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Visa Declined or Facing Deportation in Canterbury? Get a Free Answer.

If Immigration New Zealand has declined your visa, served you a deportation liability notice, or your visa has expired and you're now unlawful in Christchurch or anywhere in Canterbury, the clock is already running. Immigration is national law and it moves on strict deadlines: 42 days to appeal once you become unlawful, 28 days from a deportation liability notice if you hold a visa, and a one-shot Section 61 request if you've overstayed. You don't need to wait for an office to open. Our service gives free, plain-English legal information on the Immigration Act 2009, how the Immigration & Protection Tribunal works, and the first move to make. This is general legal information, not legal advice. Legal Hotline is not a law firm.

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Immigration Law in Canterbury — what to do right now

If Immigration New Zealand has sent you a deportation liability notice or your visa has expired, do not ignore it and do not just leave without getting information first, because the deadlines are short and unforgiving. If you hold a visa, you generally have 28 days from a deportation liability notice to appeal to the Immigration & Protection Tribunal; if you have already become unlawful (the day after your visa expired), you have 42 days to appeal on humanitarian grounds. If you have overstayed and have no appeal right, your main option is a Section 61 request asking Immigration New Zealand to grant a new visa at its absolute discretion. Write down every date on your INZ paperwork, do not let the deadline pass, and get free information on which path applies to you before you do anything.


The law in Canterbury: Immigration Law

Immigration in New Zealand is national law, not a Canterbury or regional matter, and that is the single most important thing to understand: the same Immigration Act 2009 applies whether you are in Christchurch, Timaru or anywhere else in the country. Immigration New Zealand (INZ), part of the Ministry of Business, Innovation and Employment, decides visas, residence and deportation. There is no regional immigration office that makes different rules. Appeals and many challenges go to the Immigration & Protection Tribunal (IPT), an independent tribunal run by the Ministry of Justice that sits nationally, and from there points of law can be taken to the High Court at Christchurch and on to the Court of Appeal.

Deportation runs under the Immigration Act 2009. A resident can become liable for deportation under section 161 if convicted of a qualifying criminal offence within a set period after gaining residence; a temporary visa holder can be liable for breaching conditions or other sufficient reason; and anyone who stays after their visa expires becomes unlawful and liable for deportation. The deadlines are strict and counted in days. If you hold a visa and get a deportation liability notice, you generally have 28 days to appeal to the IPT (on the facts and on exceptional humanitarian grounds). If you breached your visa conditions, you may have as little as 14 days to give reasons why you should not be deported. If you have already become unlawful, you have 42 days from when your unlawful status began to appeal to the IPT on humanitarian grounds. Miss these and the right is usually gone.

If you have overstayed and have no live appeal, the key tool is a Section 61 request: section 61 of the Immigration Act 2009 lets INZ, at its absolute discretion, grant a visa to a person who is unlawfully in New Zealand. It is a request, not an application: INZ does not have to consider it, does not have to give reasons, and there is no appeal from a refusal, so it must be done well the first time. A further discretionary route is a Special Direction request to the Minister under section 378. Visa categories most people deal with run through INZ instructions: the Accredited Employer Work Visa (AEWV) for employer-sponsored work, the Skilled Migrant Category (SMC) Resident Visa for skilled residence, and partner, family and student visas.

One thing that is unique to New Zealand and catches people out: who is even allowed to help you. Under the Immigration Advisers Licensing Act 2007, anyone who gives New Zealand immigration advice must hold a licence from the Immigration Advisers Authority (IAA) unless they are exempt, and the main exempt group is New Zealand lawyers. Using an unlicensed, unqualified person (or a friend who "knows the system") can wreck an application and is itself unlawful for them. None of this is legal advice about your specific case, but it shapes what good help in Canterbury actually looks like. Free information on how it applies to you is available through our service.

Key Legislation (national)

  • Immigration Act 2009 - visas, residence, deportation, and the appeal system
  • Immigration Act 2009, section 161 - deportation liability for residents convicted of qualifying offences
  • Immigration Act 2009, section 61 - discretionary grant of a visa to a person unlawfully in NZ
  • Immigration Act 2009, section 378 - Special Direction request to the Minister
  • Immigration Advisers Licensing Act 2007 - only IAA-licensed advisers or lawyers may give immigration advice

Who Decides, and Where

  • Immigration New Zealand (INZ), part of MBIE - decides visas, residence and deportation
  • Immigration & Protection Tribunal (IPT), Ministry of Justice - residence, deportation and refugee/protection appeals
  • High Court at Christchurch - appeals on points of law from the IPT for Canterbury cases
  • Immigration Advisers Authority (IAA) - licenses and regulates immigration advisers

Deadlines That Cannot Be Missed

  • Appeal once unlawful: 42 days from when your unlawful status began (humanitarian appeal to the IPT)
  • Appeal with a visa: 28 days from a deportation liability notice to appeal to the IPT
  • Visa-condition breach: as little as 14 days to give reasons why you should not be deported
  • Section 61 request: no fixed deadline, but make it before any deportation order is served
  • IPT decision times: residence appeals ~10-12 months; humanitarian deportation appeals ~8-10 months

Recent Changes (2025-2026)

  • From 10 March 2025 the AEWV median-wage requirement was removed - only the minimum wage (now $23.50/hr) and market rate apply
  • From 10 March 2025 the AEWV work-experience requirement dropped from 3 years to 2 years
  • From 18 August 2025 the median wage used for visa thresholds rose to $33.56/hour
  • Skilled Migrant Category uses a 6-point system (qualifications, occupational registration or income, plus NZ work experience)
  • New SMC skilled-work-experience and trades/technician pathways take effect from August 2026

The Appeal Clock and the Section 61 One-Shot in Christchurch

Two things ruin immigration cases in Canterbury before they begin. First: the appeal deadlines are counted in days and they are brutal. If you hold a visa, you generally have 28 days from a deportation liability notice to appeal to the Immigration & Protection Tribunal; once you become unlawful, you have 42 days; for a visa-condition breach it can be as short as 14 days. People wait, hope it resolves, or try to gather documents, and the right to appeal simply expires. Second: if you have already overstayed and have no appeal right, your realistic option is a Section 61 request, and it is a one-shot. INZ has absolute discretion, does not have to consider it, does not have to give reasons, and there is no appeal from a refusal, so a weak or rushed request can be your only chance gone. This is general information, not legal advice, but a free call tells you which deadline is ticking on your situation.


Likely outcomes & penalties

Immigration outcomes turn on the facts, the deadlines, and which category or relief you qualify for, and no one can promise a result. These are the real consequences people face under New Zealand law.
Deportation liability
A resident convicted of a qualifying offence within a set period of gaining residence can become liable for deportation under section 161 of the Immigration Act 2009; temporary visa holders can be liable for breaching conditions. Liability is not automatic removal, but it starts a short appeal clock to the Immigration & Protection Tribunal that you must not miss.
Overstaying and unlawful status
Staying past your visa expiry makes you unlawful and liable for deportation, and you have a legal obligation to leave. Being removed can trigger a re-entry ban (commonly a number of years, longer for repeat or serious cases), which is why "just leaving" can lock you out and why a Section 61 request is often the only path back to lawful status.
Visa decline
A declined work, partner, student or residence visa does not always carry an appeal right - many temporary visa declines can only be challenged by reconsideration or a fresh, better application, while residence declines can usually be appealed to the IPT within strict time limits. Knowing which applies decides your whole next move.
Using an unlicensed adviser
Taking immigration advice from someone who is not an IAA-licensed adviser or a New Zealand lawyer can mean wrong forms, missed deadlines and a damaged application, and it is unlawful for them to give that advice. The cost of fixing a botched application often dwarfs the cost of getting it right once.

Mistakes to avoid

⚠️
Letting the appeal clock run out: 28 days from a deportation liability notice with a visa, 42 days once you are unlawful, as little as 14 days for a condition breach. "I was getting documents together" almost never reopens an expired right.
⚠️
Treating a Section 61 request as something you can redo: INZ has absolute discretion, need not give reasons, and there is no appeal, so a weak first request can be the end of the road.
⚠️
Just leaving New Zealand after overstaying without getting information first, not realising removal can trigger a multi-year re-entry ban that blocks coming back lawfully.
⚠️
Using an unlicensed "agent" or a friend instead of an IAA-licensed adviser or a lawyer - it is unlawful for them and can sink your application with wrong forms or bad advice.
⚠️
Assuming a declined temporary visa can be appealed to the Tribunal like a residence decline - many temporary declines have no appeal right and need a reconsideration or a fresh application instead.

How it works

1
Call 0800 461 100 - free, in plain English, with no income test and no web form to wrestle with. If Immigration New Zealand has served a deportation liability notice, declined your visa, or your visa has expired, get information before a deadline passes. The New Zealand phone line is live now on 0800 461 100, explaining your rights and your next move any hour.
2
Get clear legal information on your situation under the Immigration Act 2009. Explain what has happened in your own words. You will hear how the appeal deadlines work, whether a Section 61 request fits your overstay, how the Immigration & Protection Tribunal handles your kind of appeal, and what a deportation liability notice actually means. This is legal information, not legal advice, and it creates no lawyer-client relationship. Legal Hotline is not a law firm.
3
Get pointed to the right help in Canterbury. If your situation needs a professional, we can point you to IAA-licensed immigration advisers and New Zealand immigration lawyers, and to free local services like Community Law Canterbury and the Canterbury Migrants Centre's immigration clinic in Christchurch. No pressure, no online checkout, your choice.

Free & low-cost Immigration Law help in Canterbury

Canterbury has real, free starting points for immigration help, and you do not have to be wealthy or know the system to use them. These are verified, no-cost or low-cost services based in Christchurch and across the region. Free information on which one fits your situation is available through our service.

Free legal help for the Canterbury and West Coast region, run by volunteer lawyers and law students under supervision. Based at 198 Montreal Street, Christchurch Central, with a clinic at New Brighton. Free legal information line 0508 226 529 (0508 CANLAW); phone (03) 366 6870. Legal advice is given in person by appointment or at drop-in clinics.
A free law clinic for migrants on immigration and employment issues, held weekly in Christchurch (166 St Asaph Street). Bookings essential by phone (03) 355 1315 / (03) 366 1379 or email. A practical first stop for migrants facing visa or deportation problems in Canterbury.
The national umbrella for free community law centres across New Zealand, including the Community Law Manual's detailed, plain-English chapters on deportation, visas and immigration rights. Use it to find your nearest centre and to read up on the deportation process before you call.
Free, confidential and independent information and advice on a huge range of issues, including pointing you to the right immigration help. CAB Christchurch City can help you understand your options and where to go next at no cost.
The official, searchable register of every IAA-licensed immigration adviser in New Zealand. Use it to check that anyone offering to help with your visa is actually licensed, before you hand over money or documents.
The official government source for visa categories, requirements, deportation information and online tools. The starting point for understanding your visa, your obligations, and what any notice from INZ actually means.

FAQ — Immigration Law in Canterbury

Immigration New Zealand sent me a deportation liability notice in Christchurch. How long do I have?

It depends on your status. If you hold a visa, you generally have 28 days from the deportation liability notice to appeal to the Immigration & Protection Tribunal on the facts and on exceptional humanitarian grounds. If you breached your visa conditions, it can be as short as 14 days to give reasons why you should not be deported. If you have already become unlawful, you have 42 days from when your unlawful status began. These deadlines are strict, so get free information on which one applies to you straight away.

My visa expired and I'm now unlawful in Canterbury. What can I do?

You have a legal obligation to leave, but you may still have options. If you are within 42 days of becoming unlawful, you may be able to appeal to the Immigration & Protection Tribunal on humanitarian grounds. If that window has passed, your main route is a Section 61 request asking Immigration New Zealand to grant you a new visa at its absolute discretion. Section 61 is a one-shot with no appeal, so it must be done well. Get free information before you make any move, including before you decide to leave.

What is a Section 61 request and should I make one?

Section 61 of the Immigration Act 2009 lets Immigration New Zealand grant a visa to someone who is unlawfully in New Zealand, entirely at its absolute discretion. It is a request, not an application: INZ does not have to consider it, does not have to give reasons, and there is no appeal if it is refused. That makes it powerful but risky - a weak request can be your only chance gone. For free information on whether Section 61 fits your situation, reach our service.

Who is allowed to give me immigration advice in New Zealand?

Under the Immigration Advisers Licensing Act 2007, only an immigration adviser licensed by the Immigration Advisers Authority (IAA) or an exempt person - mainly a New Zealand lawyer - may give New Zealand immigration advice. Using an unlicensed "agent" is risky and is unlawful for them. Always check the IAA register before paying anyone. Our service gives free legal information, not paid immigration advice, and can point you to licensed help in Canterbury.

Is immigration law different in Canterbury than the rest of New Zealand?

No. Immigration is national law under the Immigration Act 2009, decided by Immigration New Zealand, and the same rules apply in Christchurch as everywhere else. What is local is where you get help and where points of law are heard - the High Court at Christchurch handles Canterbury immigration appeals on points of law, and free services like Community Law Canterbury and the Canterbury Migrants Centre are right here. Get free information on how the national law applies to your case.

My work or partner visa was declined. Can I appeal?

It depends on the visa. Many temporary visa declines (work, visitor, student, partner) do not carry a right of appeal to the Tribunal and can only be challenged by a reconsideration request or a fresh, stronger application. Residence visa declines can usually be appealed to the Immigration & Protection Tribunal, but within strict time limits. Knowing which path you have decides everything. Get free information on your decline before any deadline runs.

Can I be deported for a criminal conviction in New Zealand?

Possibly, yes. Under section 161 of the Immigration Act 2009 a resident can become liable for deportation if convicted of a qualifying offence within a set period after gaining residence, and temporary visa holders can be liable too. Liability is not automatic removal - you usually have a short window to appeal to the Immigration & Protection Tribunal, including on humanitarian grounds. Get free information on your appeal rights and deadlines right away.

What changed for work visas in 2025?

Several things. From 10 March 2025 the Accredited Employer Work Visa no longer requires the median wage - only the minimum wage (now $23.50 an hour) and the market rate for the role - and the work-experience requirement dropped from three years to two. From 18 August 2025 the median wage used for various visa thresholds rose to $33.56 an hour. The Skilled Migrant Category uses a 6-point system. For free information on how these apply to you, reach our service.

How long does an appeal to the Immigration & Protection Tribunal take?

The Tribunal publishes general timeframes: residence appeals are generally decided within about 10 to 12 months of being received, and humanitarian (non-resident) deportation appeals within about 8 to 10 months. Lodging on time and getting your evidence right matters more than speed, because a late appeal is usually simply gone. Get free information on how to file your appeal correctly and on time.

Is there free immigration help in Christchurch?

Yes. Community Law Canterbury offers free legal help and a free information line (0508 226 529), and the Canterbury Migrants Centre runs a free weekly immigration and employment law clinic in Christchurch (bookings essential). The Citizens Advice Bureau can also point you in the right direction. To find out which fits your case, reach our service for free information - there is no income test to use us.

Should I just leave New Zealand if I've overstayed?

Not before you get information. Being deported or leaving with an overstay history can trigger a re-entry ban that blocks you from coming back lawfully for years, and there may be a better option - a humanitarian appeal if you are in time, or a Section 61 request. The wrong move now can lock you out for a long time. Get free information on your options before you decide anything.


Are you a Canterbury immigration lawyer or IAA-licensed adviser? Join our network.

We connect anxious, urgent callers across Canterbury - from Christchurch to Timaru and the wider region - with the right professional help for visa declines, deportation liability, Section 61 requests, Tribunal appeals, and family, work and residence applications. If you are a New Zealand immigration lawyer or an IAA-licensed immigration adviser working in Canterbury, especially one who can move fast on deadlines, we'd like to add you to the professionals we point callers to. Express your interest and we'll be in touch as we expand New Zealand coverage.

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't let the deadline run out. Free legal information — call 0800 461 100.

Whether Immigration New Zealand has served a deportation liability notice, declined your visa, or your visa has expired and you are now unlawful in Canterbury, the worst move is to wait and hope. Immigration law is national, fast, and unforgiving of missed deadlines - 28 days, 42 days, 14 days - and a botched Section 61 request can be your only chance gone. Our New Zealand service is live now on 0800 461 100, giving you free, plain-English legal information on the Immigration Act 2009, your appeal rights, and your next move. This is free legal information, not legal advice, and creates no lawyer-client relationship. Legal Hotline is not a law firm. Just real information, when you need it.

Free legal information. Not legal advice.

Last updated 21 June 2026
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