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ITA received :) Advice needed about Character Requirements

ITA received :) Advice needed about Character Requirements

Old Mar 28th 2012, 9:10 am
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Default ITA received :) Advice needed about Character Requirements

Hi Folks

Wonder if anyone can advise.. yesterday we received our ITA, just as we were about to crack open the champers, we noticed a potential problem.

Over 20 years ago, my OH was a fool and at age 17 was charged for a drink driving offense. We of course declared this in our EOI and given that he is now 39 and has not so much had as much as parking ticket since, we figured it would be okay. However our letter states:

I note from your expression of interest you have declared the following character concerns: drink driving charge in 1990. When you submit your application for residence, this may result in you being considered for a character waiver. If this occurs there is no guarantee of a favourable outcome.

Please be aware that this invitation to submit an application under the SMC is not an indication that you meet good character requirements to be granted residence in New Zealand.


I know you guys won't be able to give me a definite answer but has anyone come across a similar situation? Is this a standard response for a character declaration or should we be worried? It's such an expensive process to go ahead if we're unlikely to be accepted....

Any wise words appreciated!
HeatherGirl

EOI Submitted: 7/03/2012 EOI Selected: 21/03/2012 ITA Received: 27/03/2012
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Old Mar 28th 2012, 9:55 am
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Default Re: ITA received :) Advice needed about Character Requirements

The logic is that:

Default is a character waiver isn't required.
His declaration means they are just warning you that the declaration may mean he may be told to submit a character waiver request.
They are then warning that by definition, if that occurs, the outcome is not definite.

So needing a waiver is just a possibility they are warning you about at this stage.

You may find it useful to research the character requirements and see what discretion/guidelines they have in that space.
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Old Mar 28th 2012, 11:13 am
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Default Re: ITA received :) Advice needed about Character Requirements

Thank you for your help Simonsi.

I couldn't find anything on the NZ immigation site but after googling I did find information on the Immigration Act 2009 which states with regards to the offense, that an applicant will need to apply for a visa waiver if:

h.convicted at any time during the last five years, of an offence (including a traffic offence), involving dangerous driving, driving having consumed excessive alcohol (including drunk driving and driving with a blood or breath alcohol content in excess of a specified limit) or driving having consumed drugs; or

Therefore as his is over 20 years ago - fingers crossed it will be ok.
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