Section 61 Request
A section 61 request asks Immigration New Zealand to grant a visa to someone who is unlawfully in New Zealand. It is not an application and there is no right to make one. It costs nothing to ask; a fee becomes payable only if INZ decides in principle to grant a visa.
Quick Facts
| Detail | |
|---|---|
| What it is | A request for a visa in special circumstances while unlawfully in New Zealand |
| How to make it | By email to [email protected], with personal details, circumstances and supporting documents |
| Cost to request | Nothing |
| Fee if granted | NZD $640 for a temporary entry class visa, NZD $1,510 for a residence class visa |
| Timeframe | No set assessment timeframe |
| Hard limit | You cannot be granted a visa under section 61 once a deportation order has been issued |
| Does it stop deportation? | No. Making a request does not automatically stop deportation |
Fees from the INZ Fees Guide (INZ 1028, May 2026).
Why it matters
Section 61 is the only route back to lawful status for someone already unlawfully in New Zealand. Once a visa has expired, INZ's published position is unambiguous: "If your visa has expired, you are in New Zealand unlawfully and must leave immediately." Unlawful people cannot work, cannot study, and are ineligible for most publicly funded health services.
Against that, a section 61 request is the mechanism that can restore status without leaving. It is used after an expired visa, after a declined application where the previous visa has run out, and in situations where someone has lost track of their status entirely.
It matters just as much for what it cannot do. It does not pause deportation, and it stops working entirely once a deportation order has been issued. Both facts are on INZ's own page and both are routinely missed.
How it works
It is a request, not an application. Section 61 of the Immigration Act 2009 gives INZ a discretion to grant a visa to a person unlawfully in New Zealand. There is no application form and no entitlement to have a request considered.
It is made by email. The request goes to [email protected] with personal details, an explanation of the circumstances, and supporting documentation.
The fee comes later, if at all. Making the request costs nothing. INZ's published position is that there is a fee if approved, payable only after INZ decides in principle to grant the visa. That fee is $640 for a temporary entry class visa or $1,510 for a residence class visa. This is why "section 61 is free" is only half right — the request is free, the outcome is not.
There is no published timeframe. INZ states there is no set timeframe for assessment. Unlike a visa application, there is no processing-time figure to plan around.
Deportation runs in parallel. Making a request does not automatically stop deportation, and once a deportation order has been issued a section 61 grant is no longer available. Timing is therefore critical, and it is the reason people in this position generally need a licensed immigration adviser or a New Zealand lawyer immediately rather than eventually.
Fuller treatment sits at section 61 request explained.
Where it sits among the other routes
New Zealand offers three distinct routes when something has gone wrong, and they are not interchangeable.
| Route | For | Cost |
|---|---|---|
| Reconsideration | A declined temporary visa, where you applied in New Zealand, are still here, and hold a valid visa including an interim visa. INZ must receive it within 14 calendar days of your receiving the decision | NZD $220 |
| Appeal to the Immigration and Protection Tribunal | A declined residence class visa, deportation liability, and refugee or protected person decisions | NZD $964 for residence and deportation appeals; refugee and protection appeals are free |
| Section 61 request | Someone unlawfully in New Zealand, with no valid visa | Free to request; $640 or $1,510 if granted |
The comparison page is reconsideration vs appeal vs section 61.
What people get wrong about it
"Section 61 is free." Making the request is. If INZ decides in principle to grant, the fee is $640 or $1,510. Say it with the qualification or it is misleading.
"Filing a request protects me." It does not. INZ states plainly that a request does not automatically stop deportation. People have been deported while a request was outstanding.
"I can do it after the deportation order." You cannot. Once a deportation order has been issued, section 61 is closed to you.
"It is an appeal." It is not. There is no tribunal, no hearing and no right to be heard. It is a request that INZ has a discretion to consider.
"There is a processing time I can wait out." There is no set assessment timeframe, and status remains unlawful throughout. Every day unlawful carries consequences, including exposure to a re-entry ban after 42 days of unlawful stay.
Frequently Asked Questions
What is a section 61 request in New Zealand?
A request asking INZ to exercise its discretion to grant a visa to a person who is unlawfully in New Zealand. It is made by email to [email protected] and is not a formal visa application.
How much does a section 61 request cost?
Nothing to make. If INZ decides in principle to grant a visa, the fee is NZD $640 for a temporary entry class visa or NZD $1,510 for a residence class visa, per the INZ Fees Guide of May 2026.
How long does a section 61 request take?
INZ publishes no set timeframe for assessment. There is no processing-time estimate for section 61 as there is for visa applications, and status remains unlawful while the request is outstanding.
Does a section 61 request stop deportation?
No. INZ states that making a request does not automatically stop deportation. It also states that a visa cannot be granted under section 61 once a deportation order has already been issued.
Can I make a second section 61 request?
INZ does not publish a limit, but the request is discretionary and there is no entitlement to have any request considered. Anyone in this situation should take licensed advice rather than resubmitting on the same material.
What happens if I overstay in New Zealand?
You are unlawfully in New Zealand and must leave immediately. You cannot work or study, and you may face detention and deportation. Staying unlawfully for 42 days or longer may result in a ban on returning. INZ states that departing voluntarily is materially better than being deported. See overstaying a visa in New Zealand.
