Best Practice: Residence > Character Issues
Best practice approach to character issues
First, ask yourself this question:
When I apply for a police certificate, is there going to be something on it? Or will it be all clear?
If you can’t answer this question, it’s time to take action and find out.
Try to find answers by researching online or apply for a police certificate and see for yourself.
If you need help, click here to connect instantly with a specialist.
Convictions matter the most
There are many types of character issues covered by the good character requirements but if you've ever been convicted of an offence, there’s a good chance you’ll need a character waiver for your application to be approved.
There is a time limit to some offences. For example, only driving offences that occurred in the last 5 years are covered.
A prison sentence is generally required. However, a conviction alone will be enough for any of these offences:
Offences against the immigration, citizenship or passport laws of a country,
Offences involving drugs, dishonesty, violence, or of a sexual nature.
Good character requirements can apply to some people without a conviction in cases where serious public issues are involved such as racism and hate speech.
False or misleading information
This character issue commonly appears in the context of:
Failing to declare something you should have declared in a New Zealand visa application.
Conflicting information about your New Zealand visa application.
In these situations, Immigration New Zealand must establish on the balance of probabilities that it is more likely than not that you did in fact provide information that was not true.
At the character waiver stage, an additional consideration for Immigration New Zealand will be whether or not you’re able to supply a reasonable and credible explanation or other evidence indicating that you did not intend to deceive Immigration New Zealand.
Two-step process for character issues
The first step is to determine whether or not you’re caught under the good character requirements.
Immigration New Zealand will normally ask you for more information as part of their assessment. This information can normally be found in documents from your court file such as:
Charging Document – An official document filed by the authorities accusing you of an offence and the legal details of that offence. When this document is submitted to the court , it starts the case in court against you.
Summary of Facts – A document setting out what happened for you to be accused of the offence.
Sentencing Notes – The judge’s notes, if any, on their reasoning for the sentence or punishment you were given.
Sometimes, the information in these documents can make the difference in cases where it’s not 100% clear whether or not the good character requirements apply to you.
Only when it’s determined that the good character requirements do apply to you will Immigration New Zealand then consider whether or not you should be granted a character waiver.
Character waiver
When deciding whether or not to grant a character waiver, a key factor Immigration New Zealand will consider is the seriousness of the offence, which is generally indicated by the term of imprisonment or size of the fine, if any.
Other factors that will be considered are:
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 INZ;
how long ago the relevant event occurred;
whether the applicant has any immediate family lawfully and permanently 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.
Full list of character issues for New Zealand residence (A5.25, INZ Operational Manual)
You’ll need a character waiver if you’ve been:
convicted at any time of any offence against the immigration, citizenship or passport laws of any country; or
convicted at any time of any offence involving prohibited drugs; or
convicted at any time of any offence involving dishonesty; or
convicted at any time of any offence of a sexual nature; or
convicted at any time of any offence for which you 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
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 entry class visa, being an offence for which the court has power to impose imprisonment for a term of three months or more; or
convicted at any time of any offence involving violence; or
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
in the course of applying for a New Zealand visa, made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information; or
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
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; or
in support of any application by another person for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged.
