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Thread: character waver letter

  1. #1
    Join Date
    Apr 2017
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    Nz
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    Default character waver letter

    i had lodge an application in for new zealand residency visa under partnership and it came out unseccefuly due to 2 criminal cases that i had in new zealand back in to 2009. both cases are male assulting female with my ex wife. now that immigration has sent me a letter to invite me to provide comments and to request a character waver and asking to provide as many supporting letters as i can in support of the character waver.
    could i please get help of what i should include in my letter and the support letters of others

    anyone who had the same case did they success or not?
    Last edited by Ml82209; 24th April 2017 at 06:16 PM. Reason: adding more information

  2. #2
    Join Date
    Feb 2008
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    35,991

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    When applying for a character waiver, you need to write a letter explaining the situation surrounding the offence(s), accepting full responsibility for whatever you did. You need to explain how your life has changed since that time, and how you now see things differently and realize how you were in the wrong. If there are things you now do that are for the public good, you can mention them. Then you need to find as many people as you can who know you personally, and are people of good standing in your community, who are prepared to give you a character reference.

  3. #3
    Join Date
    Jun 2017
    Location
    New Zealand
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    Hi JandM, I have a partnership-based work visa and my wife has just lodged our EOI for RV. Unfortunately, I was charged with DUI and summoned to appear in court this month. If convicted, will it affect her application or will it just be me?

  4. #4
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    Feb 2008
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    A5.25 h https://onlineservices.immigration.g...nual/35058.htm tells you that a person convicted of DUI won't be eligible for Residence unless granted a character waiver. This means that your wife's application will be held up while your application for a character waiver is considered, since you are part of her application. If your application for a character waiver is refused, she will be given the option of removing you from the application so that her case can go forward, and she can get Residence.

    In theory, if she is granted Residence, she can then sponsor you for another partner-sponsored work visa, but there will continue to be the issue of applying for a character waiver for that, too.

    And there are more implications of this situation. I think you need to read this WHOLE thread https://www.enz.org/forum/showthread.php?t=49413 very carefully. It was started by someone who was a Resident in his own right, worried about the implications of a DUI for applying for PR (and the character requirements are the same for that), but then the discussion goes on, with ChrisMwn, who is an LIA, explaining about certain offenders being notified that they will be deported.

  5. #5
    Join Date
    Jun 2017
    Location
    New Zealand
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    If this guy can stay, you certainly can.

    But first, try for discharge without conviction. Otherwise get a immigration lawyer, do a alcohol rehab course or something, hope you dont get a bad immigration officer handling your case and you should be Okay. And dont do it again. ;-)

    http://www.radionz.co.nz/news/nation...-to-stay-in-nz

  6. #6
    Join Date
    Jun 2017
    Location
    New Zealand
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    Thanks for the response JandM. I have talked to several experts and they did talk about the character waiver as the major blocker to my wife's application. I will definitely seek their help once we lodge our application, at this stage we're still hoping to get the ITA.

  7. #7
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    Jun 2017
    Location
    New Zealand
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    Quote Originally Posted by Aidan1988 View Post
    If this guy can stay, you certainly can.

    But first, try for discharge without conviction. Otherwise get a immigration lawyer, do a alcohol rehab course or something, hope you dont get a bad immigration officer handling your case and you should be Okay. And dont do it again. ;-)

    http://www.radionz.co.nz/news/nation...-to-stay-in-nz

    Thanks for the kind words mate, it was a selfish and careless decision and action on my part so I have to own up to it. I have talked to two different lawyers and both confirmed that it's really difficult to get a discharge unless it will have an earth-shattering and life-changing consequences. Possible impact on a pending immigration application isn't really a strong argument unless deportation is certain. Beside, it's an expensive process so it's not really a practical option for me at this point. If my employer says they will terminate my employment if convicted, it could probably change my mind and consider taking my chances.

    I rarely drink so it was really a tough luck being at the right place and at the right time.

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