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Thread: 2nd SMC residence visa application with careless driving conviction. First application declined due to not declaring it in EOI/ITA

  1. #1
    Join Date
    May 2018
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    Whangarei
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    Default 2nd SMC residence visa application with careless driving conviction. First application declined due to not declaring it in EOI/ITA

    Default
    HI All,

    My timeline is shown below:

    EOI selected 18th April 2018
    ITA issues 24th April 2018
    ITA sent through and came in system on 01/06/2018( Showing Lodgement date as 18/05/2018)
    Wait time starts.

    I would also like to mention that this is my 2nd SMC application. My first application got declined because i had a careless driving conviction which i did not declare in my first EOI & ITA(Genuine mistake as it was a fine of $300 plus $130 court fee). Decided to go to court as police office was booking me for Dangerous driving. Visited court twice and pleaded guilty due to numorous visits in coming future as suggested by duty lawyer.

    Decided not to appeal through IPT & do a new application from scratch. I mentioned about my careless driving conviction in both EOI as well as ITA of this new application. JAndm & all the experts in this forum, please advise on how do you think Immigration will treat my conviction?

  2. #2
    Join Date
    May 2018
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    Whangarei
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    A police officer was giving me a ticket for not maintaining enough distance from the cars in front of me. He told.me that i will get a ticket for dangerous driving in my mail box. I was not at fault and ended up going to court for defending it. After couple of visits i decided to wrap it up as per duty lawyers suggestion. Court dropped it from dangerous driving to careless driving. Never knew that it would come under a conviction.
    Bad luck.

    Very nervous and having sleepless nights

  3. #3
    Join Date
    Oct 2013
    Location
    New Zealand
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    Default

    Quote Originally Posted by rk123 View Post
    Default
    HI All,

    My timeline is shown below:

    EOI selected 18th April 2018
    ITA issues 24th April 2018
    ITA sent through and came in system on 01/06/2018( Showing Lodgement date as 18/05/2018)
    Wait time starts.

    I would also like to mention that this is my 2nd SMC application. My first application got declined because i had a careless driving conviction which i did not declare in my first EOI & ITA(Genuine mistake as it was a fine of $300 plus $130 court fee). Decided to go to court as police office was booking me for Dangerous driving. Visited court twice and pleaded guilty due to numorous visits in coming future as suggested by duty lawyer.

    Decided not to appeal through IPT & do a new application from scratch. I mentioned about my careless driving conviction in both EOI as well as ITA of this new application. JAndm & all the experts in this forum, please advise on how do you think Immigration will treat my conviction?
    The bigger issue will continue you be your providing false and misleading information, by not declaring the matter in your previous application.

  4. #4
    Join Date
    May 2009
    Location
    Blenheim
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    1,620

    Default

    Quote Originally Posted by rk123 View Post
    A police officer was giving me a ticket for not maintaining enough distance from the cars in front of me. He told.me that i will get a ticket for dangerous driving in my mail box. I was not at fault and ended up going to court for defending it. After couple of visits i decided to wrap it up as per duty lawyers suggestion. Court dropped it from dangerous driving to careless driving. Never knew that it would come under a conviction.
    Bad luck.

    Very nervous and having sleepless nights
    Excuse me, just curious- how is it not your fault when you are too close to the car(s) in front of you?

  5. #5
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    May 2018
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    Whangarei
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    Because cars were parked on either side of the road at busy peak period of 5 in the evening. Anyway i accepted it and paid the fine to get rid of the matter.

  6. #6
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

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    You're likely to get a PPI letter for character issues (potentially the driving charge, if the Court had the ability to impose 3 months imprisonment, even if they didn't actually impose this, and the withholding material information). The factors an Immigration Officer will consider with a character waiver are at A5.25.1. Just explain everything clearly and make reference to the points at A5.25.1 and how they apply to you.

  7. #7
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    May 2018
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    Quote Originally Posted by EGoodhue View Post
    You're likely to get a PPI letter for character issues (potentially the driving charge, if the Court had the ability to impose 3 months imprisonment, even if they didn't actually impose this, and the withholding material information). The factors an Immigration Officer will consider with a character waiver are at A5.25.1. Just explain everything clearly and make reference to the points at A5.25.1 and how they apply to you.
    Well they declined my application because i didnot declare it in my application. Their major concern was that i provided misleading information. It was untentional from my part. I only got to know about the conviction when i applied for work to residence visa while my smc was in progress. The case officwr from WTR contacted me and informed me that i have a conviction in NZ police record. I gave her the explanation and she approved my work to residence visa.
    Well whats done is done and cant be undone.

    EGOODHUE PLEASE SUGGEST ME ON HOW WILL IMMIGRATION REACT ON MY PREVIOUS APPLICATION GOT DECLINED DUE TO PROVIDING MISLEADING INFORMATION AND WHAT ARE MY CHANCES THIS TIME?

  8. #8
    Join Date
    Feb 2008
    Posts
    37,834

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    From what others have said about their experiences, EVERY TIME you apply for any visa (for NZ and for any other country), the fact that you were once refused because of fraudulent or misleading information (though this was unintentional) is going to be raised, so you will have to declare the facts, and are likely to have to provide a full explanation, each and every time. You may also be asked to apply for a character waiver.

  9. #9
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    May 2018
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    Whangarei
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    Quote Originally Posted by JandM View Post
    From what others have said about their experiences, EVERY TIME you apply for any visa (for NZ and for any other country), the fact that you were once refused because of fraudulent or misleading information (though this was unintentional) is going to be raised, so you will have to declare the facts, and are likely to have to provide a full explanation, each and every time. You may also be asked to apply for a character waiver.
    Thanks JandM. I am pretty sure that i will be issued PPI and will have to apply for character waiver. Hope it would turn out to be in my favour this time around.

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