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NZ - SMC visa refuse, can I apply again ?

NZ - SMC visa refuse, can I apply again ?

Old Dec 3rd 2013, 2:12 am
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Unhappy NZ - SMC visa refuse, can I apply again ?

Hello,

I am from India. My SMC visa refused once in 16-May-2013.

My visa was refused because we (me + my wife) do not know about "adviser must be licensed" rule.

In my old application I was primary applicant and my wife was dependent applicant.

As per PPI letter it says that
"Given this, it seems that you have given false and misleading information and have withheld material information regarding the involvement and the part played by am immigration advisor in your application. Hence, presently it appears that you are unable to meet the minimum character requirements to warrant an approval of your application.

Considering all this, as of now it seems that in the course of applying for a NZ visa you have provided inaccurate material information pertaining to assistance/guidance that you have sought from an unlicensed advisor.

However due to the reasons outlined, we would not consider a character waiver as you fall within the purview of SM3.5,"
I have also concern licensed immegration advisor from India, But they say you can not apply again because CHARACTER issue.

I have two questions..

1) Can we apply again for SMC
2) If this time my wife be primary applicant then as per B16 field in EOI what should I answer (YES/NO) ?
B16 says:
Have you ever been refused a visa/permit for any country including New Zealand?
Please advise..

Any help will be very much valuable for us.

Regards,
Chirag
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Old Dec 3rd 2013, 2:17 am
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Default Re: NZ - SMC visa refuse, can I apply again ?

From what you have written the application was refused because you do not meet the NZIS character requirements.
  • Did you give false information?
  • Did you omit information that cold impact on the application
  • Do you have the relevant clear police checks
Changing which of you is to be a principle applicant would have no impact on the requirement to pass the NZIS character requirements.
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Old Dec 3rd 2013, 5:34 pm
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Default Re: NZ - SMC visa refuse, can I apply again ?

It looks like these are the relevant sections:
SM3.5 Implications of providing false or misleading information
See also Immigration Act 2009 s 93

a. The Immigration Act 2009 provides that:
i the provision of false or misleading information as part of an EOI or associated submission; or
ii the withholding of relevant, potentially prejudicial information from an EOI or associated submission; or
iii failure to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is notified that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa;
is sufficient grounds for the decline of an application for a resident visa and for the holder of a resident visa granted under the Skilled Migrant Category to become liable for deportation.
b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant to the issuing of an invitation to apply or the assessment of a resident visa application, will be considered misleading unless the principal applicant can demonstrate that there is a reasonable basis for making that claim.
,

A18 IMMIGRATION ADVISER ACTING ON BEHALF OF AN APPLICANT
See also Immigration Advisers Licensing Act 2007 s 9

No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007.
I can't comment on whether a future application would be successful. The letter does say that 'presently' you are unable to meet the character requirements. It depends whether that refers to that particular application only? I'd suggest speaking to an agent about this or contacting INZ directly:

http://www.iaa.govt.nz/migrant/index.asp Search here for licensed agents-only use these!
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Old Dec 4th 2013, 11:48 pm
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Default Re: NZ - SMC visa refuse, can I apply again ?

Originally Posted by BEVS View Post
From what you have written the application was refused because you do not meet the NZIS character requirements.
  • Did you give false information?
  • Did you omit information that cold impact on the application
  • Do you have the relevant clear police checks
Changing which of you is to be a principle applicant would have no impact on the requirement to pass the NZIS character requirements.
Thank you for reply.

Did you give false information?
Our adviser was unlicensed, that is the only false information we provided.

Did you omit information that cold impact on the application
No

Do you have the relevant clear police checks
Yes
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