How long do I have to appeal a declined residence visa?

42 days from when you are notified of the decline, to the Immigration and Protection Tribunal. The deadline is absolute — the tribunal has no power to accept a late residence appeal — so getting advice inside the window matters more than anything else.

Can a declined temporary visa be reconsidered?

Only if you applied from inside New Zealand and still hold a valid temporary visa: you then have 14 days from receiving the decline to request reconsideration, once, for a fee. Offshore applicants have no reconsideration right and generally reapply with evidence that answers the decline reasons.

What is a section 61 request?

A request for a visa by someone unlawfully in New Zealand, granted or declined at Immigration New Zealand's absolute discretion under section 61 of the Immigration Act 2009. No reasons need be given and there is no appeal, so the request itself must present the full case persuasively the first time.

Does a declined visa ruin future applications?

No, but it must be declared in every future application, and an unaddressed decline reason will keep declining you. A fresh application that squarely fixes the original problem — with evidence — succeeds routinely.

Visa declined in New Zealand — your options

Updated 25 July 2026

A declined visa application is rarely the end of the road, but every option after a decline runs on a strict clock. Declined temporary visa holders in New Zealand may have 14 days to request reconsideration; declined residence applicants have 42 days to appeal to the Immigration and Protection Tribunal, a deadline the tribunal cannot extend; and anyone now unlawful in New Zealand is in section 61 territory, where speed matters most of all. Work out which situation you are in first — the options are completely different.

First: read the decline letter properly

The letter states which instructions you failed to meet and why. Everything that follows — reconsideration, appeal, or a fresh application — turns on whether the decision was wrong on the information provided, or right but curable with better evidence. If Immigration New Zealand relied on information you never got to comment on, note it: fairness requires potentially prejudicial information to be put to you, and that failure strengthens a reconsideration or appeal.

Temporary visa declined: reconsideration within 14 days

If you applied from inside New Zealand for a further temporary visa and still hold a valid temporary visa, you can request reconsideration no later than 14 days after you received the decline, for a fee. It is a paper review, you get it once, and the second decision is final — so the request must squarely address the decline reasons with evidence, not simply ask Immigration New Zealand to look again. If you applied from offshore there is no reconsideration right; the realistic path is a new, stronger application that answers the decline reasons directly.

Residence declined: appeal to the tribunal within 42 days

Declined residence applicants can appeal to the Immigration and Protection Tribunal within 42 days of being notified. The tribunal decides two things: whether the decline was correct under the residence instructions, and whether you have special circumstances deserving a recommendation to the Minister as an exception. It can also cancel the decision and send the application back to Immigration New Zealand for a fresh assessment. Roughly half of decided residence appeals succeed — the full figures by category are in the appeal success rates guide — and represented appellants succeed materially more often than self-represented ones.

Unlawful in New Zealand: section 61

Once your visa expires you become unlawful, liable for deportation, and lose ordinary application rights. Section 61 of the Immigration Act 2009 lets Immigration New Zealand grant a visa to an unlawful person as a matter of absolute discretion: it can decline without giving reasons, and there is no appeal. A section 61 request therefore has to be complete, honest and compelling on arrival. This is the situation where professional help earns its fee most clearly, and where delay does the most damage.

Choosing help after a decline

Declines and appeals are the deep end of immigration work. A licensed immigration adviser or an immigration lawyer can run reconsiderations, tribunal appeals and section 61 requests; only lawyers can take the further step of judicial review in the High Court if the tribunal route fails or does not exist. Published tribunal records are one honest signal of appeal experience: profiles on this directory show each professional's decided appeals and outcomes, and the directory search filters by appeal experience and appeal type.

Frequently asked questions

How long do I have to appeal a declined residence visa?: 42 days from when you are notified of the decline, to the Immigration and Protection Tribunal. The deadline is absolute — the tribunal has no power to accept a late residence appeal — so getting advice inside the window matters more than anything else.
Can a declined temporary visa be reconsidered?: Only if you applied from inside New Zealand and still hold a valid temporary visa: you then have 14 days from receiving the decline to request reconsideration, once, for a fee. Offshore applicants have no reconsideration right and generally reapply with evidence that answers the decline reasons.
What is a section 61 request?: A request for a visa by someone unlawfully in New Zealand, granted or declined at Immigration New Zealand's absolute discretion under section 61 of the Immigration Act 2009. No reasons need be given and there is no appeal, so the request itself must present the full case persuasively the first time.
Does a declined visa ruin future applications?: No, but it must be declared in every future application, and an unaddressed decline reason will keep declining you. A fresh application that squarely fixes the original problem — with evidence — succeeds routinely.

Sources

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General information, not immigration advice. Rules change; always check the linked official sources.