[wellywally]

Hello, I wondered if there are any fellow criminals out there who could help me on this one...

I'm currently on a working holiday visa and work for a company that is a accredited talent employer. They are keen to keep me on and I'm keen to stay.
Problem is I got a police caution (less than 5 years ago so will be on record) for train fare dodging :roll. Is any caution an instant no no on a work to residency visa application? I'm a reformed citizen now. Honest guvn'r.

Thanks

[A&G]

Hiya

My OH (Andy) had a few things on his police record way way back when he was in his teens!

Our CO wanted us to provide letters from friends etc on his character.

We have just been granted PR - so good luck :)

[kanatakiwi]

Problem is I got a police caution (less than 5 years ago so will be on record) for train fare dodging :roll. Is any caution an instant no no on a work to residency visa application? I'm a reformed citizen now. Honest guvn'r.

Thanks

I could be wrong but I dont think a caution for dodging a train fare qualifies as a criminal record.

[AndyR]

haha im sure you will be fine for that, your hardly a criminal

[JandM]

Here is what the manual says about previous convictions (This is taken from section A5: character requirements.) It really doesn't look as if you should have much problem, especially with a Kiwi employer vouching for you - a caution isn't a conviction.

If your application is declined, you can apply for a character waiver. Section A5.25.1 below shows what is taken into consideration when considering character waivers.

http://www.immigration.govt.nz/nzis/operations_manual/

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:

a) convicted at any time of any offence against the immigration, citizenship or passport laws of any country; or
b) convicted at any time of any offence involving prohibited drugs; or
c) convicted at any time of any offence involving dishonesty; or
d) convicted at any time of any offence of a sexual nature; or
e) 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
f) 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
g) convicted at any time of any offence involving violence; or
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; or
i) 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
j) at any time in a public speech or public comments, or public broadcast, or in publicly distributing or publishing a document:
argues that one race or colour is inherently inferior or superior to another race or colour, or
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

k) 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:

hostility against people or groups of people on the basis of colour, race, or ethnic or national origins, or
an assumption that persons of a particular race or colour are inherently inferior or superior to other races or colours.

l) 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.

A5.25.1 Action

a) Visa and immigration officers must not automatically decline residence applications on character grounds.

b) Officers must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify waiving the good character requirement. The circumstances include but are not limited to the following factors as appropriate:

if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine);

whether there is more than one offence;
if applicable, the significance of the false, misleading or forged information provided, or information withheld, and whether the applicant is able to supply a reasonable and credible explanation or other evidence indicating that in supplying or withholding such information they did not intend to deceive the NZIS;

how long ago the relevant event occurred;

whether the applicant has any immediate family lawfully and permanently* (see F4.1.1) in New Zealand;

whether the applicant has some strong emotional or physical tie to New Zealand;
whether the applicant's potential contribution to New Zealand will be significant.
c) In the case of a person covered by A5.25(j) and (k) above, officers must consider, in addition to any relevant matters listed in A5.25.1(b) above, the following:
the length of time since the applicant publicly expressed the views, or was a member or adherent of the group or organisation, and
whether the applicant still holds the views or still belongs or adheres to the group or organisation, and any evidence of a change in views, and
the extent to which the applicant was involved in publishing or distributing the views, or the extent of involvement in the group or organisation, and
the nature of the views, or the nature of the group or organisation.
d) Officers must make a decision only after they have considered all relevant factors, including (if applicable):
any advice from the National Office of the NZIS, and
compliance with fairness and natural justice requirements (see A1).
e) Officers must record:
their consideration of the surrounding circumstances, (see paragraph (b) above), noting all factors taken into account, and
the reasons for their decision to waive or decline to waive the good character requirements.
f)Any decision to waive the good character requirements must be made by either:
a seconded visa officer; or
an officer with schedule 1 delegations.

[wellywally]

Thanks for the replies.

I'm just a bit nervous as cautions do appear on the police immigration report. A caution is a admission of guilt after all. I'll post back with what happens...

[JandM]

I think they're looking for much bigger fish than you, and the recent NZ recommendations will outweigh the old UK rap on the knuckles.

It's natural to be nervous, though. (These last few years in the UK, with having to have CRB checks for so many jobs, I've got nervous every time the forms have gone in, even though I know there's nothing to find.)

Good luck. :nice1

[walshy]

I done a ten stretch for armed robbery and have been granted residency.

[walshy]

Actualy my last statement is not strictly true, I have a caution something very minor and all i had to do was a statutory declaration in front of a solicitor confessing to being a drunken fool a few years ago, residency granted so no probs.

[M-Squared]

How long ago was the armed robbery conviction? :D :laugh They certainly wouldn't let you in with that on your record!

[TheBigSaxon]

A good friend of mine has just been granted PR and he has had the following:

1. While serving together in Bosnia, USMC, he was CM for "Excessive Use of Force on Civilian Personae". He served 1 year in prison.

2. After his dishonorable discharge, he was further implicated and convicted for Aggravated Assault, in which he served another 1 year in prison. These two offenses happened within 14 months of each, with his sentenance obligations ending in 1998.

He had to jump through hoops, but he was able to prove that he had changed and that he was a normal law abiding individual.

[Jock_Tamson]

Here is what the manual says about previous convictions (This is taken from section A5: character requirements.) It really doesn't look as if you should have much problem, especially with a Kiwi employer vouching for you - a caution isn't a conviction.

If your application is declined, you can apply for a character waiver. Section A5.25.1 below shows what is taken into consideration when considering character waivers.

http://www.immigration.govt.nz/nzis/operations_manual/

How come this appears to differ in content from the other section on character requirements? The other thing I have read basically says you are fine unless you have been in prison for 12 months or longer pretty much, or been deported etc.

This list is a lot more exhaustive and worries me slightly due to a drink/drive conviction I have. I am only applying for a 12 month work permit though.

Having said all that, I am here on a working holiday visa right now and they knew about my conviction when I applied for that so? :uhoh

[JandM]

No idea why this should be different from any other section, and it's difficult to comment without knowing what you're looking at - can you quote it/give a link to it?

[Jock_Tamson]

No idea why this should be different from any other section, and it's difficult to comment without knowing what you're looking at - can you quote it/give a link to it?

From here - http://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired

Good character

To grant you a New Zealand visa or permit we need to be assured that you and any family included in your application are of good character. We make this requirement to protect the well being and security of New Zealanders.

Under section 7(1) of the Immigration Act we will not grant you a visa or permit if:

-you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
-in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
-currently, you have a removal order from New Zealand in force against you
-you have been deported from any country, including New Zealand
-you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
-it is believed you are likely to commit – or to assist others to commit criminal or drug offences, or an act of terrorism, in New Zealand
-it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
-it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.


There is nothing in there about drink-driving, but dd is specifically mentioned in the other quoted passage?

[Jock_Tamson]

Actually, having looked into it a little further there, it seems the fact I am only applying for a temporary work permit of 12 months at this stage should work in my favour. The stricter policy is about RESIDENCY so I should be ok.

Technically, I guess the process is not a whole lot different to the temporary visa I am on right now (this is WHV rather than just a straight work permit)? I can't see why they would let me in on a 12 month working holiday, but then decline me for a 12 month work permit?

[JandM]

Ah - now I see. That is from the part called 'Summary of Terms', so is a shortened version. If you scroll right down to the bottom of it, you'll see

Related Links
Want to see the wording of the policy? Go directly to the Operations Manual.

and if you click on that link, it takes you to the full thing that I've quoted from.

[JandM]

I can understand you worrying about everything, but, as you've said yourself, you declared this conviction in the first place and were nevertheless allowed a WHV, so that's a big sign that things should be all right for your new application. You're there in the country, and you haven't caused any hassle. Good luck.

[Jock_Tamson]

Ah - now I see. That is from the part called 'Summary of Terms', so is a shortened version. If you scroll right down to the bottom of it, you'll see



and if you click on that link, it takes you to the full thing that I've quoted from.

Yeah I noticed that eventually. The summary is a bit misleading to be honest, it doesn't reflect that actual policy in many ways!

Cheers for the help with that.