Character Waiver/ Special Direction

[laurieloo]

Hi everyone! first post on ENZ I really wanted to get some thoughts on my predicament. I want to apply for a one year work visa for New Zealand. My problem is that last october I was deported from Australia for breaching my tourist visa, working for cash in hand, and so also received a 3 year exclusion from there. I spoke to NZ immigration and as I do not meet the character requirements because of this - they have advised that I can apply for a special direction to see if the authorities are willing to give a character waiver? I am just wondering what you think the likelihood of passing this 'test' is given the above, and what exactly i should be including in my letter to them? what kind of character reference i should be getting from friends and family? The reason for doing what i did was due to having had 2 years working visas already and having met my boyfriend who was sponsored there, we were trying to get evidence of being together for me to get on his sponsorship visa.He left Oz because of my deportation and has been offered sponsorship in New Zealand now so we both we really want to go - just worried if I am not allowed a visa! I have never been in any trouble with the law or anything, this is the only mark I have against me. Any thoughts would be very much appreciated - have a nice day!
Laura

[JandM]

Hello and welcome.

[G-Mo]

I would think, given the nature and recentness of your offense, it's unlikely a waiver would be granted.

[JandM]

I presume you have found this page of INZ? http://www.dol.govt.nz/immigration/k...base/item/1184

This next part is going to sound harsh, but it's for a reason. Please read on.

You say, 'I have never been in any trouble with the law or anything.' You have to take on board that you HAVE been in trouble with the law - this incident in Australia was you, overstaying (illegal) and working without a visa (illegal), because it suited you. All a criminal is, is someone ignoring a law because it wasn't in line with what they wanted. So now, you are a criminal, wanting to have your crime excused by NZ, because if they don't, it is going to severely mess up your hopes and plans for the next several years (at LEAST - being an overstayer in one country can haunt your record every time you want to travel internationally for a large part of your life).

Right - THAT should show you the attitude that is your only hope in pleading for a character waiver. You need to recognize, even though it's rather too late, that you have done something wrong. You have made a stupid mistake, and the heady feelings of a new relationhip are not actually any excuse for that, though they are the reason. You have to be very sorry, and realize that nobody owes you any consideration whatever. Nevertheless, you are going to beg for NZ to give you a waiver. Your partner is a worthwhile person - somebody has enough regard for him to have offered him sponsorship, which proves it. He already gave up what he had in Australia to follow you when you got deported. I expect you would really appreciate the chance to support him in NZ, and would hate to think that your foolishness would damage his chances. Do you see how serious this is, and how seriously you need to treat it?

In most cases we've seen on the forum, people have been applying for character waivers in relation to them having broken the law several years before, and witnesses were able to say on their behalf that they were a different person now - mistakes of youth, for instance, and now they are a respectable pillar of society. This wouldn't work for you. I imagine your witnesses will have to try saying that you have normally been law-abiding, that this issue in Australia is out of character, and that you now realize this and very much regret your actions. They might perhaps stress your good new relationship (good stabilizing influence on you), but this may not carry much weight, as obviously, your partner unfortunately didn't do anything to stop you.

I see what G-Mo has written, and it's a reasonable reaction. All immigration authorities take very seriously offences against visa regulations.

[G-Mo]

Usually they like to see some length of time between the offence and the request for a waiver (and by length of time I mean more like 5 years, not 10 months)...

[laurieloo]

Hi guys,
Thanks very much for taking the time to reply. I understand what you have said in relation the 'crime' part, what I did mean to write initially was that I hadnt been in trouble before that, i realise the seriousness of it. I didnt actually overstay though... i was within the 3 month tourist visa period, if that makes a difference!i am really nervous about writing the letter - as I want to be completely honest and not put my foot in it! i had applied for acceptance from a college with the thought of trying to get a student visa first - i was accepted but the fees and costs of everything were just too much and so it didnt seem a viable option ( more fool me).. i was doing waitressing work which is not something i would have done ( ironically i have a law degree and so legal work is my field) and so it really was doing what we thought was necessary as a means to an end to get our evidence together and get me on his sponsorship visa... i dont know if that would just sound really bad to an immigration officer though.. all in all we were just completely naive and werent looking at the bigger picture and doing things the right way, we really were just too eager to be together. it was honestly the biggest mistake ive made, and has affected us both negatively as we are now living in the recession basically and for a decent standard of living it is necessary to leave,this chance of sponsorship for my boyfriend is huge. have you any more advice as to what i should include in the letter I write? and who exactly should be my writing character references?just friends and family?former employers, local politicians?thanks so much, i really appreciate your time,

Laura

[JandM]

Okay, sorry, not an overstayer but a visa-breaker - still not the best news.

Your referees should ideally be people who have known you for some good long time, AND who have some standing in the local community, professionals like doctors or lawyers, maybe.

I think in your letter you have to be as frank as you are being in this last post. It's not easy, because there actually ISN'T any good reason to put forward, and you have to admit that, as you have above. A grovel is the only hope, and even then it may not work.

[sophiedb]

Seconding the need to plead naivety and beg, tell them that you now realise the seriousness of what you did. It was a stupid thing to do, and you know that better than anyone now. And get someone of decent community stature who has known you for years to write something to the effect that it's not something you'd normally do.

Have you previously held a WHV for NZ? If so, depending on where you worked, a Kiwi employer might be worth asking for help too.

(and if you didn't have a Kiwi WHV before, you really should have considered that before working illegally.. it's a fair distance from Australia, but not as far as Ireland - but that's a coulda woulda shoulda..)

I'm not sure what sort of implication this will have for your career either, if you plan to work in law..

[laurieloo]

Thanks for the advice guys, really appreciate it. No i never held a WHV for New Zealand, I just did some traveling there a couple of years ago in a campervan on a holiday visa and I went to the rugby there last October and it was upon my return into Melbourne that I was questioned and I basically just owned up straight away... it has no implications for my career - but it affects my chances of work visas and entry into other countries which is bad enough!the only thing that shows up against my passport is that i had a visa cancelled in Oz so obviously authorities would want to know why etc.. I will be taking all of what you have all said on board.. Fingers crossed, thanks again,
Laura

[DanC]

Hi after reading this im in a similar situation, i have not stayed illegal in australia but finished my working visa and went to bali with flights booked back to the uk. I then decided to go back to oz and applied for a tourist visa it finally got accepted so i booked a flight back to darwin and was interrogated by immigration to as why im coming back. They had no evidence whatsoever on me but after 7 hours cancelled my tourist visa on the grounds that they suspected because i have finished a working visa and entering back so soon that i would be going to work again. I had travel plans and people that i was travelling with had my back but wasnt good enough and i was sent home.
I have now applied for a working visa in new zealand and they have just declined saying i need to get a special direction?? How do i go about this and what are the chances? My friends visa has been accepted and we are both waiting to go.
Thanks