From Unlawful to Legal – How Section 61 Can Help

Becoming unlawful in New Zealand is far more common than many people realise. With nearly 21,000 individuals currently without valid immigration status, the situation affects families, communities, and workplaces across the country. While the experience can feel overwhelming, unlawful status does not always mean the end of the road. Many people fall out of lawful status unintentionally due to delayed decisions, incorrect immigration advice, financial pressures, family emergencies, or gaps in the visa system itself. Understanding how Section 61 works, and how to use it strategically, can be the turning point toward rebuilding lawful status.

Understanding the Scale of the Issue

As of 1 July 2025, Immigration New Zealand estimates that 20,980 people are in the country unlawfully. INZ has increased its compliance activity significantly, resulting in more workplace checks, more deportation actions, and stricter oversight of immigration histories. This rise in enforcement can heighten fear, but it also highlights the importance of acting early. Many people who become unlawful did everything correctly—they applied on time but did not receive an interim visa, they arrived in New Zealand as young children and never knew their immigration status, or they were waiting for humanitarian or refugee decisions during extended processing periods. Others may lack the resources or legal support to understand how to resolve their situation.

Section 61: A Critical but Complex Pathway

Section 61 of the Immigration Act exists for people who are already unlawful and need a last‑chance option to request a new visa. It allows someone to apply for a visa despite having overstayed. However, Section 61 operates on absolute discretion. Immigration New Zealand is not required to consider the request, respond to it, or provide reasons for declining it. There is also no right of appeal. Because of this, the strength and clarity of the submission are vital. A Section 61 request should not be rushed or treated as a simple formality—it must be strategically planned and supported by meaningful evidence.

What a Strong Section 61 Request Needs

A persuasive Section 61 request is built around a clear narrative. It should explain why the individual became unlawful, supported by a timeline and proof of previous attempts to stay lawful. It should also outline what actions were taken as soon as the problem was discovered, demonstrating responsibility and good faith. A strong application also highlights ties to New Zealand—this may include long‑term residence, work commitments, schooling, community involvement, or close family relationships. Demonstrating good character, compliance history (even if imperfect), and a realistic pathway forward is essential. Ultimately, Immigration New Zealand wants to see why granting a visa now makes practical sense and how the applicant plans to remain lawful going forward.

Why Expertise Matters

Because Section 61 requests carry high stakes and no guaranteed process, professional guidance can make a significant difference.

At Dalley Sundar, we:

• Gather detailed evidence to build the strongest possible case
• Provide strategic advice on which visa to request and why
• Draft compelling submissions that address your personal circumstances, immigration history, and pathway forward
• Help you avoid common pitfalls that lead to declines

A well‑structured Section 61 request can truly be a turning point. We support clients through every stage, helping them move from uncertainty to stability and giving them their best chance at staying legally in New Zealand.