If you stay in New Zealand after your visa expires
You are not allowed to stay in New Zealand after your visa expires. Find out what to do if you need to stay past your visa expiry.
If your visa has expired
You must have a valid visa to stay in New Zealand. If your visa has expired, you are in New Zealand unlawfully and must leave immediately.
Staying without a visa is against the law. You can be:
- detained (held by authorities), and
- deported (removed from New Zealand).
Check your visa expiry date
You can find your visa expiry date in your passport or in the eVisa letter we sent you. You must leave New Zealand on or before this date.
You can also contact us to find out your visa expiry date.
If you need to stay longer
You cannot extend your visa. You must apply for a new visa before your current visa expires.
Apply for another visa at least 1 month before your visa expires.
How long it takes to process an application
Note
You cannot get a new temporary visa such as a work, student or visitor visa if you are in New Zealand on a limited, interim or transit visa.
If you stay after your visa expires
If you stay without a visa:
- you are breaking the law
- you cannot work or study
- you are not eligible for publicly funded health services, except in limited circumstances
- you may be banned from returning to New Zealand if you stay unlawfully for 42 days or more, and
- you risk being detained and deported.
Helping someone stay unlawfully is also against the law. Family or friends who help you may:
- commit an offence under the Immigration Act 2009
- risk their own immigration status.
Warning
Making a section 61 request does not automatically stop deportation
If you are in New Zealand unlawfully and request a visa under section 61 of the Immigration Act 2009:
- there is no obligation to consider your request
- there is no guarantee that you will be granted a visa
- you are still liable for deportation, and
- we may serve you with a deportation-order and deport you.
A section 61 request is not a way to stay in New Zealand unlawfully. You are expected to leave the country as required by law.
If you leave voluntarily before being served a deportation order, you may still be eligible for a New Zealand visa in future. If you are deported this may negatively affect your ability to get a New Zealand visa in the future.
Making a Section 61 request
You should only request a visa under section 61 if you believe you have a special case. These requests are only approved in some situations.
You cannot be granted a visa under section 61 if a deportation order has already been issued to you.
Section 61 of the Immigration Act 2009: Grant of visa in special case - New Zealand Legislation
How to make a request
Put your request in writing and email it to:
Explain your circumstances as fully as possible and attach to your email any evidence to support your request.
Do not provide credit card details with your request. We will contact you for payment once your request is assessed and we decide to grant you a visa.
In your request include:
- your personal details — your name, date of birth and Immigration New Zealand (INZ) client number
- your contact details — email address, phone number and postal address
- an explanation of why you are still in New Zealand after your visa has expired — for example, tell us why you could not return to your home country or go to another country to apply for a new New Zealand visa
- details of your personal circumstances, such as your family or work, that support your reasons for wanting to stay in New Zealand
- how staying in New Zealand could contribute to our country, particularly if you would like to stay here for a long time
- what type of visa you would like — for example a visitor or study visa — and how long you would like to stay.
Supporting documents
When you email your request attach a copy of the personal details page in your passport.
There are no other documents you must provide, but it is recommended to attach copies of any supporting evidence to back up any claims in your request.
How we assess your Section 61 request
The process for assessing a Section 61 request is different from assessing a visa application. All requests are handled by a senior immigration officer at our Manukau Office.
Under the law, the officer has no obligation to consider your request and does not have to:
- provide any reasons for their decision
- make any enquiries about the information you provide in support of the request or about other information Immigration New Zealand (INZ) holds about you
- grant a visa of the type or length you asked for — for example, they can give you a visitor visa instead of a work visa
- grant a specific visa even if you seem to meet the criteria for that visa.
How long it takes to assess your request
Each case is different and there is no time frame for assessing Section 61 requests.
If we refuse your request
You must leave New Zealand immediately. If you do not depart voluntarily, we can serve you with a deportation order and deport you.
Deportation and how you can appeal
Appealing the decision
You cannot appeal a Section 61 decision. You can apply to the High Court for judicial review of the decision, but the judge can only consider the decision-making process and not your circumstances.
If we approve your request
We approve your request in principle. You must pay the correct fee for your visa, and for anyone else included in your request, before we issue your visa.
Use our online 'Fees, decision times and where to apply' tool to find out what you will pay for your visa if we approve your request in principle. Search for 'section 61' and select the visa type that applies to you.
Fees, decision times and where to apply
We will contact you to ask for the fee.