If you have a conviction or another issue that may have a negative impact on your visa application, it may be necessary to make submissions to INZ to gain a "waiver" of the good character requirement
In order to be granted any class or category of visa, you must demonstrate that you are of good character and do not pose a risk to our immigration system or the public.
We can assist in navigating INZ’s character policies to advise you upfront what the impacts of a conviction might be on your immigration status, and help to improve the chance of securing a visa.
To determine whether you meet character requirements, INZ will require you to provide police clearance certificates from any country of citizenship and countries you have spent a material amount of time in (the threshold differs depending on the category of visa being applied for). They will also liaise directly with NZ Police for any records held in New Zealand.
Character thresholds
Just like with health issues, if these checks raise no concerns, you will be determined to meet the "good character" requirement. If issues are identified, INZ will request further information or issue a letter highlighting these concerns and requesting comment (PPI letter) and again, as with health issues, the threshold for triggering a request for further information or a PPI letter differs for temporary and residence applications.
For temporary visa applications, character concerns will be raised if an applicant has:
- been charged with, or is under investigation for, an offence that has a maximum sentencing period of 12 months or more
- been convicted of any offence against immigration, citizenship or passport laws in any country
- been convicted at any time of an offence for which they have been imprisoned, or an offence within New Zealand which has a maximum sentence of three months or more
- as part of an application for a New Zealand visa or in support of someone else's visa application, provided false, misleading or forged information, or withheld material information
- conviction for any offence against immigration, citizenship or passport laws in any country
For residence class applications, concerns will be raised if an applicant has:
- been convicted of any offence involving prohibited drugs, dishonesty, violence, or of a sexual nature, or against immigration, citizenship or passport laws in any country
- been convicted of any offence for which they were sentenced to a term of imprisonment, including where the sentence was suspended
- been convicted of an offence within New Zealand which has a maximum sentence of three months or more, while on a temporary visa or unlawfully present in New Zealand
- received a traffic conviction (such as drink or drug driving or dangerous driving) within the five years preceding the application
- been a member of a group or organisation with principles based on hostility against people or groups of people, or has publicly demonstrated views of such a nature
- as part of an application for a New Zealand visa or in support of someone else's visa application, provided false, misleading or forged information, or withheld material information
Declaration of convictions
It is very important to note that INZ expect you to declare convictions whether or not they have been expunged or cancelled due to the passage of time (with the exception of New Zealand convictions withheld under the Clean Slate Act). We regularly have to represent clients who have wrongly believed that an expunged record negated the need to disclose the conviction, and where INZ took the resulting stance that they had withheld material information. If in doubt, it is certainly advisable to disclose the conviction (historical or otherwise).
If character checks raise such concerns, these will be put forward for comment, and if necessary, a character waiver assessment will be required, whereby a balancing exercise is undertaken by INZ in relation to considering whether or not the circumstances of the applicant and their potential benefit to New Zealand, outweigh the negative implications (being the risk to the public and our immigration system) of them remaining here.
How Saunders & Co can add value:
- We will advise you prior to lodging an application, as to whether any health or character issues are likely to arise, so that you can plan accordingly
- We will liaise with you, medical specialists and other third parties to collate supporting documentation to refute any findings that you are not of an acceptable standard of health or character
- We have a proven track record of drafting substantial waiver submissions to secure visas in these types of situations, while our litigation team represent individuals for court hearings pertaining to their convictions, and can discuss and advocate for sentence alternatives such as discharges and diversion.