Bex2203

Hi all

We are applying for more work visas (been in New Zealand for almost 2 years already). We have just got my husbands background check back from america (I am British, he is American) and there is an arrest from 2006 ( when he was 24) on there and he was charged with driving on a suspended license, not wearing a seatbelt and having an expired inspection sticker on his vehicle.

Will this affect our visa application is your opinion? I am holding out hope that because it was "minor" stuff and 9 years ago the answer would be no!!

Other than that his record is clean as a whistle.

Thanks,

Bex

Dorothy

If you're in NZ already did he declare it on the application to get there in the first place?

MrsFychan

I'm guessing you are on a 12mth temp visa as to why this did not come up before. I would imagine you would be ok but at the end of the day comes down to the CO and how they are feeling on the day, what charge was given, fine, sentence, suspended sentence??

Bex2203

Just fines... License was suspended just until he had paid the fines. Which is just a Louisiana thing apparently.
No we are on sponsored work visas now. On the last one we didn't have to submit a background check because we hadn't been here 2 years.
And where it says "have you ever been convicted etc..." We ticked "no" because he was never actually convicted... He was taken to the police station and paid his fines and left. He didn't have to go to court etc...
Honestly, when doing our applications last year this didn't even cross our minds as something that would show up or be an issue.

MrsFychan

yes he was convicted or they wouldn't of been able to fine him and enforce those fines, well thats my understanding of the law.

not sure how that will impact on your new visa but as it was so long ago you might be ok. As I say all down to the CO and their understanding and lean on the rules

Bex2203

A conviction is by a jury or judge in a court of law. That was our understanding originally and I just looked it up in the dictionary and got the same answer! He was fined just like anyone else who gets a traffic ticket.

Bex2203

Sorry I didn't mean for that response to come across as agitated, I am quite stressed.

MrsFychan

no offence taken, just that a fine is a criminal sanction so....
as I said it depends on the CO and as its a motoring offence and nothing to do with drugs or firearms so....but no one will be able to tell you what will happen as it comes down to the CO - sorry not much help

Bex2203

Thanks, was just wondering if anyone had similar experience really. Obviously there's no point stressing about something we can't change.
We will just include a very clear, concise cover letter with his application explaining the circumstances surrounding the charges in 2006 and also why we ticked no to having any criminal convictions. And hope for the best!!

escapedtonz

If it helps....
The only difference being I did declare everything on the Resident visa application form up front.

I received a conviction for driving with excess alcohol in 1997 so 13 years prior to application. Banned for 12 months and £250 fine.
I also had a conviction for excess speed (over 100mph on the motorway) that also went to court and I received a fine - no ban. That was 7 years prior to application.

Neither of them even got a mention in our visa process.

Bex2203

Thanks so much escapedtonz. That really does help settle my neurotic mind!