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Thread: Drunk Driving offence

  1. #11
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    Oct 2013
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    Ok I'll try to keep this simple, because I think you are going to require knowledgeable and professional advice.

    Anyone convicted or an offence punishable by 3 month or more imprisonment within their first 2 years of residence is liable for deportation!

    D2.15.40 Deportation liability of residence class visa holder convicted of criminal offence

    See also Immigration Act 2009 s 161

    A residence class visa holder is liable for deportation if they are convicted, in New Zealand or elsewhere:
    a.of an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time: i.when the person was unlawfully in New Zealand; or
    ii.when the person held a temporary entry class visa; or
    iii.not later than 2 years after the person first held a residence class visa; or

    b.of an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or
    c.of an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa.




    A first offence for EBA has a maximum penalty of 3 months imprisonment and so this would apply here.

    Its likely that following any conviction for EBA you would be served with a deportation liability notice.
    If that doesn't happen, then when you come to apply for a PRV, those issues would be raised.

    You need to go through a process, similar to a character waiver (but at a higher level) for the deportation liability to be removed or suspended and to ultimately be granted your PRV.

    Again I stress you need proper advice on the processes in play here.

    I can say though that in most cases I've known, where there is only on EBA offence, that PRV's have been granted.


    As to your other questions, yes you would need to declare it to an employer , if asked, or depending on what your employment contract says, until such time as it became a "spent conviction"

    You wouldn't need to declare it on your arrival card as is not an offence to which you have been sentenced to 12 months or more imprisonment.
    Last edited by ChrisMwn; 4th April 2016 at 01:28 PM.

  2. #12
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    Apr 2016
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    auckland
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    Hi ChrisMwn,

    Thank you fro your detailed reply.

    What are my chances for getting deported considering im a first time offender (with clean past record) ??

    Have you seen in the past people having only one DUI offence getting away from deportation liability notice and finally getting PRV.

  3. #13
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    "I can say though that in most cases I've known, where there is only on EBA offence, that PRV's have been granted. "

  4. #14
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    Apr 2016
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    auckland
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    Should i better approach a criminal lawyer at this stage (my hearing is by next month in the court), or should i utilise the services of licensed immigration lawyer when i apply for PRV next year?

    Please suggest.

    Thanks

  5. #15
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    two different issues really. if you feel you want to defend the EBA charge, or speak to someone who might offer more advice than a duty solicitor on that day at court, then use, approach someone who specialises in EBA matters.

    If and when you have to deal with a DLN (deportation Liability Notice, or are making application for the PRV, then advice from a lawyer or adviser who has knowledge and experience in such matters would be adviseable.

  6. #16
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    How likely a first time offender ( without any prison term) just fine and license disqualification will get DLN?

    Have you seen people who were first timer, got away with this DLN?

  7. #17
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    its random. Just depends what else INZ compliance have on their plate and how actively they monitor court proceedings.

  8. #18
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    Apr 2016
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    auckland
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    Okay. Ideally in how many days INZ issue DLN after receiving court order?

    Are you aware of their present timeline?

    Thanks

  9. #19
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    auckland
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    Im totally devastated, cannot think of anything else aprt from the consequences of what a stupid thing i have done...

    Please help me..i have recently blessed with baby (who is a NZ citizen), i have a big responsibility on my shoulder.... i cannot imagine living NZ after working so hard to reach till this stage...i accept that i have commited a serious offence of risking life of others and i have learnt my lesson of doing so..

    Why doesnt i will get a one chance to prove myself as a good person which i have been till now (except this minor offence)...i hvnt done any damage or any speeding or red light jumping...i just been simply caught at the police check...

  10. #20
    Join Date
    Jun 2015
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    New Zealand
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    Quote Originally Posted by newtonz16 View Post
    Im totally devastated, cannot think of anything else aprt from the consequences of what a stupid thing i have done...

    Please help me..i have recently blessed with baby (who is a NZ citizen), i have a big responsibility on my shoulder.... i cannot imagine living NZ after working so hard to reach till this stage...i accept that i have commited a serious offence of risking life of others and i have learnt my lesson of doing so..

    Why doesnt i will get a one chance to prove myself as a good person which i have been till now (except this minor offence)...i hvnt done any damage or any speeding or red light jumping...i just been simply caught at the police check...
    Driving with EBA is quite a serious offense, although I'm sure you will be fine you do have some work ahead of you, and if I was in your position there is no way I would be trying to work it out on my own without professional help. I don't think there will be any help in getting a criminal lawyer for the DUI offense as it is clear you are guilty and you accept this. If I were you I would be talking to a licensed immigration advisor as soon as you can, like ChrisMwn says find someone who has experience with what you are dealing with, he is an advisor and maybe he has experience in this area, it will be a much faster process than seeking answers on a forum.

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