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Navigating New Zealand Immigration
For a lucky few, immigrating to New Zealand may be a reasonably straightforward process. However, for many others, navigating the visa categories, deciding on what path to take, and where to begin, can be a confusing, challenging and lengthy process.
How Pathways Can Help
Whether it is to address a person's unlawful status, a breach of visa conditions, correct a flawed visa application, advocating on significant health or character issues, addressing employment compliance matters, or other concerns raised by Immigration New Zealand, the input of a Pathways adviser with knowledge and experience in these matters can be the difference between a successful visa outcome or otherwise.
Declined Visas, Complaints and Appeals
There are also the situations where a visa is declined which can trigger a formal complaint and/or an appeal to the Immigration and Protection Tribunal (IPT), and these are also areas in which Pathways advisers are very experienced and successful.
Section 61 Requests
If you are in New Zealand unlawfully (your visa has expired and you have not left), normally you cannot apply for a new visa. However, the Immigration Act 2009 gives the Minister of Immigration a special discretionary power, under Section 61, to grant a visa if they choose to. This power can also be used by senior immigration officials. Importantly, there's no obligation on Immigration New Zealand to even consider these requests, and if a decision is made, they do not have to explain their reasoning which can feel very challenging. Our specialist team has significant experience in successfully undertaking Section 61 requests.
Section 378 Special Directions (Ministerial request)
A Section 378 Special Direction, most commonly referred to as a Ministerial request, is essentially a last-resort safety valve in New Zealand immigration law. It allows the Minister of Immigration (or a delegated decision maker) to step in and grant a visa, or make an exception to the rules, when none of the usual pathways will work. This is a wholly discretionary power used only in genuinely exceptional or compelling circumstances, typically once every standard visa option and even Section 61 requests have already been tried and failed. Requests for a Special Direction are made directly to the Minister's office and assessed on a case-by-case basis, so having a clear, well-documented case is essential. For this reason it is important to have the support of specialist advisers when undertaking a Ministerial request, and this is a highly specialised area of work that our team has significant experience and success in. We have a track record of success in Ministerial Requests for matters including long term unlawful status, health challenges, age waivers for highly sought after professionals to apply for New Zealand residence, and English language waivers to facilitate residence applications in exceptional circumstances.
Medical Waivers for Visa Applications
If a health condition is standing between you and your New Zealand visa, you may not be out of options. Immigration New Zealand can in certain circumstances grant a medical waiver, which allows your application to proceed even if you do not meet the standard health requirements. You cannot apply for this directly, it is assessed during the course of the application - and only certain applications (such as residence and many partnership-based applications) are eligible for these to be considered. based on factors like your family ties to New Zealand, the support you'd realistically need from health services, and the overall benefit you'd bring to the country.
Whether a waiver is likely depends heavily on your specific circumstances and visa type, and there are some conditions where a waiver simply won't be granted, so getting this assessment right from the start matters. Our licensed advisers can review your situation, help you understand your chances before you apply, and make sure your application is presented in the strongest possible way to support a favourable outcome. Get in touch for a consultation and let's talk through your options.
Section 17 Special Directions (Character and Other Exceptions)
A Section 17 Special Direction is another form of discretionary intervention under the Immigration Act 2009. It allows the Minister of Immigration, or a delegated decision-maker, to grant a visa or make an exception to immigration instructions in circumstances where an applicant does not meet specific requirements - most commonly where there are character issues, such as a criminal conviction, previous deportation, or a ban on re-entry. This power is entirely discretionary and is only used in exceptional cases where there are compelling humanitarian factors, strong connections to New Zealand, or other significant circumstances that justify an exception to the usual rules. Unlike standard visa applications, there is no formal application process or guaranteed right to have a request considered, and Immigration New Zealand is not required to provide reasons for any decision made. Requests under Section 17 must therefore be carefully prepared, clearly setting out the full background, evidence of rehabilitation (where relevant), and the broader context of the applicant’s situation. Given the high threshold and the discretionary nature of these requests, specialist advice is essential. Our team has extensive experience in assessing when a Section 17 request is appropriate and presenting cases in the strongest possible way.
Character Waiver Requests
If your application is affected by character concerns - such as criminal convictions, immigration breaches, or previous deportation - you may still be eligible for a visa if Immigration New Zealand is satisfied that a character waiver should be granted. A character waiver is not something you apply for separately. Instead, it is considered alongside your visa application if you do not meet the standard character requirements set out in immigration instructions. The decision-maker will assess whether there are sufficient reasons to grant a visa despite the character concerns, taking into account factors such as the nature and seriousness of the issue, how long ago it occurred, evidence of rehabilitation, your personal circumstances, and your ties to New Zealand.
Not all applications are eligible for a character waiver, and the likelihood of success depends heavily on the individual facts of the case. It is therefore critical to identify any risks early, understand how Immigration New Zealand is likely to assess your situation, and present clear, well-supported evidence addressing those concerns. Our licensed advisers have a proven track record in this specialised area of work, and can provide an upfront assessment of your circumstances, advise on your prospects, and prepare a comprehensive submission to support a character waiver where appropriate.
Deportation Liability and Appeals
If you are in New Zealand without a valid visa, have breached your visa conditions, or have had your visa declined or cancelled, you may become liable for deportation under the Immigration Act 2009. Deportation can also arise for residence visa holders in certain circumstances, including criminal offending or providing false or misleading information. Being liable for deportation does not always mean you will be immediately removed from New Zealand. In many cases, you may have the right to appeal to the Immigration and Protection Tribunal (IPT), particularly if you hold (or previously held) a residence visa. These appeals are typically based on exceptional humanitarian circumstances, which may include your family ties to New Zealand, the best interests of any children involved, your length of time here, and the impact deportation would have on you and your family. Strict timeframes apply to deportation appeals, and missing these deadlines can significantly limit your options. In some situations, other avenues may still be available, such as making a request under Section 61 or seeking a Ministerial intervention, but these are discretionary and carry a high threshold. Deportation cases are complex and often time-critical. It is essential to obtain advice early to understand your rights, assess your options, and ensure any appeal or request is carefully prepared and supported by strong evidence. Our licensed advisers have extensive experience in managing deportation matters, including appeals to the IPT and preparing complex humanitarian submissions aimed at securing the best possible outcome.
Other Pathways to Citizenship
There are also other criteria under which a person can obtain New Zealand citizenship including citizenship by descent for children who are born overseas to a New Zealand citizen parent. Further information can be found on our blog What you need to know before you apply for New Zealand citizenship.
How We Can Help
Citizenship applications are processed by the Citizenship Office which is part of the Department of Internal Affairs, and each person must meet the eligibility criteria and make a separate application. Pathways advisers are well-versed with New Zealand citizenship application process and are ready to guide you on this final step of your New Zealand immigration journey.
Immigration for Individuals & Families Query
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