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New Zealand law explained for everyone

Immigration Act 2009

Visas - Visas generally - General rules relating to visas

61: Grant of visa in special case

You could also call this:

“Minister can grant visa without application in special circumstances”

The Minister can choose to give you a visa at any time, even if you’re in New Zealand without permission. This can happen if you don’t have a deportation order or a removal order against you. The Minister doesn’t need a reason to do this - it’s completely up to them to decide.

You don’t need to ask for this visa. The Minister can decide to give it to you on their own. This special rule lets the Minister help people who might be in a tough situation, but it’s not something you can count on or ask for directly.

Remember, this only applies if you’re in New Zealand without the right visa, but you’re not already being told to leave the country. The Minister has the final say on whether to use this power or not.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440673.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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“Visa applicants must provide biometric data like fingerprints or photos”

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61A: Grant of visas by special direction, or

“This section about granting special visas has been removed from the law”

Part 3 Visas
Visas generally: General rules relating to visas

61Grant of visa in special case

  1. The Minister may at any time, of the Minister’s own volition, grant a visa of any type to a person who—

  2. is unlawfully in New Zealand; and
    1. is not a person in respect of whom a deportation order is in force; and
      1. is not a person in respect of whom a removal order is in force.

        1. A decision to grant a visa under subsection (1) is in the Minister’s absolute discretion.

        Compare
        Notes
        • Section 61(1)(b): amended, on , by section 19(1) of the Immigration Amendment Act 2015 (2015 No 48).
        • Section 61(1)(c): inserted, on , by section 19(2) of the Immigration Amendment Act 2015 (2015 No 48).