A visa decline is a worst-fear scenario for many. It is often accompanied by extreme stress and anxiety. While this is a difficult position to be in, staying calm and seeking professional advice can help you navigate your next steps.
Hopefully, the following information will help clarify your options.
In a hurry? There are five real paths after a decline — reconsideration, IPT appeal, Section 61, a complaint to the Ombudsman, and ministerial intervention. Each has its own deadline and is only available in certain situations. For a side-by-side comparison of the three main appeal routes, see Reconsideration vs IPT Appeal vs Section 61. For depth on the last-resort option if you're already unlawful, see Section 61 requests in NZ.
1. Prevention: Avoid the Last-Minute Application
With visa applications, as with everything in life, it pays to be on time. Always allow Immigration New Zealand (INZ) enough time for processing.
Check Processing Times: You can check expected processing times on the INZ website or ask your adviser for an estimate.
The "Interim Visa" Caution
If your current visa expires while your new application is still processing, you will usually be granted an Interim Visa. This keeps your status lawful and may allow you to continue working.
However, there is a catch: If your application is declined, your Interim Visa expires 21 days after the decision date (or when it reaches its 6-month limit, whichever happens first).
Important Lesson: The 21-day timeframe is intended for you to make arrangements to leave NZ. After that, you become unlawful and liable for deportation. If possible, apply early enough to get a decision before your current visa expires.
2. My Visa Was Declined: What Are My Options?
If you receive a decline letter, your options depend entirely on where you are located and what visa you applied for.
Scenario A: You are Overseas (Offshore)
If you are outside New Zealand and applied for a temporary class visa (Visitor, Student, or Work), the process generally ends at the decline.
- No Appeal: There is usually no avenue for reconsideration or appeal for offshore temporary visa declines.
- Next Step: Your only option is typically to address the reasons for the decline and submit a fresh application.
Scenario B: You are in New Zealand (Onshore)
If you are currently in New Zealand and applied for a Temporary Class Visa (Work, Student, Visitor, or Partner), you have more options.
You may request a Reconsideration:
- The Deadline: You must submit this request in writing within 14 days of the decline decision.
- The Process: A different immigration officer will review your case. They may confirm the original decision, or, if they find an error or sufficient new evidence, they may reverse it.
- The Strategy: While INZ is not obliged to consider "fresh" information, it is often worthwhile to provide additional evidence that clarifies your situation.
Tips for Reconsideration:
- Read the decline letter closely: INZ will list the specific immigration instructions you failed to meet.
- Check for missing info: Did you miss a piece of evidence that would have added substantial weight to your case? Was there a misunderstanding of the facts?
- Seek advice immediately: Immigration advisers are trained to interpret policy. They can tell you if the decision aligns with the rules or if a mistake was made.
3. Residence Visa Declines
If you applied for a Residence Visa (regardless of location), you do not have the right to a reconsideration.
The Option: You may appeal the decision to the Immigration and Protection Tribunal (IPT).
4. What If I Am "Unlawful" or Outside the 14-Day Window?
If you stay in New Zealand after your visa expires, you become "unlawful."
Consequence: You lose the right to make a normal visa application or apply for reconsideration, and your status is "liable to be deported" (i.e., INZ can remove you from NZ if they choose to).
Option: Section 61 Request
If you are unlawful (and have not been served a Deportation Order), you may make a request under Section 61.
- Absolute Discretion: These are not normal applications. INZ does not have to consider the request, and they do not have to provide a reason if they decline it.
- High Risk: Because the decision is entirely up to INZ, these requests are risky and require careful preparation.
Option: IPT Appeals
You may appeal to the IPT within 42 days of the decline (or the date you became unlawful). This is usually reserved for cases with exceptional humanitarian circumstances. This is a highly specialized area of law; while you can appeal yourself, engaging a professional is strongly recommended.
Option: Complaint to the Ombudsman
On a case-by-case basis, an immigration professional may advise you to make a complaint to the Office of the Ombudsman. This is appropriate where Immigration New Zealand appears to have made a significant procedural or administrative error and has failed to rectify it through reconsideration. An Ombudsman complaint is not a substitute for an appeal — it is a review of INZ's conduct and decision-making process — but in the right case it can prompt INZ to reopen a matter or change its position.
Option: Ministerial Intervention
In a small number of cases — usually where there are strong humanitarian factors, New Zealand-born children, long settlement in NZ, or where every other avenue has been exhausted — your adviser may recommend a request for ministerial intervention. The Associate Minister of Immigration has discretionary powers to grant a visa or cancel deportation liability in special cases. These requests are highly discretionary, slow, and require a carefully evidenced submission.
Summary
A visa decline is not a desirable outcome, but there are real avenues to explore: reconsideration (14 days, temporary visas, onshore), IPT appeal (42 days, residence visas or exceptional humanitarian circumstances), Section 61 (only if you're unlawful), a complaint to the Ombudsman (administrative error by INZ), and ministerial intervention (exceptional cases, absolute discretion). Because strict time limits apply, it pays to speak with a trained professional immediately — and to read the side-by-side comparison in Reconsideration vs IPT Appeal vs Section 61 before you choose a path.
Consultation Checklist: What to Bring
Time is critical when a visa is declined. To get the best advice during your initial consultation, please have the following documents ready:
1. The Decline Letter (Full Copy)
We need to see the exact wording and the specific "Immigration Instructions" INZ says were not met. This establishes your deadline for appeal or reconsideration.
2. A Copy of Your Submitted Application
To defend your case, we need to compare what INZ says you provided against what you actually submitted.
3. Your Current Passport & Visa Details
We need to verify if you are currently on an Interim Visa, a substantive visa, or if you have become unlawful (Section 61 status).
4. Any "Fresh" or Missing Information
If you realized you forgot to upload a document, or if your situation has changed since you applied (e.g., a new job offer or updated partnership evidence), bring these details.
5. Email History with INZ
Did the case officer ask for more information (PPI letter) before declining? Your response to that email is crucial for understanding if a procedural error occurred.
Disclaimer: The above information is general in nature and should not be used as a substitute for professional legal or immigration advice.
Visa Declined? Know Your Options
A declined visa, a PPI letter, character issues, or being unlawful in New Zealand all sit in the same family of high-stakes immigration decisions. These connected guides explain each path: