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What is an S61 Request?

Overview: An S61 Request under the New Zealand Immigration Act is a critical application for individuals who have overstayed their visa in New Zealand. This request is their pathway to apply for a new visa under special circumstances.

In-depth Purpos: The S61 Request is specifically designed for those who find themselves unlawfully in New Zealand but have compelling reasons that prevented them from maintaining their legal status. It offers a chance to rectify their situation without leaving the country, albeit under strict scrutiny and specific conditions.

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Detailed Explanation of S61 Request



Only individuals currently in New Zealand without a valid visa can apply. This is not a standard visa application but a request for consideration under exceptional circumstances.

Discretionary Nature

Immigration New Zealand treats each S61 Request on a case-by-case basis. Approval is not guaranteed and depends on the strength of each individual’s situation and submission.

Content of Application

A successful S61 Request typically includes detailed explanations for the overstay, evidence of ties to New Zealand, and reasons why the applicant couldn’t apply for a visa in a standard manner. It should also demonstrate the applicant’s commitment to complying with immigration rules moving forward.

Critical Factors

Factors like community ties, family in New Zealand, employment, or health issues that might have contributed to the overstay are taken into consideration.

If you’re considering applying for a S61 Request, get in touch with one of our friendly consultants via email ( or call us at 09 369 1681 or 021 039 1964 today. Let us help you make your dream of living in New Zealand a reality!

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What is the Process S61 Request?

Detailed Consultation and Evaluation

A thorough assessment of your unique situation to determine the feasibility of an S61 Request.

Comprehensive Documentation Gathering

Collecting extensive evidence and documents to build a robust case, including personal statements, support letters, medical records, or employment evidence.

Strategic and Thoughtful Submission

Crafting a persuasive request that addresses all pertinent issues and reasons for overstaying.

Active Communication

Continuous liaison with Immigration NZ to handle queries and provide additional information.

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What types of evidence strengthen an S61 Request?

Documentation showing strong ties to New Zealand, such as family connections, employment, or community involvement.

Is there a deadline for submitting an S61 Request after my visa expires?

The sooner, the better, as you remain unlawfully in NZ until the request is approved.

What happens if my S61 Request is denied?

Options may be limited; departure from New Zealand could be necessary, and future visa applications might be affected.

Can family members be included in an S61 Request?

This depends on the specific circumstances of each case.

How can ICL Immigration assist in this process?

We provide expert advice, document preparation, and representation to Immigration NZ, enhancing the chances of a favorable outcome.

Can I work while waiting for my S61 Request decision?

Legally, you cannot engage in employment until your status is regularized.

Will my overstay affect future visa applications?

Yes, it can impact the assessment of future applications, making the S61 Request crucial.

Can I travel outside NZ while my S61 Request is being processed?

Leaving New Zealand may result in not being able to return under the same application.

How can I prove my intention to comply with immigration rules?

Evidence of understanding and commitment to New Zealand's immigration policies can be crucial.

What are the common reasons for S61 Request rejections?

Lack of compelling reasons for the overstay or insufficient evidence to support the application.

How does ICL Immigration enhance my chances of a successful S61 Request?

Our expertise lies in preparing a comprehensive application with all necessary documentation and strong justifications.

Is it possible to apply for an S61 Request more than once?

Generally, it’s a one-time opportunity. Subsequent requests are rarely considered unless there are significantly new or compelling reasons.

What kind of legal representation is offered by ICL for an S61 Request?

We provide detailed legal advice, document preparation, and communication with Immigration NZ on your behalf.

How long does it typically take to receive a decision on an S61 Request?

Timelines vary greatly depending on the complexity of each case.

What should I do if my situation changes during the S61 Request process?

Inform your ICL representative immediately to adjust your application accordingly.

Disclaimer: The information provided is subject to change based on New Zealand government policies. For the most current information, please refer to Immigration New Zealand or contact ICL Immigration for updated guidance.

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