Unless you're a bona fide citizen, the New Zealand government will only be able to extend their hospitalities for a given amount of time. Once it ends, it's considered your legal obligation to leave New Zealand as soon as possible, otherwise you'll be liable to deportation.
Staying well after your New Zealand visa
expires is considered an unlawful activity and can be grounds for deportation. Should you have a compelling reason to stay beyond the given time, however, you may still be granted a visa under section 61 of the Immigration Act 2009.
What it Entails
When you make a section 61 request, you are expected to provide a compelling reason as to why you stayed in New Zealand unlawfully, or why you can't return to your home country to apply for a visa. Though there is no need to provide documents, including any supporting documents may help increase your chances of getting your request approved.
What Makes it Different
Even if you apply for a visa under section 61, this doesn't necessarily guarantee your New Zealand immigration status or your chances of deportation. Keep in mind that this process is different from visa applications in different ways. For one, a case officer doesn't have to consider all requests, and he isn't compelled to provide a reason for not considering a particular request.
Once he does consider your request, a case officer doesn't have to follow any timeframe. Granting a request will be a matter for the “absolute discretion” of a senior immigrant officer. Should your request be granted, you are expected to pay the necessary fees, depending on the type of visa you hold.
Denied Requests: What to Do?
It's often hard to tell whether your request will be granted or not. Should your request be denied, all hope is not lost in re-entering New Zealand, as you'll simply need to apply for a visa offshore. Remember that you'll still need to meet all the necessary requirements and criteria of the visa you're applying for.
Leaving immediately and voluntarily once your section 61 request has been denied is always the best option. When you refuse to leave the country voluntarily, the Immigration Compliance Team will serve you a deportation order, which may result in arrest and detention. You won't be able to apply for visa offshore immediately, as individuals served with a deportation order aren't allowed to return to New Zealand for up to five years.
Surprisingly, a number of immigrants have been asking questions about section 61 requests. It’s always a good idea, though, to talk first to a licensed NZ immigration adviser
, like those from Auckland South Immigration Consultants, New Zealand & Australia, to explore your options and know how your visa can be approved.
Section 61 visa, New Zealand Immigration