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Thread: Character waiver drink and drive work visa

  1. #1
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    20

    Default Character waiver drink and drive work visa

    Hi there....This is my first post here.
    I start from the beginning:
    I have been in Nz for more than 2 years now with a work visa as a skilled worker (metal fabricator).
    in December 2014 i have been convicted for a drink and drive offense ( i have blew 651(the lower range was from 400 to 650) and the limit was 400 at the time) and i paid a 600 dollars fine ( plus court expenses) and faced a 6 months disqualification .
    In October 2016 my visa will expire. 2 months ago i have applied for a work visa based on partnership ( i have got married to a resident in 2015) and i have declared everything in my application. 1 month later the officer contacted me telling me to give a detailed explanation about my drink and drive conviction and that they were going to ask for a police certificate (NZ) and then apply or anyway go trough a character waiver.
    They say there where happy of the evidences i gave to prove my relationship and we were just waiting for police certificate to check.
    Now a month later i have received a letter from my officer in the letter she was telling what i already knew quote from letter
    We therefore invite you to make any additional comments or provide any further information to help us decide if your circumstances justify waiving the temporary entry character requirement. Please note that you should also provide evidence to support any comments you make, where applicable.
    The explanation letter i have sent was also a letter in which i have explained that was the first mistake of my life, that i was sorry and i love my wife and new zealand and won t happen again. i have also sent a character letter from my employer .
    My officer at the phone made me almost understand i gave enough information , that i have been honest and just to wait for a decision.
    Now, reading the letter further down i have noticed something is keeping me awake and i really don t know what to to more.....
    I quote from the latter...
    What happens if you do not send any comments or additional information?
    If you do not send any comments or information by the date requested above we will make a decision on your application based on the information you have already given us. We are unlikely to approve your application based on this information.

    Are they talking about the information previously given or about the one i would give?
    what other information can i send to support my waiver. I have less than a week and the stress id literally killing me...... thx in advance.

  2. #2
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    The letter that you have received is a templated one and one which the case officer is obliged to send you, to ensure that you are aware that there is a character issue and to invite you to present submissions as to why a character waiver should be granted.

    While you have already provided a lot of information, you could write back saying, that you have provided all the information that you can and have nothing further to add, or you could specifically address the points below, which is what the case officer will actually consider in making her character waiver decision.

    An immigration officer must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify waiving the good character requirement. The circumstances include but are not limited to the following factors as appropriate:
    if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine);
    whether there is more than one offence;
    if applicable, the significance of the false, misleading or forged information provided, or information withheld, and whether the applicant is able to supply a reasonable and credible explanation or other evidence indicating that in supplying or withholding such information they did not intend to deceive INZ;
    how long ago the relevant event occurred;
    whether the applicant has any immediate family lawfully and permanently in New Zealand;
    whether the applicant has some strong emotional or physical tie to New Zealand;
    whether the applicant's potential contribution to New Zealand will be significant.



    its good to note whether each of the factors (as per your explanation), support, negate, or are neutral towards the grant of a character waiver.

  3. #3
    Join Date
    Sep 2016
    Location
    newzealamd
    Posts
    11

    Default

    I applied for work visa under partnership too on 14 june 2016
    My partner is nz citizen
    Before they was waiting for my medical and nz police report
    I am convicted with drink and drive nearly 2 years back that was 457
    I got fine and 6 months disqualify of driving
    I had an interview too on 4th of August
    On August 24 visa officer email my advisor that is have convicted with drink and drive with that much fine and bla bla
    They said they have made decision at this stage and want me comment on situation to get a character waiver
    I provide letter on 31 August
    I didn't hear anything yet

  4. #4
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    20

    Default

    they told me that from monday the decision will take 5 working days. thanks for the answers

  5. #5
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    20

    Default

    thx.

  6. #6
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    14

    Default

    Hoping for a positive outcome.
    I feel you, I know the feeling but nothing much We can do about it now but put it this way lesson learned the hard way and you will carry this teaching till the very end which in a way can bring you good as you always think of the outcome and consequence of every step you make now.

  7. #7
    Join Date
    Sep 2016
    Location
    New Zeland
    Posts
    33

    Default

    Hi Thomasmost

    Have you got reply from CO?

  8. #8
    Join Date
    Dec 2016
    Location
    New Zealand
    Posts
    5

    Default

    i feel you guys, I just got caught 2 nights ago and now I'm already really worried and panic about my residency application next year. next year when I about to apply skill migrants residency this will be what I face, it will be stressful even today I'm already stressed out cos of a stupid decision and mistake. at least we got caught but didn't cause any damage, this is a good way to think and gotta be thankful to the police to be honest.

    please let me know how you guys go thru as next year I can take some reference experience.

    all the best!

  9. #9
    Join Date
    Aug 2016
    Location
    New Zealand
    Posts
    106

    Default

    Hi Meng901015,
    Sorry to hear about that.Were you stopped by the police randomly or it was a police checkpoint?

  10. #10
    Join Date
    Jul 2017
    Location
    New Zealand
    Posts
    5

    Default

    Is there any update about this thread?

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