sarah3

The first two obviously don't apply.....and the third one might not as they are technically not investigating "yet" if I have read this right (?)....however follow the good advice and get onto an immigration lawyer...you might be able to get some free advice over the phone before rocking up for a chargeable appointment. All the best!

simonsi

For F*** sake she has been to initial hearings AND has a publically funded lawyer assigned by the court - so 3 definitely applies and 2 quite possibly.

Given that, if you can draft a statement to be read to an NZIS case officer explaining exactly why NONE of those statements apply then I'd like to see it. Personally I think that would be tantamount to just tearing up their permit applications right now, but maybe that is just me.

Expat Kiwi

Poor kid must be terrified. When it does come to court make sure you have loads of supporting written statements from character witnesses as to her good character, if she's a member of any youth or school organisations be sure to make that known - anything than can differentiate her from the others kids she was with.

Although she may be technically guilty (ignorance may be no defence) is likely that she could be given a diversion. Perhaps this is something your lawyer can talk over with the police.

http://www.communitylaw.org.nz/Diversion.308.0.html

p.s. This may be of some help to you, they they have an advice line.

http://www.youthlaw.co.nz/

sarah3

Wow - calm down - no need to be rude about other people's opinions...informed or otherwise - or is that what this site is about?

simonsi

IMHO you were suggesting in your post they lie on their permit application forms by concealing the pretty obvious police investigation ongoing evidenced by the court hearings and assigned court solicitor - the concealment of which would have untold consequences on the family as a whole and their future.

Sorry but this is one of those threads where it really does warrant reading from the beginning and not just jumping in with a "don't worry" post, this family are way beyond that.

Sorry if I was blunt.

BEVS

Ill just like to step in here if I may.

The written word can so easily be mis-interpreted.

Sarah 3. I read your post differently to Simonsi. I didn't see any suggestion that the OP lie on an application , just that a couple of the options on the student visa form may not apply .

Woodpigeon

I'm with you on this simonsi - you've said exactly what I would have if I'd seen this earlier.

From my previous dealings with INZ through processing student visa applications I have to say that they take a dimmer view of certain convictions/charges than they do if an applicant hasn't declared them on the application form. I have been involved with a number of students where they were required ('assisted' by INZ compliance department in one case) to leave the country due to having made false declarations. One of those had several 'minor' driving convictions, but chose not to advise INZ of the fact that he was awaiting the outcome of a further charge when he submitted his application. INZ actually told me that it wasn't the previous convictions that lead to his application being declined, but the fact of him not declaring the latest one.

Treyarna, please find an IAA licensed immigration consultant, most of them will do a first assessment appointment free of charge, and if it's decided that you will need/want them to act for you most will give you a rough guide of how much their services will cost you. They are listed under 'Immigration Consultants' in Yellow Pages - IIRR you can also find a list of them on the INZ website (www.immigration.govt.nz), but the site seems to be down atm

Good luck, and please keep us posted.

BEVS

Was this for applications from overseas students may I ask ? Were they minors?

Just want to be clear here.

BEVS

Ok. You may all have noticed that I have moved this over to the main NZ forum. This is so more people can see it. I'm particularly thinking of those that have done the Character Waiver thing here

simonsi

Good idea!

BEVS

Well. Yes.

I'd also like to explore the conditions and terms of their current temp work permits . This would be pertinent. They arrived on a visitors visas and it was because the OP had pregnancy difficulties that they couldn't fly back from whence they came. They have family here in NZ.
Also. the OP seems to think that they need 2 work permits before applying for PR which isn't how it works is it.

How NZIS look at temp work permit renewals rests not just on the outcome of one daughter's stolen moment of joyriding experience, which would likely result in a stern warning and/or community hours and/or a fine.

You know. This could be solved quite quickly by the parent speaking with NZIS in person via an appointment to NZIS in Christchurch.

This is about good character. The rules are quite clear on this. The links to the rules have been made. Personally, unless there are other factors, and there may well be, I can't see NZIS going to the expense of a deportation of an entire family over rapped knuckles of a minor.

So I am going to suggest that all calm down and that you, Treyarna, ask NZIS direct and come back to us with what has been said. We can support but we are not all seeing . None of us are .

If you wish contact an Immy Consultant. You are in Christchurch. Peter Croxson has a good rep and is very reasonable about charges and prices from what I know of his past cases.

OP - I'd like you to show me where the case is please. I couldn't find it.

Treyarna

Hi all, Sorry I had to go out & so have just seen the earlier postings.

Simonsi, I did not mean we would decide to overstay our permits...I meant I wonder how likely would it be that after we have sent in our permit applications that the immigration people may decide to wait on making a decision about our permits until after the court case (like if they were to extend our current permits until the hearing as she has to be here for the case, if they can do that of course). We think she must have been charged as she has been to court although the police haven’t said it...they haven’t said much at all to be honest.

Sarah3, I think the first answer on question D1 doesn’t apply but the other two need to be answered yes. Thank you for your kind wishes, it’s very much appreciated.

Expat Kiwi, Yes my daughter is very worried, especially as she has never been in any trouble before. She also feels so guilty that she may have ruined things for the whole family. Thank you for the links I will have a look in the morning as it has been a very long day.

Hi Woodpigeon, Thank you for the link etc I will try it in the morning. We have always intended to tell immigration about this as I said in my original post, we were just wondering if anyone had been through a similar thing & had any ideas about the possible outcomes.

Bevs, yes my daughter is classed as & is being dealt with as a minor (she is 16). As we already have the permits she is classed as having domestic student status (if that is what you meant - sorry if it wasn’t it’s late & therefore I have a foggy brain ). Thank you for moving the thread. We were under the impression we needed two work permits before we could apply for PR because a family member who moved here a good few years ago thought this was the case but as I said I will look into that as it doesn’t appear to be correct...although it may not matter now anyway. The only other factors regarding our permits are most likely in our favour as my husband has quite specialist training in his line of work & since the earthquake his skills are needed with a view to restoring heritage buildings etc. Thank you for the name etc of the immigration consultant, we will try to contact him.

We are planning to speak to NZIS next week to explain the circumstances & see what they say we will also put a cover note in with our applications. Thank you to those of you who have suggested getting together a list together of character references & we will do that. Thank you all for your help it's very much apperciated

Treyarna

Sorry Bevs, Do you mean what is she being taken to court for? if so it's in post number one on this thread.

BEVS

NZIS will not extend the work permits beyond the end date already given as far as I am aware. They will either renew or not. If NZIS suggest that they will not renew, but will hold the applications pending the outcome of your daughters court case, then it may be possible for you to remain on visitors visas. You may not work during that period at all until you have your new work permits.

Of course, the other factor is the occupation & job contract of the main applicant.
The usual rules apply. Is the skill in shortage. Qualifications to match the job. Quality of job contract etc

There was nothing to stop you from applying for PR at any time if you had the points to do so. If you needed a job offer to have enough points then that job offer would have needed to be full time and permanent.
Points Indicator

BEVS

For others looking in.