A declined visa is stressful, but it is often not the end of the road. What you can do depends on three things: whether it was a temporary or a residence visa, whether you applied from inside or outside New Zealand, and how many days have passed since the decision. Some options close after 14 days, others after 42, and none of these deadlines can be extended.
Your Options at a Glance
| Your situation | Main option | Deadline | Cost |
|---|---|---|---|
| Temporary visa declined, applied in New Zealand | Reconsideration (section 185) | 14 days from notification | INZ fee applies |
| Temporary visa declined, applied from overseas | No formal right. Ask INZ to reconsider with new information, or reapply | Act promptly | Free to ask |
| Residence visa declined | Appeal to the Immigration and Protection Tribunal (IPT) | 42 days from notification | NZ$964 |
| Now unlawfully in New Zealand after a decline | Humanitarian appeal against deportation (IPT), or a section 61 request | Strict IPT deadline; get advice immediately | NZ$964 (IPT) |
| Any visa, problem was missing evidence or eligibility | Fix the problem and apply again | No set deadline | New application fee |
If you are in New Zealand and your visa has expired or is about to: your immigration status is the most urgent issue, ahead of the decline itself. Talk to a licensed immigration adviser today, not next week.
Step 1: Read the Decline Letter
The decision letter tells you the reasons for the decline, what INZ relied on, and, for residence decisions, your appeal rights and deadline. Read it again once the initial shock has passed, and note:
- The date you were notified. Your deadlines run from this date.
- The specific reasons. "Insufficient evidence of living together" needs a very different response from "not satisfied your job offer is genuine" or a character concern.
- Whether INZ mentions an appeal right. If the letter doesn't mention one, you probably don't have one for this decision.
- Your current visa's expiry date, if you are in New Zealand.
Check whether INZ sent you a potentially prejudicial information (PPI) letter before the decision. If it did and you didn't respond, or responded weakly, that is often exactly where a new application, reconsideration or appeal needs to focus.
Option 1: Reconsideration of a Temporary Visa (Section 185)
If you applied for a temporary visa (work, student or visitor) while you were in New Zealand and it was declined, section 185 of the Immigration Act 2009 gives you a right to ask for reconsideration. It is not just a favour.
The rules:
- Deadline: within 14 days of being notified of the decline. Ask while you are still lawfully in New Zealand, so before your current visa expires.
- How: in writing, in English, by post (not online). Include everything you want considered, your passport and the reconsideration fee.
- Who decides: a different immigration officer at least as senior as the original decision-maker, or the Minister.
- While you wait: a request doesn't extend your current visa, but you cannot be deported while it is being decided.
- Outcome: the reconsideration decision is final. You can't ask for a second one.
- Not available if the original decision was made by the Minister.
What makes a reconsideration work: a clear error in the decision (a document overlooked, a rule misapplied, a wrong calculation), or evidence that answers the specific reason for the decline. Repeating the same arguments rarely succeeds. With only 14 days, start immediately. This is one of the situations where a licensed adviser earns their fee.
Declined from outside New Zealand
If you applied from overseas, there is no right to reconsideration. INZ policy does let officers reconsider if you promptly provide new and compelling information, and offshore requests can be made online. Otherwise, the usual route is to fix the problem and apply again.
Option 2: Appeal a Residence Decline to the IPT
The Immigration and Protection Tribunal is independent of INZ. You can appeal a declined residence class visa if you believe:
- The decision was wrong under the residence instructions that applied when you applied, and/or
- You have special circumstances that warrant the Minister considering an exception to the rules.
The rules:
- Deadline: the Tribunal must receive your appeal and the fee within 42 days of notification. Weekends count; weekday public holidays and your regional anniversary day don't. The Tribunal cannot extend this deadline.
- Fee: NZ$964 (from 1 July 2026). It can't be waived and isn't refunded if you withdraw.
- How: online using the Residence Appeal form, or on paper by email, post, courier or in person.
- Your visa: an appeal does not keep you lawfully in New Zealand. If your temporary visa expires, you must apply for another one or leave. If you leave New Zealand, the appeal can continue.
- Outcomes: the Tribunal can confirm the decision, reverse it, cancel it and send it back to INZ to decide again, or recommend that the Minister consider your special circumstances.
- After the Tribunal: you have 28 days to seek leave from the High Court to appeal on a point of law, or to apply for judicial review. You need a lawyer for this.
Appeals succeed most often where INZ misapplied a rule, ignored or misread evidence, or didn't give you a fair chance to respond to PPI, or where genuine special circumstances exist. Because you can file first and add submissions and evidence later, lodge on time even if your case isn't fully prepared.
Residence declines are common in partnership cases. See the partnership visa guide for the 12-month living-together rule and sponsor limits that cause many of them.
Option 3: If You Are Now Unlawfully in New Zealand
If your visa has expired, for example because a temporary visa was declined and your interim visa ended, you are unlawfully in New Zealand and liable for deportation. This is urgent.
- Humanitarian appeal to the IPT: you can appeal against deportation on humanitarian grounds. You must show exceptional circumstances of a humanitarian nature that would make deportation unjust or unduly harsh, and that letting you stay is not contrary to the public interest. The deadline is strict (generally 42 days, including after a reconsideration is confirmed) and the IPT fee applies.
- Section 61 request: INZ has a discretionary power to grant a visa to someone unlawfully in New Zealand. It is not a right, INZ doesn't have to consider it, and most requests are refused. Strong humanitarian circumstances and a clear explanation of how you became unlawful matter most. If you're refused, you can complain to the Ombudsman.
Don't send a section 61 request or contact INZ about your status without advice. A poorly prepared request can speed up enforcement. See our overstayer guide as well.
Option 4: Fix the Problem and Apply Again
For many declines, especially for missing evidence or eligibility gaps, a new, stronger application is the most practical route, and often faster than an appeal.
- Work through every reason in the decline letter and fix each one (more relationship evidence, a different employer, qualification recognition, updated medicals).
- Declare the previous decline. Every INZ form asks. Not declaring it is misrepresentation, which is far more damaging than the original decline.
- Include a cover letter explaining what has changed since the decline.
- Declines for misrepresentation or character reasons are more serious. Get specialist advice before applying again.
Adviser or Lawyer?
A licensed immigration adviser is the right professional for most reconsiderations, PPI responses, new applications and many IPT residence appeals. Consider an immigration lawyer if your case involves High Court proceedings or judicial review, a criminal conviction, deportation with complex humanitarian issues, or a misrepresentation finding.
If the adviser who prepared the declined application made errors, get a second opinion before trusting them with the appeal.
Visa declined and the clock is running? Get matched with a licensed immigration adviser who handles reconsiderations and appeals.