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Expired Work Visa: Section 61 and Other Options to Avoid Deportation

Migrants who wish to work in New Zealand are required to acquire a working visa. Without one, you may be considered to be staying unlawfully in the country. Worse still, your unlawful status can cause complications such as deportation. The good news is that if you act fast enough, you can find a viable solution to avoid this situation altogether. Here are some tips to help you.
 
Grounds for Deportation
 
The authorities cannot order your deportation without valid reasons. The most common case that leads to deportation is staying beyond the expiry date of your visa. This is why it is advisable to remember dates for renewal and constantly update your visa. Other grounds for deportation include breach of the conditions detailed for your visa, committing a criminal offence and obtaining a visa through fraud, forgery or misleading representation.
avoid deportation
 
Appeal Your Deportation Liability
 
If you feel that the reasons given by the Immigration & Protection Tribunal for your deportation, you have the right to appeal. But, you must remember to do so within 42 days of becoming unlawful or 42 days after the decision to decline your visa application has be confirmed. You must give proof that there are exceptional circumstances of a humanitarian nature that applies to your case. Seek help from a licensed immigration adviser for better chances of success.
 
Apply for Section 61 Request
 
If appealing your deportation liability is not a suitable option, you can always request a New Zealand work visa under Section 61. However, this take note that this is more of a “last resort” option as applying will not change your immigration status or your liability for deportation. Should your request be refused, you will still be required to leave New Zealand. If your request is approved, you will be granted a visa which you will have to pay a fee for.
 
To make a Section 61 request, you must do so in writing. Clearly explain your situation with as much details as possible. With the help of an immigration adviser, you can also provide appropriate evidence and other supporting documents to support your application.
 
Leave Voluntarily and Apply for New Visa
 
If you are not successful in the appealing your deportation liability and Section 61, your only choice is to leave voluntarily. Once you are out of the country, you can then apply for another visa provided that you meet all the criteria and complete all the requirements.

It’s understandable to feel a little overwhelmed when going through this process, especially with the threat of deportation. It is best to seek out professional help from a licensed immigration adviser, like Auckland South Immigration Consultants to improve your chances by knowing how your visa can be approved.
 
Sources:
 
Liable for deportation, Immigration New Zealand
Section 61 visa, Immigration New Zealand

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