For those who have compelling reasons to stay in New Zealand well after your visa has expired, you may file for a section 61 request to legalise your stay. Otherwise, immigration officers will view your stay as unlawful, and would be enough grounds for your deportation.
It's often difficult to have your request approved, since the immigration officer has absolute discretion over the final decision of every request. An immigration officer may or may not provide an explanation as to why he denied a request for a New Zealand residence visa
under section 61, though there are a number of factors that can decrease your chances of having your request approved.
Problems with the Employer
When filing a section 61 request, it's important not only to present the necessary documents, but also to ensure that all your documents are as accurate as possible. There is a possibility, though, that your employer may be presenting your income falsely by paying differently to what the records show.
It's also possible that your employer isn't deducting PAYE taxes, thus causing discrepancies with your records. In this situation, an immigration officer may deny a section 61 request under the grounds that the visa holder, despite this discrepancies with their wages, accepted such a situation.
On the other hand, employees of a company that fails to meet a labour market check may be declared unlawful in New Zealand. This is because the company provided false information on their job advertisement.
Problems with Proof
If you're in New Zealand under a partnership work visa, it's always best to have proof of your work involvement or relationship. This can come in handy during section 61 situations, as an immigration officer will want to look for evidence that will establish a genuine and stable work relationship. Otherwise, your residence in New Zealand may be in jeopardy.
Problems with Applications
Other than having the relevant documents, it's equally important to file a section 61 request properly. At times, declined requests are caused by nothing more than ill-prepared and incorrect applications, leaving you with no choice than applying on humanitarian grounds or providing reasons for consideration to the Minister.
Whatever visa you hold, be it a work to residence visa
or a student visa, filing for a section 61 request can be a tricky process. It’s always a good idea, though, if you’re thinking of going it alone, to talk first to a licensed immigration adviser, like those from Auckland South Immigration Consultants, New Zealand & Australia, to explore your options and know how your visa can be approved. Auckland South Immigration Consultants can help you with sorting out correct evidence, records, and forms and in presenting a solid and justified case for section 61 treatment.
Section 61 visa, Immigration New Zealand