Complex Immigration Matters
Section 61
If your visa has expired and you are currently in New Zealand unlawfully, one of the options for you would be to request a visa under Section 61 of the Immigration Act 2009. Such requests can only be submitted if you are not the holder of a valid visa in New Zealand.
While Immigration New Zealand has absolute discretion when assessing such requests, we have experience in presenting strong reasons and arguments for allowing the applicant to remain in New Zealand. If you find yourself in this situation, please contact us so that we can help you determine how best to make your case.
Character waivers
All applicants to New Zealand are required to prove that they are of good character in order to obtain a visa. However, for the people who do not meet these requirements and require assistance, we help you comply.
Candour is at the heart of what we do at Counsel One. Where character waivers are required, outside assistance is critical. However, if after understanding your circumstance our experts will give you an honest estimate of your chances.
If we think your application has a chance, we will go above and beyond to make sure that you have the best chance of success. This can be a complicated and anxious process but we promise to be with you every step of the way.
Medical Waivers
For visas to New Zealand you must have an acceptable standard of health. However, if you or any family member in your application do not meet this standard. In such a situation, you can apply to Immigration New Zealand for a medical waiver to be considered.
The acceptance of a medical waiver depends upon the class of visa for which you apply. For example, in the case of a resident visa application, you must meet all of the other requirements for approval before a medical waiver will even be considered. If we think your application has a chance, we will go above and beyond to make sure that you have the best chance of success. This can be a complicated and anxious process but we promise to be with you every step of the way.
Appeals to the Immigration and Protection Tribunal
If your application has been declined by Immigration New Zealand, you may be able to appeal the decision to the Immigration and Protection Tribunal (IPT). The IPT, which is a part of the Ministry of Justice, hears and determines appeals concerning INZ decisions on:
- residence class visas
- liability for deportation
- recognition of a person as a refugee or protected person
If you need professional advice or assistance as this is a complicated process, please get in touch with us so that we can help you make the right decision.
Ministerial Intervention
Ministerial intervention is seemingly an effort of last resort. If you’re unlawfully in New Zealand, for example if your visa has expired and you’ve stayed behind, and your attempts have failed including a Section 61 request, you may request ministerial intervention.
Through this process, one can petition the Associate Minister of Immigration who acts on behalf of the Minister of Immigration. However, the Associate Minister is unlikely to look at your case unless it truly is the last resort and all other means have been exhausted.
If you appear to have reached the end of the road and you do not know which way to turn, consider reaching out to us for professional advice and assistance.