Immigration Complications
Alongside our full range of visa services, we also assist clients facing immigration complications.
These situations arise when:
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Your circumstances do not meet standard policy requirements,
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Your visa has expired and you have become unlawful,
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Or Immigration New Zealand has declined your application and you believe the decision was incorrect.
If you are in New Zealand, you generally have more options to address your situation than if you are offshore. This is because people inside New Zealand may have access to rights under the Immigration Act 2009, including the ability to:
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Request a reconsideration of certain declined applications,
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Lodge an appeal (where eligible), or
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Seek other forms of review depending on the circumstances.
Every case is different, and the right approach depends on your immigration history, current status, and the pathway you are trying to pursue.
Most migrants work hard to maintain their lawful status in New Zealand, but sometimes circumstances outside their control—miscommunication, misleading advice, or unexpected events—can result in a person becoming unlawfully in New Zealand. Once someone is unlawful, their options become very limited.
One avenue available is a request for a visa under Section 61 of the Immigration Act 2009. This is a discretionary process where Immigration New Zealand may choose to grant any type of visa as a special case. There is no obligation for Immigration New Zealand to consider or approve a Section 61 request, and the threshold for approval is very high. Only genuinely exceptional circumstances are likely to succeed.
We specialise in preparing detailed, well-structured, and evidence-based Section 61 requests. Our role is to assess your situation carefully, advise whether a Section 61 request has merit, and—if appropriate—prepare and submit a robust request that clearly sets out your circumstances to the decision-maker.
While no outcome can be guaranteed, we will advocate strongly on your behalf and ensure your case is presented to the highest standard.
If Immigration New Zealand makes a decision that does not result in the outcome you were seeking, and there is merit in challenging it, you may be able to appeal to the Immigration & Protection Tribunal (IPT).
We can assist with:
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IPT appeals against deportation for people who are unlawfully in New Zealand or facing deportation liability
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IPT appeals against residence decisions, where Immigration New Zealand may have applied policy incorrectly or overlooked relevant evidence
IPT appeals are often complex, technical, and time-sensitive. We use our experience and understanding of immigration law to assess whether an appeal is justified and to guide you through each step of the process.
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In rare and exceptional situations, the only remaining pathway to seek a favourable outcome is to request Ministerial Intervention. This involves asking the Minister of Immigration—or an authorised delegate—to issue a Special Direction.
These requests are discretionary, reserved for circumstances that fall outside standard immigration instructions, and are only considered when all other avenues have been exhausted or are not available.
We can assess whether a ministerial approach is appropriate in your case. If so, we will prepare a thorough, well-reasoned submission outlining your circumstances and the grounds for seeking a Special Direction.
The Office of the Ombudsman is an independent body responsible for reviewing the actions and decisions of government agencies, including Immigration New Zealand (INZ). Its role is to ensure fairness, integrity, and proper administrative practice.
If appropriate, a complaint can be lodged with the Ombudsman to request an investigation or intervention. Situations that may justify an Ombudsman complaint include:
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Incorrect or improper processing of an immigration application
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Unsatisfactory quality of service from Immigration New Zealand
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Situations where INZ has not met its obligations to an applicant
Before approaching the Ombudsman, you must first use INZ’s internal complaints process. An Ombudsman complaint can only be made if that process has been completed and the issue remains unresolved.
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