NZ character waiver

Old Oct 21st 2015, 9:33 am
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Default NZ character waiver

Hi can any one help. My wife and I have recently submitted a skilled migrant visa and have been told that it is unlikely that I will be given a waiver due to an incident which occurred some 8 nearly 9 years ago. I was charged with ABH and I got 150 hours unpaid voluntary work.

The principle applicant is my wife she has a very good job offer. We are worried about this can any one help? has anyone else got a waiver? can you tell me how you got it?

Sorry this isn't the best worded thread...
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Old Oct 21st 2015, 9:47 am
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Default Re: NZ character waiver

who has told you you would not get a waiver?

looking at the immigration site you would probably get a waiver if you are not covered by these sections:
Immigration Act 2009 No 51 (as at 06 June 2015), Public Act 15 Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand – New Zealand Legislation

Immigration Act 2009 No 51 (as at 06 June 2015), Public Act 16 Certain other persons not eligible for visa or entry permission – New Zealand Legislation

each waiver is taken by case to case evidence.
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Old Oct 21st 2015, 10:24 am
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Default Re: NZ character waiver

Hi the case officer based in London sent my wife an ermail yesterday. there is a sentence saying that it is unlikely that I would be granted a waiver. She also spoke to him and he said the same thing. We have been open and honest about this the EOI stated that we needed to submit details of the offence, which we did. We are now thinking of more detail citing the benefit of my wife's employment and the significant impact it will have on NZ.

We also thought that a waiver would be granted. Is this just standard procedure...?

Thanks
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Old Oct 21st 2015, 7:08 pm
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Default Re: NZ character waiver

Originally Posted by Rustyspanner View Post
Hi the case officer based in London sent my wife an ermail yesterday. there is a sentence saying that it is unlikely that I would be granted a waiver. She also spoke to him and he said the same thing. We have been open and honest about this the EOI stated that we needed to submit details of the offence, which we did. We are now thinking of more detail citing the benefit of my wife's employment and the significant impact it will have on NZ.

We also thought that a waiver would be granted. Is this just standard procedure...?

Thanks
Sorry not had to do one personally and I think other waivers I have read about have been when the person had just been cautioned not convicted of a crime. I suggest that your wife calls again and asks to speak to someone more senior as even if the case officer recommends the application the second check person may not. Best to know for sure before you spend out any more money or you speak to a recommended immigration advisor but not sure how useful that would be but they may be able to help with a waiver if immigration do agree it could be submitted. But again more money and no guarantee.
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Old Oct 21st 2015, 9:44 pm
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Default Re: NZ character waiver

I do know and have read of a couple of chaps that have needed a waiver and been granted one.

If you are concerned it may be worth your while engaging an immigration lawyer.

My suggestion for you would be Lane Neave

Here is an old thread about this type of thing. just so you know you are not the only one.

Don't take the opinion of one case officer as read. Do contact Lane Neave and have a chat.
It will be about presentation of the facts and your reformed character more than the actual charge in a way.

Last edited by BEVS; Oct 21st 2015 at 9:46 pm.
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Old Oct 22nd 2015, 7:49 am
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Default Re: NZ character waiver

We have spoken to the case officer and he told my wife that the email he sent was rather strongly worded. He said that he was relatively satisfied with the information we provided but we have submitted some additional stuff.

Thanks
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Old Oct 22nd 2015, 3:44 pm
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Default Re: NZ character waiver

Does simple motoring offences eg driving without due care and attention resulting from hitting someone from behind in traffic count? 3 points on licence


I'm guessing it's only offences that carry more than 12 months in a bed and breakfast by the queen is included?
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Old Oct 22nd 2015, 7:35 pm
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Default Re: NZ character waiver

Originally Posted by UktoNZ2016 View Post
Does simple motoring offences eg driving without due care and attention resulting from hitting someone from behind in traffic count? 3 points on licence
?
think its a requirement actually
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Old Oct 22nd 2015, 8:58 pm
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Default Re: NZ character waiver

Lol
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Old Oct 23rd 2015, 2:11 am
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Default Re: NZ character waiver

Originally Posted by UktoNZ2016 View Post
Does simple motoring offences eg driving without due care and attention resulting from hitting someone from behind in traffic count? 3 points on licence


I'm guessing it's only offences that carry more than 12 months in a bed and breakfast by the queen is included?
I'm not really sure what you mean by this nor the 2nd post containing 'lol'.

If you mean what is the NZIS policy , see below

A5.25 Applicants normally ineligible for a residence class visa unless granted a character waiver

Applicants who will not normally be granted a residence class visa, unless granted a character waiver (see A5.25.1(b) below), include any person who has been:

convicted at any time of any offence against the immigration, citizenship or passport laws of any country;

or convicted at any time of any offence involving prohibited drugs;
or convicted at any time of any offence involving dishonesty;
or convicted at any time of any offence of a sexual nature;
or convicted at any time of any offence for which they were sentenced to a term of imprisonment (whether the sentence was of immediate effect or was deferred or was suspended in whole or in part);
or convicted (whether in New Zealand or not) of an offence committed at any time when the applicant was in New Zealand unlawfully
or was the holder of a temporary entry class visa or held a temporary permit under the Immigration Act 1987
or was exempt under that Act from the requirement to hold a permit, being an offence for which the court has power to impose imprisonment for a term of three months or more;
or convicted at any time of any offence involving violence;
or 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 in the course of applying for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information;
or at any time in a public speech or public comments, or public broadcast, or in publicly distributing or publishing a document; argues that one race or colour is inherently inferior or superior to another race or colour;
or used language intended to encourage hostility or ill will against any person or group of persons on the basis of colour, race or ethnic or national origins of that person or group;
or has been, or is, a member of (or adheres or has adhered to) any organisation or group of people which (at the time of the person's membership or adherence) had objectives or principles based on: hostility against people or groups of people on the basis of colour, race, or ethnic or national origins:
or an assumption that persons of a particular race or colour are inherently inferior or superior to other races or colours;
or in support of any application by another person for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged.
For the OP it is this
"or convicted at any time of any offence involving violence"
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Old Oct 23rd 2015, 6:16 am
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Default Re: NZ character waiver

Sorry I took you up wrong and assumed you meant noting wrong with hitting someone from behind as its a common occurrence!

Driving without due care and attention is the lowest of motoring and below dangerous. Most traffic accidents will result in being prosecuted for this if it's your fault.

But again declare all and add a description.
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