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Thread: Permanent Residency Driving Infringements and other

  1. #1
    Join Date
    Mar 2015
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    NZ
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    Default Permanent Residency Driving Infringements and other

    Hi There,

    I have been a Resident of NZ for more than 2 years now and want to apply for PR.

    1) - There is a question on the form regarding traffic offences for which I am unsure what to answer:

    "charged with, convicted of or investigated for any offences committed (including traffic or driving Yes No
    offences) since being granted New Zealand residence, or while on a temporary visa or when
    unlawfully in New Zealand?
    "

    * I have 1 speeding ticket when I was pulled over by the police 2 and a half years a go
    2 speeding tickets one each following year in the more recent years to date.

    I am unsure if charged/convicted/investigated would include this? Do I need to disclose them? if so how?


    2) - 14 years ago I was refused a visitor visa application for the US while I was a student at the university on the grounds that I couldn't successfully overcome the consular officer's presumption that as a visitor, I wasn't intending to stay in the US. I couldn't provide enough evidence to show I had enough ties to the country being young and a student I didn't own a house, large bank account or a good job to do so. Should I mention this?

    Do you know if any of these two issues would have any impact on my PR application? or how to proceed?


    Thanks very much!

  2. #2
    Join Date
    Feb 2009
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    Auckland
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    Quote Originally Posted by drfish View Post
    "charged with, convicted of or investigated for any offences committed (including traffic or driving Yes No
    offences) since being granted New Zealand residence, or while on a temporary visa or when
    unlawfully in New Zealand?
    "

    * I have 1 speeding ticket when I was pulled over by the police 2 and a half years a go
    2 speeding tickets one each following year in the more recent years to date.

    I am unsure if charged/convicted/investigated would include this? Do I need to disclose them? if so how?
    I didn't have any issue disclosing the infringement ticket (I just had one so it was simple), remember to add a cover letter with the details and you can always discuss this with your Case Officer (at INZ desk)


    Quote Originally Posted by drfish View Post

    2) - 14 years ago I was refused a visitor visa application for the US while I was a student at the university on the grounds that I couldn't successfully overcome the consular officer's presumption that as a visitor, I wasn't intending to stay in the US. I couldn't provide enough evidence to show I had enough ties to the country being young and a student I didn't own a house, large bank account or a good job to do so. Should I mention this?

    Do you know if any of these two issues would have any impact on my PR application? or how to proceed?

    Thanks very much!
    Not sure if you had disclosed this when Residence Visa was granted to you, if yes then just keep up with the same stance.

  3. #3
    Join Date
    Oct 2013
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    technically you don't need to declare the driving matters, since they are "infringements", not "offences" However being prudent you should simply write on the form, "paid traffic infringements (speeding ) only."

    The US matter is a little more complex. Did you declare it on your previous (residence or temporary entry) applications? The difficulty is not that fact that you were previously refused a visa, but that you may have failed to declare it to INZ?

    Given that the PRV application form (1175)asks you to again answer if you have ever been refused or declined a visa, you must answer "yes"

    If you haven't previously declared this you will need to plead ignorance and say you had only just remembered this event 14 years ago, and never considered that it was of any consequence , nor did you intend to mislead or deceive.

    Its is not a matter that would lead to you residecne being revoked, but you might lead to some questions before your PRV is issued.
    Last edited by ChrisMwn; 19th March 2015 at 03:02 PM. Reason: typos

  4. #4
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    Mar 2015
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    Quote Originally Posted by ChrisMwn View Post
    The US matter is a little more complex. Did you declare it on your previous (residence or temporary entry) applications? The difficulty is not that fact that you were previously refused a visa, but that you may have failed to declare it to INZ?

    Given that the PRV application form (1175)asks you to again answer if you have ever been refused or declined a visa, you must answer "yes"

    If you haven't previously declared this you will need to plead ignorance and say you had only just remembered this event 14 years ago, and never considered that it was of any consequence , nor did you intend to mislead or deceive.

    Its is not a matter that would lead to you residecne being revoked, but you might lead to some questions before your PRV is issued.
    Thanks very much for your reply. I was just checking that up and I didn't disclose that on the original Resident Visa application as I didn't think it was relevant.
    How should I go? should I disclose it now? given that they might say that I failed to declare it to INZ? when I didn't think it was relevant or applicable.

    Whats the best way to proceed?
    1) Follow the same line as in the original application and say no.
    2) Declare this and have them accusing me of failing to declare it to INZ?

    Thanks very much! I really appreciate it.

  5. #5
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    Oct 2013
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    absolutely you must answer the questions correctly. "Yes" to previously refused a visa. To do anything other would be false and misleading.

    That fact that you didn't previously declare will need to be explained. The is nothing wrong with thinking that you genuinely didn't think it was relevant when you answered the questions in your previous applications. You just need to explain that you hadn't any proper advice and thought that since it was 14 years ago, you should have to declare it (or whatever your reasons were.

    Honesty is always the best policy. People have visas refused every day, because they don't meet the requirements, just like you didn't 14 years ago. I'd be pointing out, if asked that even if you did declare all of the circumstances, it would have had no bearing at all on any decision on your residence application.

  6. #6
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    Mar 2015
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    Quote Originally Posted by ChrisMwn View Post
    To do anything other would be false and misleading.
    Yes, but the fact that I honestly didn't think it was relevant and something that I complete forgot about at the time of doing the residence application and EOI, they might take it as misleading information. Like you said there is no reason why I'd try to hide something so irrelevant, at least to me.

    Quote Originally Posted by ChrisMwn View Post
    That fact that you didn't previously declare will need to be explained. The is nothing wrong with thinking that you genuinely didn't think it was relevant when you answered the questions in your previous applications. You just need to explain that you hadn't any proper advice and thought that since it was 14 years ago, you should have to declare it (or whatever your reasons were.

    Honesty is always the best policy. People have visas refused every day, because they don't meet the requirements, just like you didn't 14 years ago. I'd be pointing out, if asked that even if you did declare all of the circumstances, it would have had no bearing at all on any decision on your residence application.
    How should I proceed? should I just tick yes, and say refused visa for not being able to provide evidence to show support ties to the country? and completely ignore the fact I ticked no in the EOI and Residence Visa?, which in this case they might decline my application due to misleading information without even given me a chance to explain what happened? If that is the case, I wouldn't even be able to get a Character waiver as it would be considered an immigration offence.

    OR

    Should I tick yes, provide those little details I have (Its been so long that I don't even remember an exact date or any evidence of the event). and give a preventive explanation that I had a little advise on this application and that brought to mind that I should have disclosed this in my previous application but just in case I had to, I am doing it now.?

    What's the best approach?
    Thanks very much for your help...
    I'm a bit concerned about this and what is worse, I honestly didn't intend or knew this was something I had to disclose as it was totally irrelevant in my head

    Cheers!!!

  7. #7
    Join Date
    Feb 2015
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    New Zealand
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    Hi

    I have been reading your posts and wondering if you have mentioned it on PR form and did you come across any questioning from Immigration officer about it or did it effect your residency status? I am in same situation. Please advice

    Thanks

  8. #8
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    OP hasn't posted since, so I'm guessing he got away with it.

  9. #9
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    He hasn't been on the forum since 23rd March, so he may not have seen the question. And they may well not have done the processing in that time.

  10. #10
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    Feb 2017
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    Auckland
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    Hi everyone

    As far as I know. On inz resident application form. They ask have you ever been excluded, refused entry or deported from any country . I dont think they ask about visa refusal in resident application. Please correct if I am wrong.

    Thanx

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