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Police check for a country you've never lived in? (citizenship by descent)

Police check for a country you've never lived in? (citizenship by descent)

Old Aug 21st 2012, 5:23 pm
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Default Police check for a country you've never lived in? (citizenship by descent)

I'm born and raised in the UK but also hold an Irish passport as my parents were Irish. I have never lived in Ireland and have probably only spent a month there in my entire life adding up all holidays.

I read the application guidance as meaning that I do not need a police check for there as I've never lived there. Hubby is now being told I do need one. Checking the Irish police website, they don't issue them unless you've actually had an Irish address at some point in time. Which is reasonable.

I've seen on the NZIS site today that you don't need a police check for a country of citizenship as long as you can demonstrate satisfactorily that you've never lived there as an adult. Has anyone done this and how hard is it to prove you've not lived somewhere. Is a consecutive trail of education and jobs in the UK without gaps enough to prove I was here and not in Ireland?
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Old Aug 21st 2012, 7:55 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

my husband was born outside the UK, then left that country when he was about 6wks and went to another before returning to UK when he was around 6mths. They asked for police reports from those countries but obviously being a baby could hardly caused much criminal damage. He got a solicitor's letter stating the above, excluding my sarcastic comment, and that was accepted.
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Old Aug 22nd 2012, 11:48 am
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Originally Posted by MrsFychan View Post
my husband was born outside the UK, then left that country when he was about 6wks and went to another before returning to UK when he was around 6mths. They asked for police reports from those countries but obviously being a baby could hardly caused much criminal damage. He got a solicitor's letter stating the above, excluding my sarcastic comment, and that was accepted.
ditto, born in seychelles, left when was 1 yr, never returned.

Just did a statutory declaration in front of a solicitor who was very bemused by my request but was very jealous of me emigrating :-)
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Old Aug 22nd 2012, 6:59 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Ok, this is an option I've never heard of so it's very interesting to me that you both went down this route. What do I do? Just go to my solicitor and swear some kind of oath that I've never lived there?

I don't see that it gives NZIS any more assurance than me just telling them I've never lived there but hey, if that works I'll happily do it!
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Old Aug 22nd 2012, 8:30 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

yep basically you tell the solicitor you need a declaration signed and authorised to detail your wants
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Old Aug 23rd 2012, 11:34 am
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Originally Posted by Bev MK View Post
Ok, this is an option I've never heard of so it's very interesting to me that you both went down this route. What do I do? Just go to my solicitor and swear some kind of oath that I've never lived there?

I don't see that it gives NZIS any more assurance than me just telling them I've never lived there but hey, if that works I'll happily do it!
I arranged with the CO from NZIS that this would be good enough. If you suggest it to them - if they haven't to you - they should say ok. Well they did with me - they told me this is quite common (that they allow a statutory declaration) which left me bemused why they didn't suggest it. Anyhow, just suggest it and I would imagine they would agree that it's ok.

Then, just phone round solicitors until one of them agrees to do it for 10 quid. Most of them were asking way more than that! You've got to have stamina for the emigrating lark but it is worth it, honest.

Last edited by GoingIn2011; Aug 23rd 2012 at 11:43 am.
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Old Aug 23rd 2012, 3:47 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Many thanks for this. I tried phoning my own solicitor who was totally useless (we're on the verge of ditching them due to the poor service level in fact) so I then hit Google and the first local solicitor I phoned can do it tomorrow morning for a tenner! Happy with that, and still means we can drop it off at Haymarket before the weekend.

Would never have tumbled to this idea on my own, love this forum!

Hope it works but even if it doesn't, a tenner is well worth the try.
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Old Aug 26th 2012, 7:50 am
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

If NZIS will accept the stat dec - great. But worth double checking as I had exactly this issue when I was applying for my visa in early 2011 and they had specific procedures for Ireland, so it may not be the same as with other countries.

NZIS told me I had to do a form of data protection request, as I have an Irish passport (and am therefore technically a citizen as well as a UK citizen) but have never lived there. Their website states "Irish citizens who have never lived in Ireland – request a Data Protection Access Request from An Garda Síochána. "

Info about who to apply to is here: http://www.immigration.govt.nz/migra...ij/ireland.htm

It took quite a long time to process it, so worth getting on to it early if you need it (the Garda sent my form back once telling me I needed a criminal records check and I had to write again and explain that I couldn't get one as I never lived in Ireland and send them a printout of the NZIS website where it said a data protection request was what I was after!)

Hope that helps
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Old Aug 26th 2012, 3:57 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

I don't mean to hijack this thread, but I have a related query that I wonder if someone might advise me on please?
I'm in the process of getting my skilled migrant visa documents together... My husband has previously lived in South Africa, but more than 10 years ago. He is Irish by birth, but has now obtained South African citizenship. He has never lived in South Africa since obtaining citizenship, so if he provides evidence of this, could he avoid getting a SA police certificate?

Thanks so much.
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Old Mar 12th 2013, 11:09 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Just wondering how Bev MK got on as i am in the same situation
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Old Mar 13th 2013, 2:40 am
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Originally Posted by KieranAlmond0 View Post
I am just wondering if anyone out there has had problems with New Zealand immigration regarding Irish nationality. I have an Irish and British passport, but live in Northern Ireland. Immigration called today saying that I need an Irish police check even though I have never lived in the Republic Has anyone else had this problem and is there any wiggle room here?? I don't nor have I ever had an Irish address. Employer waiting in NZ and am afraid he may lose interest if waiting time for police check is too long Any help appreciated grrrr! Help appreciated
Hi Kieran and welcome to the NZ branch.

Have you told immigration about your dual nationality? I suspect this might be why they are asking. Have you explained to immigration you have never lived there?
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Old Mar 13th 2013, 5:03 am
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

my hubby was born in Jamaica but left when he was a couple of months old he just had to make a sworn statement (statutory declaration) with a solicitor to say that he left there when a baby and had never gained citizenship. there is something about you cannot have more than dual citizenship already if you want PR in NZ but not to sure on that bit so best to call NZ house and ask

Last edited by MrsFychan; Mar 13th 2013 at 5:06 am.
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Old Mar 13th 2013, 3:04 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Originally Posted by MrsFychan View Post
my hubby was born in Jamaica but left when he was a couple of months old he just had to make a sworn statement (statutory declaration) with a solicitor to say that he left there when a baby and had never gained citizenship. there is something about you cannot have more than dual citizenship already if you want PR in NZ but not to sure on that bit so best to call NZ house and ask
Had to check that as I thought you could have as many as you liked but then it's not something I've ever needed to know, not having been born anywhere more exciting than Co Durham

Looks like you can have as many citizenships as you like.
NZ Citizen travelling on a foreign passport

As a NZ Citizen, you may have dual (or more) citizenships and hold valid passports for more than one country.

You can travel on any valid passport, however to re-enter NZ as a citizen of NZ, you must either
show a valid NZ passport at the border, or
have a valid Returning Residents Visa in your other passport (issued prior to 29 November 2010); or
have an Endorsement indicating NZ Citizenship in your foreign passport.

If you do not have any of these documents at the border, you will be assessed as a citizen of the country of your other passport, not as a NZ citizen, and you will be required to meet the visitor entry requirements (these may include having a return ticket, and/or having a temporary entry visa in your passport) of that country.
Can't see anything about not being able to apply for residency either though the section did bring up some interesting stuff about what crimes and behaviours will result in you not being allowed into NZ I am bored here, can you tell MrsF?
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Old Mar 13th 2013, 7:20 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

I'm not sure once you are a citizen of NZ you can get as many as you like but I know hubby had to prove he did not have citizenship of more than the UK when we applied for NZ PR. maybe he got it wrong but that was his understanding when we applied
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Old Mar 13th 2013, 8:49 pm
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Default Re: Police check for a country you've never lived in? (citizenship by descent)

Originally Posted by MrsFychan View Post
I'm not sure once you are a citizen of NZ you can get as many as you like but I know hubby had to prove he did not have citizenship of more than the UK when we applied for NZ PR. maybe he got it wrong but that was his understanding when we applied
Maybe that was to do with being born in Jamaica so he didn't need to get a police cert? There seem to be plenty on here with two citizenships and it doesn't seem to be a problem

The EOI form has room to list 4 passports and then another line for any others. Not sure how many people would have more than two never mind 5 or more!! I definitely need to get out more
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