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Thread: Side effect of withdraw on succeeding applications?

  1. #1
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    Question Side effect of withdraw on succeeding applications?

    Hello All,

    One of me friends is going to withdraw his lodged application but he is in doubt if history and recording of current application would effect on succeeding application. Can we imagine that new application will be considered as a fresh start or it would be biased by outcome of current application. I would say it is likely to current application be declined cause lack of character point in near future by case officer.
    Many thanks in advance.

  2. #2
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    I don't think 'biased' is the word to use - no official at INZ applies anything personal for or against any applicant. But if your friend does not meet the character requirements in some way, if this shows up NOW, it is also going to show up at any future application.

    If your friend is thinking of withdrawing his application because he is nervous because of something in his past record, is he aware that he can ask for a character waiver?

  3. #3
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    Thanks dear JandM, you are great
    You are completely right. He is so nervous and don't know what to do . Considering your suggestion, I studied character waiver in INZ site but none of conditions of Sections 15 and 16 are applicable to current situation of my friend. The problem is that the case officer is suspicious about getting help from a lawyer without stating in application form.

    Any help would be appreciated
    Last edited by hayat1352; 22nd July 2013 at 10:00 PM.

  4. #4
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    Any other help?
    Considering what I said in previous thread, does my friend need to request for character waiver? and if so, would it be helpful?
    Dear JandM, your contribution would be appreciated

  5. #5
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    I'm not sure I understand - has he told his CO he wants a lawyer to speak for him, and yet he hasn't mentioned some offence from his past on his application?

    The normal process is that an applicant declares whatever offence(s) they committed, and presumably, it also shows up in their police check. The CO then asks them to give full details of what happened. If the incident is passable, the application goes ahead. If the incident is more serious, the CO then tells the applicant that they need to apply for a character waiver, which is done by writing a letter of explanation, apology, and statement of good life now and good intentions for the future, supported by character references from people who know them now in their community. (There are old threads which you can find if you put 'character waiver' in the Search.)

    In other words, it's not up to your friend to say he needs a character waiver. That decision comes from the CO. But I do HOPE he has said frankly anything that will show up on his police check.

  6. #6
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    Dear JandM, thank you very much for your explanation.
    The subject is completely different. Let me clear it.
    As you know when a person apply for SMC visa, he/she can get help from a certified immigrant agent or do it alone. In the case of my friend, he stated that he has filled the forms and applied individually when he lodged. At the same time one of his friends applied for NZ too. They both have used same email and postal address in their applications. Now, officer is in opinion that they have gotten the help of an uncertified agent (lawyer) in the process of visa application and she is going to decline him cause lack of good character. Although he has been honest in his explanation but the officer is not satisfied yet.
    So, I think after above mentioned explanation we can refer back to the previous question.
    Dear JandM, I'm looking forward to hearing you soon.
    Last edited by hayat1352; 23rd July 2013 at 08:43 AM.

  7. #7
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    That makes it a lot clearer.

    And this is a very particular situation, which INZ are being very tough about at the moment. You may have seen on the forum before that there were many people in India quite recently who had been involved with an unlicensed agent. http://www.nzherald.co.nz/nz/news/ar...ectid=10884343 All those who were found to have consulted that firm had their applications declined on grounds of 'character' - basically, for lying about this aspect of their application, since any submission to INZ MUST be entirely truthful.

    Nobody has yet found out how it will go for any of these people if they put in another EOI. In their case, INZ felt that had absolute proof they were in the wrong.

    In your friend's case, if he doesn't press on and clear himself of the accusation or misunderstanding, but simply withdraws the application, he will leave the impression that he agrees he was at fault.

    Note: this is just my opinion. I think, if he genuinely did not have unlicensed help, he must do his utmost to prove the matter. If actually, he DID have help, he would do better to admit it and humbly apologise.

    Notice, when a CO finds something that they do not understand, they have a duty to put the matter to the applicant - to say what the situation APPEARS to be, and to ask the applicant to explain, or give any further information they can. Just because there has been an email like that does not mean the CO is not open to hearing more on the matter. If your friend can give an explanation and evidence, the CO will be able to proceed.

    (I wonder why using the same email and address, if they both live in the same place, is making the CO think they used a lawyer? That seems odd, unless perhaps she thinks it is someone's office.)

  8. #8
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    Dear JandM,

    Thanks a lot for your comprehensive explanation. You are really great
    Your guess is true. In fact they have used email and postal address of a their solicitor
    Thanks again

  9. #9
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    If the postal address and email used is of their solicitor and that is the address they used as their address in the application form I can understand the CO's assumption the solicitor completed the applications. It is very important your friend explains why the solicitors details were used rather than their own and explain that the solicitor was not involved in the application. It is important that your friend can clearly explain their situation to the CO as soon as possible.

  10. #10
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    You are right eternalkiwi. Thank you very much

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