Hi all good people,
I have been looking through the threads of this forum to find something that could help my situation but I feel (like everyone else posting here I am sure) that I am in a very specific limbo with my current residency application.
Here is my situation:
I have been living in NZ for 4 years now. The 1st year was on a WHV and the last 3 on a work visa under the essential skills programme as a business manager for one specific employer.
My residency application seemed successful and on its way as it got past the first checks rather quickly, but I am now faced with an issue:
While looking at my IRD summary of earnings my CO found out that I had received payments from a secondary employer and that came as a breach of visa. I did a few jobs as a contractor in the same field as my current main employment in the past.
While most of these payments were made at the time of my WHV, I still did a little bit of work for that secondary employer during my first year on my work visa. I agree that was absolutely silly and I have understood the implications that can come with it now.
Also, some of these payments were even made up to March this year due to the nature of this work (film and TV - some contracts get reviewed every year depending on broadcasting decisions and I got paid for work done up to 2 years before).
As I said, this comes as a breach of visa and I am now requested to account for it and also very scared of what I understand the consequences might be.
I went to seek free legal advice yesterday and was told that, all I could do at this stage was to request a special direction to get a Character Waiver.
I also understand from my research that character waivers are for people that have a criminal record already, or have committed an offence in any country, including NZ.
However, I have not been convicted of anything yet, so I wonder how this preempting would be received.
I am obviously really attached to NZ. To make it short, I first came here in 2000 to work one year as a university tutor while doing my Masters, fell in love with the country and decided to come back in 2009 to do something completely different.
I am sure I could find the words to express how much I would like to become a resident (and how I would rather not be deported) as well as providing all the letters from solid references to support how "good" a person I am. Yet, I am still very worried something might go wrong because of the freshness of my breach of visa and how I cannot simply claim stupidity as an excuse.
I have never hidden anything from immigration and my CO has been nothing but lovely up to now, yet I understand this goes beyond simple kindness.
Would anyone be able to provide advice or directions as to how I may proceed with this?
Oh, I have till the 12th of July to account for this.
Thanks a lot and sorry for the lengthy message
S