Residency application question.

[Pleasehelp]

Hello,

So, I recently posted regarding a dui. I'm going to ahead with the application but my cut off date is Feb 5th. My court date is on Feb 12th. What if anything should I disclose and how can I do that if it hasn't gone through the court system yet?

Thanks

[JandM]

I'm assuming that you're putting in your ITA. The ITA form is not available online, but looking at the EOI here http://www.immigration.govt.nz/NR/rd.../0/INZ1100.pdf, I see question B10.

Questions
B10 to B15 relate to other character requirements. People described in question B10 to B15 require a character waiver to be granted residence...

B10
Are you currently:
•
under investigation
Yes
No
•
wanted for questioning
Yes
No
•
facing charges
Yes
No
for any offence in any country?

Your ITA will have printed out that you ticked 'no' for all these, and you will need to alter 'facing charges', and supply details.

[ChrisMwn]

and the manual work visa form requires you to declare if you have charges pending. INZ wont action the application until the court case is decided. You should get an interim visa in the meantime. AT some point once the court case is over you will need to deal with the character waiver (if convicted).

[Pleasehelp]

I'm on a current visa now til october. hopefully that wont be effected. Any idea what I'd need to supply for a character waiver? this is the first time anything like this has ever happend in my life...thanks, greatly appreciate your help

[JandM]

You will be told by INZ when you need to apply for a character waiver. This application is an acknowledgement of your wrongdoing, showing you take responsibility for what you did, a humble apology, and an explanation, if any is possible, of the state of mind which made you act unlike your usual self. Then you have to supply character references from people who have standing in the community, and who know you. Here are some old forum threads on the topic. https://www.google.co.uk/#q=site:enz...aracter+waiver

[Pleasehelp]

Thank you very much! Greatly appreciated!!

[ChrisMwn]

and more particularly when it comes to residence you will need to address the following:

A5.25 Applicants normally ineligible for a residence class visa unless granted a character waiver

Applicants who will not normally be granted a residence class visa, unless granted a character waiver (see A5.25.1(b) below), include any person who has been:
h.convicted at any time during the last five years, of an offence (including a traffic offence), involving dangerous driving, driving having consumed excessive alcohol (including drunk driving and driving with a blood or breath alcohol content in excess of a specified limit) or driving having consumed drugs

b.An immigration officer must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify waiving the good character requirement. The circumstances include but are not limited to the following factors as appropriate:i.if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine);
ii.whether there is more than one offence;
iii.if applicable, the significance of the false, misleading or forged information provided, or information withheld, and whether the applicant is able to supply a reasonable and credible explanation or other evidence indicating that in supplying or withholding such information they did not intend to deceive INZ;
iv.how long ago the relevant event occurred;
v.whether the applicant has any immediate family lawfully and permanently in New Zealand;
vi.whether the applicant has some strong emotional or physical tie to New Zealand;
vii.whether the applicant's potential contribution to New Zealand will be significant.

[Pleasehelp]

Thanks, that helps.