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Thread: Section 61 Immigration Act

  1. #1
    Tracy Hayward is offline Junior Member
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    Mar 2011
    Hamilton, New Zealand, New Zealand

    Smile Section 61 Immigration Act

    Hi there, was just looking for some information on how to apply under Section 61, me and my partner put in application for another work permit, but accidentally didn't sign the form so by the time they got the application back to me to inform me that he didn't sign it, his permit had expired... so they said he had become unlawful and have said if we were to re-apply we'd have to do so under section 61.
    Anyone have any ideas on what I would have to write in this letter of application to section 61.

    Any help is appreciated.. :D

  2. #2
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    May 2004
    Hamilton, NZ
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    I would think they want you to just state you are applying under section 61 and explain your circumstances as to why you became unlawful in a covering letter. Just so they know how to deal with your case. I don't think there is any kind of special application form, just a covering letter to go with a regular application.

    The greatest mistake you can make in life is to be continually fearing you will make one.

  3. #3
    MotherBear's Avatar
    MotherBear is offline The missing link
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    currently Ras al Khaimah, UAE, ex Wales, UK
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    On hindsight, it would have been a good idea for him to get a visit visa once he realised his work visa was expiring.

    It doesn't mention below how you apply for a section 61, but I guess Taffy's version is as good as any. If you're in doubt, check with INZ to make sure there isn't a particular form you need to fill in.

    E8.1 Granting a visa under section 61

    See also Immigration Act 2009 ss 11, 20, 61

    1. The Minister may at any time, of his or her own volition, grant a visa of any type to a person who is:
    1. in New Zealand unlawfully; and
    2. not a person in respect of whom a deportation order is in force under the Immigration Act 2009; and
    3. not subject to a removal order or a deportation order under the Immigration Act 1987.
    2. The Minister's power to grant a visa in a special case is delegated to immigration officers with Schedule 1-3 delegations.
    3. Officers must make decisions on the merits of the individual case balanced against the public interest, and current immigration instructions are relevant but not a deciding factor.
    4. No person who is unlawfully in New Zealand may apply for a visa under section 61 and, where any such person purports to apply for a visa, a decision to grant a visa under E8.1 (a) is at the absolute discretion of the Minister or delegated officer.
    Mother Bear

    Try to bloom wherever you are planted.

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