Happydays. Glad to have you aboard.
Quote:
Originally Posted by happydays
My indisgretion was being a ship deserter in 1980 which was quite common in those days.
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Oh, that's something a bit different. Don't think we've had anything like this before. I'm not sure how INZ would look upon that kind of situation as I don't know the background to it. It was also a long time ago. What the Operations Manual says is:
A5.25 Applicants normally ineligible for a residence visa or permit unless granted a character waiver
Applicants who will not normally be issued with a residence visa or granted a residence permit, unless granted a character waiver (see A5.25.1(b) below), include any person who has been:
1. convicted at any time of any offence against the immigration, citizenship or passport laws of any country; or
2. convicted at any time of any offence involving prohibited drugs; or
3. convicted at any time of any offence involving dishonesty; or
4. convicted at any time of any offence of a sexual nature; or
5. convicted at any time of any offence for which they were sentenced to a term of imprisonment (whether the sentence was of immediate effect or was deferred or was suspended in whole or in part); or
6. convicted (whether in New Zealand or not) of an offence committed at any time when the applicant was in New Zealand unlawfully or was the holder of a temporary permit or was exempt under the Act from the requirement to hold a permit, being an offence for which the Court has power to impose imprisonment for a term of 3 months or more; or
7. convicted at any time of any offence involving violence; or
8. 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; or
9. in the course of applying for a New Zealand visa or permit, has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information; or
10. at any time in a public speech or public comments, or public broadcast, or in publicly distributing or publishing a document:
1. argues that one race or colour is inherently inferior or superior to another race or colour, or
2. used language intended to encourage hostility or ill will against any person or group of persons on the basis of colour, race or ethnic or national origins of that person or group; or
11. has been, or is, a member of (or adheres or has adhered to) any organisation or group of people which (at the time of the person's membership or adherence) had objectives or principles based on:
1. hostility against people or groups of people on the basis of colour, race, or ethnic or national origins, or
2. an assumption that persons of a particular race or colour are inherently inferior or superior to other races or colours.
12. in support of any application by another person for a New Zealand visa or permit, has made any statement or provided any information, evidence or submission that was false, misleading or forged.
Were you actually convicted of an offence at the time or just deported? It may be that you would need to apply for a character waiver if INZ won't accept that your 'indiscretion' (what a nice word for it
) happened many years ago and you have been of good character since. Perhaps you could email them or give them a ring to enquire about this and they may be able to give you some advice about which way to go.
You say you have a job offer and are about to apply for PR, so I assume that you have certain skills that NZ needs. With a bit of luck this may sway INZ into helping you find a way to continue with this process as they may need you as much as you need them. INZ is quite strict on health and character matters where applying for residency is concerned but they aren't totally inflexible. If you've had a blemish-free police record since 1980 (and I don't include the odd traffic offence etc.) that should stand you in good stead. I still don't think it warrants spending a lot of money on an agent just for them to use some fancy words in your defence. If the worst comes to the worst, it says you can apply for a character waiver so you would still have a way in. We'll try to help you through it.
