Emmy in NZ

Hi all,

Sorry I haven’t been on here for a while. I have a quick question. Is it true that if you get a criminal conviction with in the first two years of having NZ PR you will be deported? I really hope there is someone out there who can help. I have tried to phone NZIS but they keep putting me through to someone else who is either busy or I get cut off!!

Thanks

Emily

BritboyNZ

Yes, you can be stripped of your PR if you get a criminal conviction however it depends on the seriousness of the offence, and your immigration status:

From the Immigration Act 1987:


(1)Subject to sections 93[, 93A, and 112], the Minister may, by order signed by the Minister, order the deportation from New Zealand of any holder of a residence permit who—

(a)Is convicted (whether in New Zealand or not) of an offence committed at any time when that person was in New Zealand unlawfully or was the holder of a temporary permit or was exempt under this Act from the requirement to hold a permit, or within 2 years after that person is first granted a residence permit, being an offence for which the Court has power to impose imprisonment for a term of 3 months or more; or

(b)Is convicted (whether in New Zealand or not) of 2 offences committed within 5 years after that person is first granted a residence permit, each of those offences being an offence for which the Court has power to impose imprisonment for a term of 12 months or more; or

(c)Is convicted (whether in New Zealand or not) of an offence committed within 5 years after that person is first granted a residence permit and is sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

[(ca)is convicted of an offence against section 39(1) or section 39A(1) of this Act committed within 10 years after the person is first granted a residence permit; or]

(d)Is convicted (whether in New Zealand or not) of an offence committed within 10 years after that person is first granted a residence permit and is sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more.


So in plain English this means you can be deported if you:

are convicted of ANY offence if/when you are/were in NZ illegally
are convicted of ANY offence if/when you are/were in NZ on a temporary permit (eg visitors permit/WHV/work permit)
are convicted of ANY offence if you are exempt from holding a permit (this refers to Australian Citizens in NZ and means that an aussie living in NZ only has to do something minor, and then risks being deported).

If you have PR, and within 2 years of gaining PR you commit an offence punishable by 3 months or more imprisonment.

If you have PR, and within 5 years of gaining PR you commit 2 offences both punishable by 12 months or more imprisonment.

If you are imprisoned for more than 12 months.


Russ

renth

So, what have you done then?

Emmy in NZ

Oh thank you Russ so much that has really put my mind to rest I knew one of you old timers would know the answer to my question

Emily

Emmy in NZ

My husband walked out on me and our son for one of my good friends. When i saw her on saturday night, after i had had a couple of bottles of wine, i hit her. It was the first time i had see her and i just lost it Stupid i know but she wants to press charges!! :scared: The police said i was looking at a fine and community service. I dont mind but i just didnt want to be deported.

Hope this clarifies things

Emily

Watt Dabney

Hi Emily,

I have followed your move to NZ from the very beginning. I am terribly sorry to hear your life has taken such a difficult and drastic change of direction. I send you good vibes and hope that in the long run the change will open doors and opportunites for you and your son.

Keep your chin up and hope everything turns out ok for you both.

Paula

Gra.B

Sorry to hear that Emmy..

But it sounds like you're safe with PR....& you're probably safe to give her another slap...or two!

All the best, Gra..

Emmy in NZ

LOL thanks Gra bit i think ill give it a miss

And thanks Paula I am OK really. I am better off here than in the UK. I have lots of very supportive friends so im all good.

Emily