What about overstaying in New Zealand?
If New Zealand's visa expires and the visa holder remains in New Zealand, there will be an "expected stay", commonly known as "black". There are a number of reasons why a visa may be overstated, such as illness, accident, system failure, a global outbreak, or a personal subjective reason for wanting to stay in New Zealand." Unlike the United States, New Zealand has immigration police and great powers; New Zealand has no practice of actively arresting black immigrants, and according to government data, there are only about 10,000 "black" immigrants in New Zealand, not too many. We do not say "black is not black" reason, to see if there is really overdue detention, how to do?
If your visa has expired, it means that you are now entering the country illegally (which is referred to in immigration law as having "illegal status" or "illegal" entry). Once your status is illegal, you are usually not entitled to a new visa and you may have to leave New Zealand. However, New Zealand's immigration laws and immigration protection courts do offer some options for overdue:
Under section 61 of the Immigration Act, you can apply for a visa as a special case
You can appeal to the Immigration and Protection Tribunal on humanitarian grounds
Apply for a visa under section 61 of the New Zealand Immigration Act
If your visa has expired and you are now entering New Zealand illegally, one option is to apply for a visa under the special circumstances of section 61 of the Immigration Act. Usually this is a last-case scenario; it is mainly used in cases where you have tried all other means to obtain a visa without success. Use section 61, provided that you are in fact in good condition to stay in New Zealand, but only because of some very special circumstances "delayed" the application.
In these cases, Immigration New Zealand has "absolute discretion", which means there are few restrictions on the way they can be made, and you will not have the right to appeal if the Immigration Department refuses to consider your particular circumstances. Legally, Immigration New Zealand doesn't even have to consider your application... In practice, though, they will consider all applications at least to some extent.
The Immigration Act allows the Migration Board to grant all types of visas under section 61. Upon obtaining a visa under this section, you have the same immigration status as any other person who has obtained that particular type of visa.
Under section 61 of the Immigration Act, immigration New Zealand will focus on:
Your immigration history - for example, whether you have entered New Zealand illegally before
Your current situation - including why you need to stay in New Zealand, how long you have been in the country illegally, why you do not have a current visa, the efforts made to obtain a visa and whether you are in an illegal state is beyond your control
Your physical health and character, and even your personality
In addition, Immigration New Zealand will take into account:
Is it possible to enter New Zealand
Have you built a strong family relationship here?
Whether there is a security risk to forcibly deport or remain in the territory
Applicants will have a more robust case if:
You can provide Immigration New Zealand with details of your current situation and why you applied for a visa in exceptional circumstances, and
There is strong evidence that you contributed to New Zealand and
You have not attempted to stay illegally in New Zealand for a long time
To obtain a Section 61 visa, you don't have to show exceptional or humanitarian circumstances, but your situation usually needs to be different;
Applications on humanitarian grounds
Although immigration authorities can legally deport you to New Zealand if you are in New Zealand illegally, you can appeal on humanitarian grounds. The appeal is resolved by the Immigration and Protection Tribunal, a similar court body independent of Immigration New Zealand.
If Immigration New Zealand decides to deport you, you have six weeks (42 days) to appeal. Please note that these 42 days start when your identity becomes illegal (for example, the date your visa expires). However, if Immigration New Zealand has already rejected your visa application once, these 42 days are counted from the day the Immigration Department rejects you, even if the applicant's existing visa expired before Immigration New Zealand rejected you (e.g., the visa expired on 1 February, your application to the Immigration Department for a visa change or condition change was denied, and the Immigration Department gave "no approval" on 1 March, with 42 days to appeal from 1 March).
If your visa has expired, it means that you are now entering the country illegally (which is referred to in immigration law as having "illegal status" or "illegal" entry). Once your status is illegal, you are usually not entitled to a new visa and you may have to leave New Zealand. However, New Zealand's immigration laws and immigration protection courts do offer some options for overdue:
Under section 61 of the Immigration Act, you can apply for a visa as a special case
You can appeal to the Immigration and Protection Tribunal on humanitarian grounds
Apply for a visa under section 61 of the New Zealand Immigration Act
If your visa has expired and you are now entering New Zealand illegally, one option is to apply for a visa under the special circumstances of section 61 of the Immigration Act. Usually this is a last-case scenario; it is mainly used in cases where you have tried all other means to obtain a visa without success. Use section 61, provided that you are in fact in good condition to stay in New Zealand, but only because of some very special circumstances "delayed" the application.
In these cases, Immigration New Zealand has "absolute discretion", which means there are few restrictions on the way they can be made, and you will not have the right to appeal if the Immigration Department refuses to consider your particular circumstances. Legally, Immigration New Zealand doesn't even have to consider your application... In practice, though, they will consider all applications at least to some extent.
The Immigration Act allows the Migration Board to grant all types of visas under section 61. Upon obtaining a visa under this section, you have the same immigration status as any other person who has obtained that particular type of visa.
Under section 61 of the Immigration Act, immigration New Zealand will focus on:
Your immigration history - for example, whether you have entered New Zealand illegally before
Your current situation - including why you need to stay in New Zealand, how long you have been in the country illegally, why you do not have a current visa, the efforts made to obtain a visa and whether you are in an illegal state is beyond your control
Your physical health and character, and even your personality
In addition, Immigration New Zealand will take into account:
Is it possible to enter New Zealand
Have you built a strong family relationship here?
Whether there is a security risk to forcibly deport or remain in the territory
Applicants will have a more robust case if:
You can provide Immigration New Zealand with details of your current situation and why you applied for a visa in exceptional circumstances, and
There is strong evidence that you contributed to New Zealand and
You have not attempted to stay illegally in New Zealand for a long time
To obtain a Section 61 visa, you don't have to show exceptional or humanitarian circumstances, but your situation usually needs to be different;
Applications on humanitarian grounds
Although immigration authorities can legally deport you to New Zealand if you are in New Zealand illegally, you can appeal on humanitarian grounds. The appeal is resolved by the Immigration and Protection Tribunal, a similar court body independent of Immigration New Zealand.
If Immigration New Zealand decides to deport you, you have six weeks (42 days) to appeal. Please note that these 42 days start when your identity becomes illegal (for example, the date your visa expires). However, if Immigration New Zealand has already rejected your visa application once, these 42 days are counted from the day the Immigration Department rejects you, even if the applicant's existing visa expired before Immigration New Zealand rejected you (e.g., the visa expired on 1 February, your application to the Immigration Department for a visa change or condition change was denied, and the Immigration Department gave "no approval" on 1 March, with 42 days to appeal from 1 March).
