under section 61 once a deportation order has been issued to the person.

How a request is made

INZ asks for the request in writing, emailed to s61@mbie.govt.nz, explaining the circumstances "as fully as possible" with supporting evidence attached. The fee finder adds that the person must be in New Zealand to request a visa.

The items INZ lists for the request:

personal details: name, date of birth and INZ client number;

contact details: email, phone and postal address;

an explanation of why the person is still in New Zealand after the visa expired, for example why they could not return to their home country or go to another country to apply for a new visa;

personal circumstances, such as family or work, that support the reasons for wanting to stay;

how staying could contribute to New Zealand, particularly for a long stay;

the type of visa wanted (INZ gives visitor or study visas as examples) and for how long.

Documents: a copy of the passport's personal details page. INZ says no other documents are required but recommends copies of supporting evidence for any claims.

INZ says not to send card details with the request.

How INZ assesses it

All requests are handled by a senior immigration officer at INZ's Manukau office. INZ says that under the law the officer has no obligation to consider the request and does not have to:

give reasons for the decision;

make enquiries about the information provided or other information INZ holds;

grant the type or length of visa requested (INZ's example: a visitor visa instead of a work visa);

grant a particular visa even if the person seems to meet its criteria.

On timing, INZ says: "Each case is different and there is no time frame for assessing Section 61 requests." The fee finder likewise shows no processing time frame.

Fees: payable only if INZ will grant

INZ's fee finder lists two section 61 products (queried as an Indian passport holder living in New Zealand, 9 October 2026):

Section 61 request for a temporary visa: NZD 640.

Section 61 request for a residence class visa: NZD 1,510.

The fee finder says the fee is "only required if we will grant you a visa, and is not an application fee." INZ's page explains the sequence: if approved, the request is approved in principle; INZ then contacts the person for the fee for their visa and for anyone else included, and issues the visa once paid. INZ suggests using its fees tool, searching "section 61", to see the amount that would apply.

Fees vary by passport and country of residence, so the tool's result on the day is the one that applies.

If the request is refused

INZ says a person whose section 61 request is refused "must leave New Zealand immediately", and that if they do not leave voluntarily INZ can serve a deportation order and deport them.

There is no appeal against a section 61 decision. INZ says the person can apply to the High Court for judicial review, but "the judge can only consider the decision-making process and not your circumstances." Only lawyers can act in a New Zealand court.

How section 61 sits beside a deportation appeal

Section 61 and a deportation appeal to the Immigration and Protection Tribunal are separate processes run by different bodies.

A person who stays after a visa expires is liable for deportation. INZ says a non-resident in that position can appeal to the Tribunal, which must receive the appeal no later than 42 days from the day after they last held a visa (with an adjustment where reconsideration of a further temporary visa was requested while a visa was current). The Tribunal cannot accept late appeals. The fee is NZD 964.

A section 61 request has no deadline of its own, but INZ's pages say it does not pause deportation, and nothing on them says it pauses the Tribunal's 42-day clock. Whether either route, both or neither suits a person is a judgement on their facts.

What staying unlawfully means while a request is waiting

INZ's page lists the consequences of staying without a visa: the person is breaking the law; cannot work or study; is not eligible for publicly funded health services except in limited circumstances; "may be banned from returning to New Zealand" if they stay unlawfully for 42 days or more; and risks detention and deportation.

INZ also says: "If you leave voluntarily before being served a deportation order, you may still be eligible for a New Zealand visa in future. If you are deported this may negatively affect your ability to get a New Zealand visa in the future." Family or friends who help someone stay unlawfully may commit an offence and risk their own status.

Where an adviser or lawyer fits

INZ gives a list of what to include, not a template, and it is the person's account of their circumstances that the officer reads. Deciding whether a request is appropriate, what it should say and how it relates to any appeal deadline is immigration advice; only a licensed immigration adviser, a lawyer or an exempt person can give it. A typical engagement covers a review of the person's immigration history and any deadlines already running, a written agreement on scope and fees, and preparation of the request and evidence.

Migratio lists licensed immigration advisers so you can compare them and contact one directly. Every listing shows the adviser's licence number, which you can check on the IAA's public register before you book. We don't assess cases and don't tell anyone which visa or route fits them; that is the adviser's job.

Questions people ask

What is the fee for a section 61 request in NZ?

INZ's fee finder lists NZD 640 for a temporary visa and NZD 1,510 for a residence class visa (read 9 October 2026, Indian passport holder in NZ). The fee is only charged if INZ decides to grant a visa; INZ says not to send card details with the request.

Where do I send a section 61 request?

INZ asks for a written request emailed to s61@mbie.govt.nz, with a copy of the passport personal details page and any supporting evidence.

How long does a section 61 request take?

INZ says each case is different and there is no time frame for assessing section 61 requests.

Does a section 61 request stop deportation?

No. INZ says the person is still liable for deportation and INZ may serve a deportation order. A visa cannot be granted under section 61 once a deportation order has been issued.

Can I appeal a section 61 decision?

No. INZ says there is no appeal; a person can apply to the High Court for judicial review, but the judge can only consider the decision-making process, not the person's circumstances.

Is there a section 61 request letter sample?

INZ does not publish a sample letter. Its page lists what to include: personal and contact details, INZ client number, why the person is still in New Zealand, their circumstances, how staying could contribute to New Zealand, and the visa type and length wanted.

Sources

Last checked 2026-10-09.

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