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Thread: EOI declined - character issue

  1. #1
    Join Date
    Oct 2013
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    New Zealand
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    Default EOI declined - character issue

    Hi there

    My husband, 4 kids and I have been in NZ for 11 months. We are here on the basis of hubby's closed work visa - I have an open one. His job is on the skills shortage list.
    When we applied for the work visa from South Africa last year, the issue of his character came up because he has a conviction on his police clearance from 18 years ago when he was 16 years old - sounds AWFUL, but it says 'Robbery' - referred to Reform School for 5 years (he was mixed up in the wrong crowd etc.)
    He was sent to a school for boys with difficult circumstances, etc. But they were allowed home for holidays, etc. Were allowed to attend church on Sundays outside the school premises... it was much like a boarding school. But he was so unhappy there, his parents removed him from the school after 18 months. The school wasn't too happy about it, but they let him go without persuing it further.

    He applied for a police clearance in 2001, and it came back clear - we thought it had been expunged automatically as he was a juvenile. Therefore, imagine our shock when last year, the latest police clearance showed this conviction.
    We went ahead and applied for his work visa, added tons of letters of character reference from people. But the case officer came back asking for proof that he was not completely deprived of his liberty - they were trying to assess whether he had been sent to actual 'prison'. It was a mad run-around trying to get the proof we needed, as the school closed down 14 years ago! The education department were useless. But we managed to get hold of the then acting principal of the school, who wrote a letter explaining that the boys at the school were not completely deprived of their liberty, etc. We also tracked down the school psychologist who remembers my hubby and wrote a letter to attest to his having attended the school.
    The case officer took all evidence into account and said we must apply for a 'Special Direction'. So all the info was forwarded to the Risk Analyst at INZ Pretoria branch in SA. And the risk analyst decided to grant a Special Direction - we just had to pay a fee for it.
    We got our visa's and hopped on a plane to NZ.

    Now, after being here for 11 months, we decided it was time to put in our EOI. We explained in the comments of the EOI, that he'd already received a Special Direction, that the school was NOT prison, etc. And yet the EOI has been declined. Got the letter in the post today saying that according to their ops manual, hubby spent 5 years in prison. And that the only way around this is a Special Direction, however, they feel his case 'does not warrant' a Special Direction, and we will therefore NOT be invited to apply for residency in NZ. Just. Like. That.
    We are now really stressing because 1. how do we get the CO to see that our case most certainly DOES warrant a SD, and 2. we were granted one previously - why not at least the opportunity to apply for one now?? - we have settled in NZ, with jobs, kids in schools, made a life here - and have proven that hubby is NOT a risk here. It just seems so unfair.
    The letter of decline is signed by a 'Senior Case Officer' - and no contact details or email address for him - just their usual call centre number.

    Our plan is for hubby to phone immigration tomorrow and try to speak to the case officer - and be reallllly sweet to him and point out a few things to him.

    We have done tons of research about this character issue, the special direction, etc. And we know that it boils down to being at the discretion of the CO. I really don't feel like paying an immigration lawyer thousands of $$ that we really don't have, but maybe we should???

    My question is, has anyone else requested a Special Direction for character issues, and surely if it's been granted for the work visa, it should stand for the residency app?

  2. #2
    Join Date
    Feb 2013
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    UK
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    Default

    Whereabouts in New Zealand are you?

  3. #3
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    ...sorry - should have added that you may need help to contest this decision, but you do have rights. I have a few contacts that might be able to help you - can't guarantee what they would charge, but I suspect the are one or two who would at least advise you on the right course of action. Your hubby would need a character waiver, but as he was so young at the time I would have thought he should be given a chance! Obviously I don't know all the circumstances here. You probably realise that the character requirements for residence are more stringent than for temporary visas. If it looks like this is going to take awhile to sort, you may want to ask INZ if they would consider approving a further work visa while you have time to gather the necessary evidence. Hope that helps a little. Karen

  4. #4
    Join Date
    Oct 2013
    Location
    New Zealand
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    Default

    Hi Karen
    Thanks for that, we're in Auckland.
    Yes I knew they'd get sticky when it came to residence and the character issue, but really thought they'd give us a chance to at least explain / elaborate etc.
    Luckily we still have another 13 months left on our work visas But need to get residence ASAP because we got slapped with hospital bills of over $4000 a few weeks ago (for 3 after hours consultations for kids with very high temps)... we thought we'd be eligible for publicly funded health care, but we're not... we arrived on NZ soil 5 days after the commencement of our work visa's, meaning our total time allowed here is 5 days short of the full 2 years = no health cover. Very stressful with 4 little kids. We've contested it with the Ministry of Health, but they are adamant.
    So we need to get residence as quickly as possible as we can't afford travel insurance.

  5. #5
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    ... usually work visas start on the day you enter NZ???? Have you got a clear idea of he reconsideration and appeal procedures and timelines? If not, I could send them to you. I will see who is in Auckland that might be able to help you.

  6. #6
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    Have a look at http://www.immigration.govt.nz/opsmanual/35058.htm. The second section lists reasons why a character waiver might be considered. This might help you get started.

  7. #7
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    Oct 2013
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    New Zealand
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    Thanks Karen - any info or contacts at this point will be greatly appreciated, as I am slowly trying to put this situation into perspective as I muddle through tons of research online.
    Many thanks for the support

  8. #8
    Join Date
    Oct 2013
    Location
    New Zealand
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    Hubby has just spoken to immigration, they say the decision for this EOI is final so that's $510 down the drain BUT, the advice they've given is that he first apply for a Special Direction (a character waiver is not good enough for residence visa). They say we must put all our evidence together with a written request explaining everything. It will take 30 days for a decision from the Minister of Immigration in Wellington...
    If approved, we pay $185 and THEN put in another EOI.
    So there is some hope

  9. #9
    Join Date
    Feb 2013
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    UK
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    Thank you for letting me know - and other people on the Forum who might need to know this at some point in the future. If you want anyone to cast an eye over your submission before put it in, I would be happy to do so without charging you. It would have to be electronic as I won't next be in NZ until the end of November.

  10. #10
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    Oct 2013
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    New Zealand
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    Thanks Karen - how lovely of you - and thanks for being so helpful.

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