Special Direction Under Section 17(1)(A)

[belsin4221]

So where do I begin....

I need any advice that I can get please...

My partner has been living with my in NZ now since 2012. He original come over on a visitors visa and this application was completed by his father as my partners English at the time was very poor. This was approved for 3months then he extended his visa for another month and this application was completed by his sister again my partners English was not very good...My partner trusted that the form would be correct and just signed. We started applying for partnership visa and I have always completed all his forms and I have made sure I have declared that I helped on all forms. So my partner has a criminal record from his home country back in 2008 that he pleaded not guilty to till 2011 after finally giving up as he wanted to move on with his life. He could not afford a lawyer so and the oppositions lawyer advised him to plead guilty as this would be his first offence he would be ok. So this is what he did. Below is what shows on the police record:

1 - Riotous Assembly
2 - Destruction of building by rioters

Sentence:
18 months imprisonment
12 months imprisonment
12 months imprisonment
The sentences made concurrently sentences suspended in total for 2 years on the condition the accused complete the life skills program offered by Salvation Army and also carry out 110hrs community service.

So he never spent any time in prison and he completed his salvation army course and 110hrs community service.

Since I we have been applying under partnership category I have always declared that he has a criminal record and also explained the situation wit every application. We did not submit a copy of police record until the 3rd application which was to extend his work visa. However the case worker that received this application found evidence in our application to approve a character waiver and that the application that the visitor visa application mistakes were just that MISTAKES. We were then told that the next application will need to be a residence visa so we put in a residence visa which came back declined as he was not of good character and that he did not declare his convictions in visitor visa application which we know is true but we explained this in and the case manager in previous application accepted this and approved it.

We are now going to apply for a special direction. So I need to know what evidence I should make sure I submit to have a better chance of getting approved??? He is a good man and apart from the conviction in 2008 he has never been in any other trouble. He is a good step father to my son for the past 4years. Since he has had a work visa he worked and he is committed to mea

Any ideas or advice will be much appreciated.

Thanks

[ChrisMwn]

OK so we are actually talking Section 15 (1) (b) here regarding a person who in the last 10 years, has been sentenced to 12 months or more imprisonment. And now INZ are also raising false or misleading information in that he failed to declare those convictions in previous applications.

Primarily the issue is that a visa officer could not have granted a character waiver, since your partner is not eligible to even apply for a visa by virtue of section 15.
(I know they did, but actually they weren't able to).

Special Directions are only dealt with by the (Associate) Minister of Immigration or a designated senior official.

As has been suggested to others here, its probably not something you should take on without professional advice.

[belsin4221]

Hi ChrisMwn,

Thanks for your info.

So I requested his file from Immigration which I received and the particular visa that got a character waiver was given to a higher person. In his file it shows a pro and con table showing the reason why he should have a character waiver and why not. End summary pretty much said application error was a mistake and Character waiver is approved.

We have applied for a special direction with the help of a lawyer and this was declined however we have new evidence now but cant afford a lawyer anymore so we will be doing this on our own.

Thanks

[ChrisMwn]

I'd be interested in knowing more, but you'll need to make 5 posts to be able to PM.

[belsin4221]

[QUOTE=ChrisMwn;533918]I'd be interested in knowing more, but you'll need to make 5 posts to be able to PM.[/QUOT

Can it be 5 post on this thread or no? Cause I could really do with some help.

[ChrisMwn]

Any where. It'll take about 30 minutes after last post for you to see PM tab

[belsin4221]

Ok....

[belsin4221]

Sorry 1st time on here.

[belsin4221]

[ChrisMwn]

Give it 30 minutes and either click on my name, or the Private Message tab which will appear on the left hand side of the blue bar near the top of page