If you have had your visa declined and you are facing deportation, contact us today and we help assist you in preparing a response to Immigration New Zealand.

Unlawful Status

If your visa application for New Zealand has been declined while you are in the country or your current visa has expired, it means you are now in the country illegally or ‘unlawfully’. If you have unlawful status you are unable to apply for another visa and will face deportation.

If you find yourself in this situation it is important to seek the help of an immigration lawyer who may be able to assist you in reversing your unlawful status in New Zealand. You can submit a Section 61 request to Immigration New Zealand who may grant you a visa to allow you to stay in New Zealand. There is no standardised application process for this and under the Act Immigration NZ do not have to provide reasons for their decision.

Get in touch with us if you are unlawful in the country so we can provide advice and discuss your options. We can assist in preparing submissions or doing the necessary liaison with Immigration New Zealand to address any ongoing issues.

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Deportation

In New Zealand, deportation refers to the act of removing a person from the country who is in the country unlawfully.

 

There are a number of reasons why you can become liable for deportation, including:

  1. Staying in New Zealand past the expiry date of your visa
  2. Breaching the conditions of your visa
  3. Committing a criminal offence
  4. Being in a situation where the person’s circumstances no longer meet the rules or criteria under which the visa was granted
  5. Immigration New Zealand discovering false or misleading information had been provided, or information was withheld, in a previous application that you had submitted or in which you were included.

 

There may be other reasons for your deportation, however, regardless of the reason, if you are served a deportation liability notice, your situation is dire. Contact us immediately so we can find out how to help.

If you are found liable for deportation, you will have the opportunity to appeal to the Immigration and Protection Tribunal.

Suspension of Deportation Liability Request as a Resident Visa Holder

In some cases, you may be able to request a suspension of your deportation. This means that if successful, your deportation will be delayed by a set time period.

How we can help:

  • Gathering information and documents to apply for suspension on your deportation liability
  • Drafting submissions to Immigration NZ to suspend your deportation liability
  • Liaising with Immigration NZ to represent you
Get in touch today!

Frequently Asked Questions

A Section 61 request is made under section 61 of the Immigration Act 2009. It allows a person who is unlawfully in New Zealand to request that INZ grant them a visa. The decision is entirely discretionary, meaning INZ is not required to approve or even consider the request.
You may be able to make a Section 61 request if you:
• Are unlawfully in New Zealand (your visa has expired), and
• Are not currently subject to a deportation order, or are otherwise eligible based on your circumstances
Most temporary visas can be requested, including:
• Visitor visas
• Student visas
• Work visas
In some instances, resident visas can also be requested but only on a case-by-case basis.
No. INZ has absolute discretion under Section 61. They may:
• Consider the request
• Decline the request
• Decide not to consider the request at all
INZ is not required to provide reasons for their decision.
INZ may consider a range of factors, including:
• Length of time you have been unlawfully in New Zealand
• Your immigration history and compliance
• Family, humanitarian, or compassionate circumstances
• Health or character issues
• Ties to New Zealand
• Pathway to residence in New Zealand
• Risk of further non-compliance
Each case is assessed individually.
Yes. Family members may be included, but each person is assessed separately. Their immigration status, health, and character requirements will also be considered.
No. There is no right of appeal or review if INZ declines or refuses to consider a Section 61 request. The decision is final.
You may be able to submit another request only if there has been a material change in your circumstances. Repeat requests without new information are often declined.
No. Submitting a Section 61 request does not automatically prevent deportation proceedings from going ahead. However, INZ will generally pause deportation action while a request is actively under consideration.
Yes. Section 61 requests are highly discretionary and complex. Our team has a good track record of getting approvals. Get in touch with us if you require assistance.

Our Experts

Muhammad Bin Kamarudin

Senior Associate | Solicitor

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Lethan Heugh

Solicitor

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