Character Waiver Help!

[lovenz143]

Hi all! This is my first post here!

My partner applied for partnership based visitor visa but the application was declined because the agent didn't fill the section i in the application form. The decline letter stated you have misled INZ and are not of good character. Then we reapplied the application by ourselves and the CO has mailed us that the medical referral has been completed but the concern of meeting requirements of good character is still outstanding. Your application will be reviewed by a senior officer who will determine whether they should waive the character requirements for you.

So what exactly is the process of waiving the character requirement and how long would that process be. we have waited for 6 weeks to get the medical referral result and now waiting for a reply from senior officer.


Thank You.

[JandM]

Okay, so THIS application is taking note of the fact that the PREVIOUS application was declined, blaming you for the agent's mistake about completing the form. That mistake was held to be 'misleading INZ'.

If someone really is of bad character, having been convicted of a crime, say, then INZ can require them to apply for a character waiver. That is done by the person writing a grovelling letter, acknowledging their crime, explaining the circumstances, saying that they know better now, and giving details of in what ways they now help their community, and they send character references from people of standing.

But you don't say that you have been told to apply for a character waiver. Therefore, I'm guessing that the CO already knows that the circumstances of the 'misleading' were not your fault. However, s/he hasn't got the authority to ignore that it happened, which is why it has be passed to a senior to be okayed.

As with most things to do with INZ, there is no way to say how long it will take, because it largely depends on the volume of work passing through that office at the moment. No doubt your file is in a queue, working its way up till it gets its turn for the senior's attention.

[lovenz143]

Okay, so THIS application is taking note of the fact that the PREVIOUS application was declined, blaming you for the agent's mistake about completing the form. That mistake was held to be 'misleading INZ'.

If someone really is of bad character, having been convicted of a crime, say, then INZ can require them to apply for a character waiver. That is done by the person writing a grovelling letter, acknowledging their crime, explaining the circumstances, saying that they know better now, and giving details of in what ways they now help their community, and they send character references from people of standing.

But you don't say that you have been told to apply for a character waiver. Therefore, I'm guessing that the CO already knows that the circumstances of the 'misleading' were not your fault. However, s/he hasn't got the authority to ignore that it happened, which is why it has be passed to a senior to be okayed.

As with most things to do with INZ, there is no way to say how long it will take, because it largely depends on the volume of work passing through that office at the moment. No doubt your file is in a queue, working its way up till it gets its turn for the senior's attention.

Thank You JandM for your quick response. Just hope that the last application wont affect the current one!

[lovenz143]

Hey JandM!

Can I mail the CO and ask about how long would it take for the final result. It has been more than 40 working days, first the medicals took time and now the senior officer! We actually wish to celebrate our wedding anniversary together(Its on 6th April), thats the reason we are waiting so eagerly to get a visa.

[JandM]

Hey JandM!

Can I mail the CO and ask about how long would it take for the final result. It has been more than 40 working days, first the medicals took time and now the senior officer! We actually wish to celebrate our wedding anniversary together(Its on 6th April), thats the reason we are waiting so eagerly to get a visa.

1) The CO won't know any more than I or you do how long it is going to take. It has been passed on out of his/her hands to the senior officer, where it will take as long as it takes. Also, quite likely you wouldn't get a reply, because INZ COs' work is to focus on on moving their cases through, so telling people 'now your case is doing this, now your case is doing that' is not part of it, as that time could be better spent doing something on another person's application which would get it one step nearer to granting their visa. This is why EVERYONE spends long periods of time with no contact from INZ. These times are when the CO doesn't need any more information, and hasn't any news of a result to give.

2) There is no set time that an application is "supposed" to take. The timings on the INZ website are estimates based on recent timings, never a promise, and they make clear that extra complications to a case will make it take longer.

3) That exclamation mark seems to be protesting against the referral to the senior. Bear in mind that if INZ didn't do this, your partner's application would get a straight rejection.

4) INZ is a huge government bureaucracy, crunching its way through thousands of cases. As such, people's personal feelings can be allowed to mean absolutely nothing to the officials. Every case is dealt with in turn by the rules, as fairly as they can. Every case has somebody's life tied up in it, and each one is urgent to that person.

[lovenz143]

Hello JandM!

My partner's visa has been declined for the second time. This time the reason was "your first application was declined because you were not meeting requirements of good character. That concern is still outstanding. A character waiver was considered for you in this application but was not granted."

They didn't call for an interview though we had clearly describe with the application what exactly happened with the first application still they declined the application.

Now what can be done to overcome this problem of not of good character. Can you please provide a solution for this matter. Can I hire a lawyer now to lodge a fresh application or should I go for reconsideration. Can I make an appeal to INZ New Delhi?


Thanks in advance!!!

[JandM]

Can you please provide a solution for this matter.

Actually, no, I can't, and neither I, nor most people on this forum, would be allowed to try to do so. This is a forum where members of the public try to help one another by sharing their stories, and their knowledge of what is on the public INZ pages. There are no professional staff here. By NZ law, ONLY Licensed Immigration Advisers http://www.iaa.govt.nz/migrant/using-an-adviser/ are allowed to advise, in the sense of telling someone else what they ought to do. In your place, I would find an LIA (making SURE they are properly registered, because otherwise that can be held against you by INZ) or an immigration lawyer to handle your affairs.

[gauri]

Hi lovenz143
Just want to know did your wife got visa approved ?