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Thread: Am I a convict

  1. #1
    Join Date
    Oct 2010
    Location
    NZ, Khandallah
    Posts
    41

    Default Am I a convict

    Hello all I have just received my Police certificate and I am at the no live trace level, I am 46 and had a few run ins with the local Bobby's as a youth, nearly 30 years ago, (nothing diabolical or dastardly I might add) the no live trace means I have a record of, as they put it convictions but they have been stepped down, its the word convictions I am worried about, I went to court and was fined for breach of the peace, drunk and disorderly, and fined by the local magistrates, no mention of being convicted.
    can anyone put my mind at rest, I am worried it will effect our chances of emigrating

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    It is EXTREMELY unlikely to affect your chances of immigration, but you MUST declare these convictions, as to lie, even by not mentioning them, certainly could rule you out.

    When you submit everything, you should add a letter explaining what these convictions were, and the circumstances, and how long ago. It may be that that will be sufficient, but if the CO has any doubt, s/he will tell you you must apply for a character waiver. This is the same kind of letter, telling NZ that your attitude has totally changed and you regret the offences (basically, a grovel), submitted with character references from people of some standing in the community who know you now and are prepared to say that you are a law-abiding citizen. There are people on the forum who have received character waivers for much more recent and potentially serious issues. Here is a whole string of threads where people have mentioned this situation. http://www.google.co.uk/search?hl=en...&aqi=&aql=&oq= And here's the INZ operations manual about character waivers. http://www.immigration.govt.nz/opsmanual/

    A5.25 Applicants normally ineligible for a residence class visa unless granted a character waiver

    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:

    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 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
    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 or held a temporary permit under the Immigration Act 1987 or was exempt under that Act from the requirement to hold a permit, 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 (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, 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.
    Note: When considering whether or not an applicant has committed an act that comes under A5.25 (i), (j) or (k) or (l) above, an immigration officer should establish whether, on the balance of probabilities, it is more likely than not that the applicant committed such an act.
    A5.25.1 Action

    An immigration officer must not automatically decline residence class visa applications on character grounds.
    An immigration officer 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 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.
    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.
    Officers must make a decision only after they have considered all relevant factors, including (if applicable):
    any advice from the National Office of INZ; and
    compliance with fairness and natural justice requirements (see A1).
    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.
    Any decision to waive the good character requirements must be made by an immigration officer with Schedule 1-3 delegations.

  3. #3
    Join Date
    Apr 2005
    Location
    Levin, Horowhenua (ex Yorks)
    Posts
    454

    Default

    Whole heartedly agree with J&M.

    There is a secondary report (£10 in uk ?) that shows more. And to not declare is to lie. And to lie is a breach of trust (dishonesty - see above).

    U should be ok - but do not exclude them

  4. #4
    Join Date
    Oct 2010
    Location
    NZ, Khandallah
    Posts
    41

    Default

    Quote Originally Posted by baboonworld View Post
    Whole heartedly agree with J&M.

    There is a secondary report (£10 in uk ?) that shows more. And to not declare is to lie. And to lie is a breach of trust (dishonesty - see above).

    U should be ok - but do not exclude them
    Thanx for your help, do you know where I might obtain the secondary report.
    I must admit I still feel a bit sick about it though, I now now how it truly feels to be an idiot due to miss spent youth.

    Andy

  5. #5
    Join Date
    Nov 2010
    Location
    North Yorkshire, England
    Posts
    77

    Wink

    Quote Originally Posted by Team Dawsy View Post
    I went to court and was fined for breach of the peace, drunk and disorderly, and fined by the local magistrates, no mention of being convicted.
    Yeah. Nowadays it would just be a £80 fine, no court appearance and no conviction. Not me of course

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