Go Back  British Expats > Living & Moving Abroad > New Zealand
Reload this Page >

Drink Driving offence SMV chances

Drink Driving offence SMV chances

Old May 27th 2017, 10:16 pm
  #1  
Just Joined
Thread Starter
 
Joined: May 2017
Posts: 4
Rich1e1990 is an unknown quantity at this point
Default Drink Driving offence SMV chances

Hey,

I recently got caught on a sunday morning with a blood alcohol level of 465 and was in court and for charged with a fine of $450. I was at a friends and ended up staying the night and left in the morning after a big breakfast and thinking i was fine to drive the 5min drive to my house sadly I got stopped.

I am now looking to start my application for a SMV with around 190 points as I have been offered a job at Intergen (large IT Firm in wellington)

I was wondering if this stupid mistake will now stop me from getting my visa or are my changes still good and are the possibly of a character waiver possible?

Thanks for your help
Rich1e1990 is offline  
Old May 28th 2017, 12:16 am
  #2  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,989
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

Hi Rich1e,

no one on here will know what your outcome will be, depends on how Immigration sees at the time they look at it.

Someone may comment having had a similar experience but doesn't mean their outcome will be the same as yours.
MrsFychan is offline  
Old May 28th 2017, 2:01 am
  #3  
Just Joined
Thread Starter
 
Joined: May 2017
Posts: 4
Rich1e1990 is an unknown quantity at this point
Default Re: Drink Driving offence SMV chances

Hey,

Thanks for the reply, yeah thats kind of what I thought, I suppose I was wondering if there would be any advise people could offer?

I could get character references off police and other members of the community would this be a good step to take moving forward?

Thanks Richard
Rich1e1990 is offline  
Old May 28th 2017, 6:53 am
  #4  
Somewhere
 
BEVS's Avatar
 
Joined: Oct 2003
Location: Below
Posts: 34,863
BEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

Originally Posted by Rich1e1990 View Post
Hey,

I recently got caught on a sunday morning with a blood alcohol level of 465 and was in court and for charged with a fine of $450. I was at a friends and ended up staying the night and left in the morning after a big breakfast and thinking i was fine to drive the 5min drive to my house sadly I got stopped.

I am now looking to start my application for a SMV with around 190 points as I have been offered a job at Intergen (large IT Firm in wellington)

I was wondering if this stupid mistake will now stop me from getting my visa or are my changes still good and are the possibly of a character waiver possible?

Thanks for your help
You will now requite a character waiver.

Originally Posted by NZ immigration
A5.25 Applicants normally ineligible for a residence class visa unless granted a character
waiver
See previous instructions:
A5.25 Effective 29/11/2010
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:
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;
If this is your first, one and only conviction like this , then it may be that references and the like might help. It is called 'tender submission' and needs to be detailed .

You may perhaps wish to consider some legal advice and guidance on this. Lane Neave have a good rep for this type of thing. I have no connectioon to the company.
BEVS is offline  
Old May 28th 2017, 6:55 am
  #5  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,989
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

I personally just put the visa application in and see what happens, if they want character references then get some but you may not even be asked. As I said would come down to the Case Officer and how they see the offence and then the 2nd check person if the CO approves
MrsFychan is offline  
Old May 28th 2017, 7:13 am
  #6  
Somewhere
 
BEVS's Avatar
 
Joined: Oct 2003
Location: Below
Posts: 34,863
BEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

Not wishing to cause issues but it will come down to the NZIS policy which NZIS CO's follow.

The offence has very recently occurred and will appear on the ACRO .

This chap is best placed to be up front and prepare to make a submission.

However if he wishes to chance his arm entirely up to him.
If the application is put on hold pending a character waiver submission then the SMC is delayed. If the employer is fine with that then hey.
BEVS is offline  
Old May 28th 2017, 7:22 am
  #7  
Just Joined
Thread Starter
 
Joined: May 2017
Posts: 4
Rich1e1990 is an unknown quantity at this point
Default Re: Drink Driving offence SMV chances

I am currently In New Zealand at the moment under a working Holiday Visa and start work with the employer next week under a fixed term contract (they are aware of my offence) then if the visa is approved I get a full time offer from the employer.

I intend on being completely honest about it and hope all goes well.

Does anybody know of anything that may help my application example voluntary meetings in regard to offence or something of that nature?
Rich1e1990 is offline  
Old May 28th 2017, 8:29 am
  #8  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,989
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

the visa will not be selected unless you have 160+ without the job offer, you previous said you would have 190 with job offer so you will need the job offer before the visa
MrsFychan is offline  
Old May 28th 2017, 8:43 am
  #9  
Just Joined
Thread Starter
 
Joined: May 2017
Posts: 4
Rich1e1990 is an unknown quantity at this point
Default Re: Drink Driving offence SMV chances

Yes I have the Job Offer and they are going to provide me with all of the documentation to proceed with the visa thats not going to be an issue for me.

the only thing that is going to be an issue is the conviction.
Rich1e1990 is offline  
Old May 29th 2017, 3:10 am
  #10  
Somewhere
 
BEVS's Avatar
 
Joined: Oct 2003
Location: Below
Posts: 34,863
BEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond reputeBEVS has a reputation beyond repute
Default Re: Drink Driving offence SMV chances

Originally Posted by Rich1e1990 View Post
Does anybody know of anything that may help my application example voluntary meetings in regard to offence or something of that nature?
I'll move this into the main forum so more people will see it.

Off the top of my head & if you do not wish to talk with an Immy Lawyer

A grovelling letter to include the error of your ways and that you are reformed.
Character and community references
Something from the local plods that hopefully says they feel it a celebratory
one off. That you have spoken with them and asked for education
Letter from your employer praising you .

With regard to your visa status.

On the WHV you may work for one year.
If the fixed contract falls within that WHV time that is fine.
If it will fall outside of the dates then you will need a temporary work permit.

If you need the job offer to get your SMC points over 160, then the employer must provide a full time long term contract of employment so you can apply the points to your SMC application.

I hope that helps a little.
BEVS is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.