help regarding criminal record

[kyle2643]

Hello every one first post here, I am looking to move to new Zealand and work for a period of one or two years, but I have a criminal record.

I was sentenced to 15 months imprisonment in 2009 for affray, now I know this is over the 12 month threshold but I am a bit confused as the article I read says that you must not have served 12 months or more in prison I only actually served four and a half months in prison it self as I was released early for good behaviour.

so I am hoping that its possible I would not be classed as having served over 12 months in prison as I did not, but my sentence was however over 12 months.

I am a HGV driver and that is the line of work I would be looking for if I was given the chance to obtain a working visa.
I should also note that I do have another 2 or 3 minor convictions on my record from when I was younger around 15 - 17 I am 24 now

So what I am asking here is do I have a cat in hells chance or not

Any advice at all will be most appreciated thank you

[JandM]

Hello, Kyle.

The answer is that later on you will be able to get into NZ to work, but not straight away. They won't grant a visa to anyone who has had a sentence of 12 months or more (what time was served doesn't matter), within the last ten years. This comes from the rules quoted below.

After the ten years have passed, you could apply for a visa, but you will always have to mention your convictions and expect to answer questions - you may well be told you have to apply for a character waiver. That involves writing a letter explaining all the background to the offence(s), stating that you see things differently now and would not be involved in anything like that these days, and getting character witnesses to give you a reference.

The Immigration NZ operational manual says this.

Any person described in section 15 or 16 of the Immigration Act 2009 (see A5.20(b) and A5.20(c)) must not be granted a temporary entry class visa or entry permission, and their application will be declined.

http://www.immigration.govt.nz/opsmanual/46509.htm
Then, following the link to those sections of the Immigration Act 2009 http://www.immigration.govt.nz/opsmanual/35057.htm, A5.20 b ii gives...

Under section 15, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:

Any person who -

...at any time within the preceding 10 years (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more

Further down, it explains in more detail.

Paragraphs (b)(i) and (ii) above apply:

Whether the sentence is of immediate effect or is deferred or is suspended in whole or in part

[kyle2643]

Thank you for you help