Building a strong case
Although there are no application forms or specific requirements to submit a section 61 request, it is in an overstayer’s best interest to present clear and compelling special circumstances supported by as much supporting evidence as possible.
Factors that may help establish a special case and increase the chances of obtaining a favourable outcome include:
- lack of intention to overstay in New Zealand;
- efforts made towards regularising your unlawful immigration status;
- skilled employment and the employer’s support, if employed;
- other potential significant contributions to New Zealand (such as qualifications and work experience in an area of skill shortage);
- commitments and ties to New Zealand;
- personal circumstances of family members who are New Zealand residents or citizens (such as partner and children);
- adverse impact your deportation liability on New Zealand resident/citizen family member/s;
- sufficient response with supporting evidence to Immigration New Zealand’s outstanding concerns that resulted in your visa refusal and current unlawful status;
- good character and acceptable standard of health;
- a viable pathway to obtaining a resident visa;
- reasons for being unable to apply for a visa from your home country instead; and further circumstances which make your case special or out of ordinary.
The factors above are neither comprehensive nor necessary. Presenting your case in the best possible light depends highly on your circumstances. It is important that you identify the strengths and weaknesses of your case, that is, what will support the grant of your visa and what may prohibit the delegated immigration officer from allowing you to stay lawfully in New Zealand.
The key is to provide enough information with enough evidence to persuade the decision maker that your circumstances are so special that granting you a visa is warranted and does not compromise the integrity of New Zealand’s immigration system.
