Help! Granted a Work Visa but refused to enter NZ due to a character alert afterward?

[Sweet_EL]

I granted the Silver Fern Visa on 20/Feb, 2016, and when I was about to boarding my flight, I was stopped by a NZ boarder immigration officer that I was refused to enter New Zealand because there is a character alert on my profile.

The next day, I contacted with the nearby immigration branch in Beijing, they told me that the character alert was not revealed during the time they processed my application, it was identified after they granted me the visa. So I will now require a character wavier if I intend to apply for a further visa to travel to NZ in the future. Even thought I have the visa, but I can't enter the country.

The decision to refuse me to board the flight was made because they claimed me had provided false and misleading information that I was a citizen of Japan while lodging online applications under the Japan Working Holiday Schemes. But the fact is I have never done this and I did not even know this until they told me on the phone. I submitted my SFV application on 20/Nov, 2015, and the Japan Working Holiday application under my passport information was lodged in Mid-December, 2015. So my concern is it was me lodged the application of japan working holiday schemes, and I feel soooo frustrated for what happened to me...

I already emailed my situation and explain all these to Beijing Immigration branch, and asked if I could appeal a character waiver this moment, but still waiting for the reply.

Here are my questions:

a) I wonder if anyone here has such similar experience and how did you sort it out?

b) Is it any possible that I could appeal a character waiver without re-applying my visa? (as we all know, I already granted sfv once, I can't apply anymore.)

c) Or should I seek the help from an immigration adviser?

Any suggestion would be appreciated!!

[JandM]

my concern is it was me lodged the application of japan working holiday schemes

Am I right in thinking you mean to say, it was NOT you who lodged the Japanese WHV?

[ChrisMwn]

What's important here is to establish the facts. You may need to obtain a copy of the application that was lodged under the Japan WHS. yes, you probably do need the assistance of an adviser or lawyer, as the character issue will reamain until it is resolved and will effect not only your silver fern application, but any other applications you might make.

[Sweet_EL]

yes.. It was Not me.... and as the Japanese WHV lodged under other client account, so it was not merged with my account until the application was declined.

[Sweet_EL]

What's important here is to establish the facts. You may need to obtain a copy of the application that was lodged under the Japan WHS. yes, you probably do need the assistance of an adviser or lawyer, as the character issue will reamain until it is resolved and will effect not only your silver fern application, but any other applications you might make.

I can't get the copy of the Japanese whv application because I don't even know the registered email address under the Japan whs...

And yes, you're right, I need to establish the facts, so yesterday I sent an email to the Beijing immigration office with lots of facts that what I did to get the Silver Fern Visa, including the efforts to get my NZQA assessment done with paying fast track, and how many time I sat my IELTs test, and all these happened right after the lodged date of Japanese WHS application. I told them I know how serious it would be if someone provided false and misleading information to an immigration of a country and if it was me to lodged the whs of other country, I wouldn't have spent any time or money on my assessment and ielts test...

I hope I could receive some positive feedback from Beijing branch later this week, or I might have to seek help from a lawyer or an adviser.

[ChrisMwn]

Write to INZ (Beijing), and ask them for " a copy of all information held by Immigration NZ relating to yourself, including an Application for a japan working holiday visa." Make this request under the Official Information Act.

[Sweet_EL]

Write to INZ (Beijing), and ask them for " a copy of all information held by Immigration NZ relating to yourself, including an Application for a japan working holiday visa." Make this request under the Official Information Act.

Thank you, ChrisMwn, that sounds a good idea. I will try . But what can I to do with this application? And I think if they could track down the IP address where the application lodged from, then it definitely shows it was not from my previous location...

[Sweet_EL]

Am I right in thinking you mean to say, it was NOT you who lodged the Japanese WHV?

Hi JandM,

I talked to a licensed adviser about my situation, and so far she is still working on it. And as for the email I sent to Beijing Immigration New Zealand, still no feedback. Just fingers crossed.

Do you know it is possibly that I could appeal a character waiver without a new application? Because actually my current visa has not been cancelled. But I think if I don't have a new application, probably no one will be allocated to handle my issue. I don't know how the flows work in INZ.

Also I worried they might feel unhappy if I send another email to ask the status of my case...

[JandM]

I expect you have said the same thing to the LIA as you did to Chris, about the possibility of checking the IP address (and of showing that it is in a place you were not at at the time of the application, it is to be hoped). I think you need to keep in close contact with the LIA, and not take any action in these early days that might run counter to whatever she may have done. There needs to be good evidence and reasoned argument when your protest at the situation is made to INZ - don't fire off several small approaches.

A character waiver is something that can only be done when told by INZ in the course of their processing of a particular application. You can't do that for your SFV in retrospect. As Chris has said, you need all the facts, and only then can you launch what seems to be most appropriate - an appeal, or a complaint.

[Sweet_EL]

I expect you have said the same thing to the LIA as you did to Chris, about the possibility of checking the IP address (and of showing that it is in a place you were not at at the time of the application, it is to be hoped). I think you need to keep in close contact with the LIA, and not take any action in these early days that might run counter to whatever she may have done. There needs to be good evidence and reasoned argument when your protest at the situation is made to INZ - don't fire off several small approaches.

A character waiver is something that can only be done when told by INZ in the course of their processing of a particular application. You can't do that for your SFV in retrospect. As Chris has said, you need all the facts, and only then can you launch what seems to be most appropriate - an appeal, or a complaint.

Thanks for your advise. I feel clear now