New Zealand has emerged as one of the most desired destinations for immigrants across the globe, offering a diverse and inclusive society, strong economy, and high quality of life. The New Zealand government has an elaborate and comprehensive immigration policy that has attracted many skilled workers and entrepreneurs to move and settle down in the country. For those who do not meet the eligibility criteria for other visa categories, Section 61 of the Immigration Act 2009 can provide options for a pathway to immigration. It is important to understand Section 61 and how it can be applied for immigration to New Zealand.
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What is Section 61?
Section 61 is a discretionary provision under the Immigration Act 2009 which allows a person to apply for a visa if they do not meet the usual visa requirements. The section primarily caters to individuals already present in New Zealand who wish to remain and continue living in the country, even though they may be considered as unlawfully present. If a person has overstayed their visa or their visa has expired, they can apply under Section 61 to regularize their status and obtain a visa to remain in the country.
Eligibility Criteria to apply under Section 61
To apply under Section 61, one must have exceptional circumstances which are beyond their control and cannot leave New Zealand due to compelling reasons. This includes critical medical condition, fire and flood, a family emergency, or victimization in a natural disaster. Applicants must also submit supporting evidence to prove their eligibility for Section 61.
Application Process for Section 61
Applications for Section 61 are considered on a discretionary and case-to-case basis, and no guarantee of acceptance is provided. Applicants must fill out an application form, offer the requisite supporting documentation, and provide an explanation of their exceptional circumstances. Once an application is made, it is referred to a compliance officer and then referred to the manager who will make the decision based on the individual's circumstances. Applicants must be prepared to provide additional information if required by the compliance officer.
Advantages and Disadvantages of applying under Section 61
The primary advantage of applying under Section 61 is that an individual can continue to remain in New Zealand, regardless of the status of their visa. This is especially important for people who have strong ties to their community and cannot easily leave due to exceptional circumstances. However, it is essential to note that an application made under Section 61 does not guarantee a new visa. Additionally, if an application is unsuccessful, it may result in more complex immigration issues in the future.
Conclusion:
In summary, Section 61 can be a useful pathway for individuals to remain lawfully in New Zealand, even if they do not meet the standard visa requirements. However, it is crucial to understand the eligibility criteria and application process before applying under Section 61. Additionally, applicants must be prepared to provide genuine and compelling evidence of exceptional circumstances in their case. Seeking advice from a licensed immigration adviser or a Lawyer is recommended for a successful application under Section 61.
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