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Thread: Work visa (specific purpose) I'm extremely upset, need help

  1. #1
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    Default Work visa (specific purpose) I'm extremely upset, need help

    This is my first post here and I would profusely appreciate feedback from all persons who can advise on my questions. I'm a Pakistani citizen currently doing PhD in China (the top ranked university, Tsinghua). I completed my MSc from the UK and BSc from Pakistan. I have been invited by a well reputed university in New Zealand to carry out a part of my PhD research over a period of 6 months. I have full academic support from both institutes (China and NZ). I have a sponsorship letter from the Chinese university stating that they will provide full financial support for my visit. In short the case based on these facts is very strong. However, main issues are following; I have 3 previous visa refusals. 2 from the UK and 1 from the US. UK refused my 2 student-depend or partner visas based on the fact that my wife's student visa application was denied that automatically removed any basis for my travel. It is important to mention that my wife spent a period of 1 year in the UK with me as a dependent. However, her student visa was declined 2 times and I equally received refusals, the same decision letter. The letter, in short, stated that you want to travel as a depend, however your wife's application is declined so you did not mention any other intention to go there so we have to refuse your application as well. Wife's app was declined not based on any fraud or misleading info, just minor reasons were behind that decision. The latest UK refusal was around 2 years and 9 months
    Now last month, my university in China sponsored me to attend a conference for my presentation in the US. The US visa officer after interview refused my visa under 214.b. This is about lacking strong ties with China that will repel me back.
    I have mentioned all the three refusals in my NZ work visa application now. Also, attached all the three decision letters with my application. Whilst filling the form when I ticked yes in the box asking about previous visa refusals. Suddenly, a box appeared that "based on your answers you may not meet character requirement, if this if the case you will need character waiver". My question is under this situation, how CO will look at my application. I reiterate that I have very strong research back ground and many international publications as well as very impressive invitation letters from NZ. I launched my work visa online application just 3 days ago. I have no character problem, I'm wondering if visa refusal is automatically a character issue? No, I don't think it id automatically a issue unless it based on fraud.

    I would appreciate if you answer in a certain depth.
    Last edited by Jane_nri; 22nd May 2016 at 07:06 PM.

  2. #2
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    You are getting upset before you need to, on the basis of a computer-generated response. That form is set up to give the warning to EVERYONE who ticks 'yes', and that 'everyone' will necessarily include a high proportion of people who have been refused visas because of misdemeanours on their part, so they need to be told they may not make it. The computer has not assessed your application. Evaluation of the whole picture will be done by a CO, who will contact you in due course if s/he needs any further explanation of the evidence you have already sent.

  3. #3
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    Thanks for your feedback, my question is, if these kind of refusals matter a lot for NZ? The US visa officer refused my visa just because of lacking the strong ties with China. How can a third country citizen show a strong ties? They already knew that I'm a PhD student here. VO asked questions like, how long have you been here? You live in dormitory? Who pays your fees here? How often do you go back to your country? Finally we can't give you visa on this occasion. They didn't see any document. Decision was 100 % wrong. I hate their system now. I had full sponsorship from my university, a presentation offer in a well reputed conference. Why officers often make random decisions? Now I am upset if NZ CO says that he is not satisfied with my ties with China.
    My another important question is, because of any previous refusals, will I be assessed on character waiver? Why to waive my character? I'm of good character.
    Last edited by Jane_nri; 22nd May 2016 at 07:59 PM.

  4. #4
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    I understand that you are worried, but there is no point in carrying your understandable annoyance against the US official on into your dealings with INZ. If you start out by being hostile and emotional towards them, it will not help.

    You are misunderstanding the term 'character waiver', and how it was used in the pop-up box on that form.

    First, the mention in the box was tripped automatically by your ticking 'yes' to previous visa refusals. And, as I said before, MOST people who have visa refusals have them because they broke regulations or because they have some misdemeanour or crime on their record. Nobody is saying that that is YOUR situation. As soon as a human being looks at your paperwork, they will see that your refusals were only because at that time, one person thought you did not meet the regulations, and there is no blame to you for that.

    Second, 'character waiver' is a shortened expression, meaning something like "an application for the INZ authorities to waive some detail of the regulations that require an applicant to have good character before a visa can be granted". It is a regulation that has to be waived, NOT the character itself. (And certainly not the good character of a blameless person.)

    A person is required to apply for a character waiver only if they have some bad action on their record. Examples are given in the regulations. http://onlineservices.immigration.go...nual/43627.htm

  5. #5
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    Thank you very much for your message, a perfect reply. I will be in touch with you regarding my application. Cheers!

  6. #6
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    Quote Originally Posted by Jane_nri View Post
    Thank you very much for your message, a perfect reply.
    Yes, this is J&M

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