Drunk Driving (Already PR)

[nzpr2018]

Hi,
I have a drink driving issue. I have completed four years in NZ and already have my PR.

Recently I was changed with:
1. Careless driving : carless driving charge was dropped by the prosecution.
2. Drink driving : sentenced for drink driving. 6 months disqualification. no court fine for good character.

My query is:
1. Can I be issued deportation notice on PR?
2. Can I be declined citizenship?
3. What are the possible outcome.

I have my family here and my child is NZ citizen and we are expecting our second baby soon.

Additional Details-
RV : Approved December 2013. Arrived in NZ Feb 2014
PR : Stamped July 2016
Citizenship Due : November 2018
Work : IT Long term skill shortage

[JandM]

I can't immediately find any regulations to give you a link to. However, I THINK you as a PR visa holder aren't liable to be deported for this.

There is a good character requirement for citizenship, and I have heard of applicants being made to wait till five years have passed after they committed an offence, with no further offence committeed in the meantime, so yours is likely to be delayed.

[nzpr2018]

Thanks a lot @JandM for the reply.
I am not able to find any details my self.

Do you think I sould contact a Immigration Lawyer?

Should I call immigration and inform/update about my situation?

[jawnbc]

http://legislation.govt.nz/act/publi...tion_25_se&p=1

161Deportation liability of residence class visa holder convicted of criminal offence

(1)

A residence class visa holder is liable for deportation if he or she is 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; or

(d)

of an offence against section 350(1)(a) or 351, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force.

[ChrisMwn]

Thanks a lot @JandM for the reply.
I am not able to find any details my self.

Do you think I sould contact a Immigration Lawyer?

Should I call immigration and inform/update about my situation?

as per jawnbc quote below, this is no longer a concern of INZ. Do not contact them.

There may be questions when it comes to a Citizenship application but nothing that will affect your PR status.

[nzpr2018]

Thanks a lot @ChrisMwn.
It is a big relief for me and my family. Although I might have problems with getting my Citizenship.

Is there any regulation page where I can find information about the Citizenship? I have some time in hand to prepare my self till october.

[Dave in NZ]

This may help. The 2nd link is a pdf of the application form but provides very useful info
https://www.govt.nz/browse/nz-passports-and-citizenship/getting-nz-citizenship/


https://www.govt.nz/assets/Documents/Citizenship/application-for-nz-citizenship-adult.pdf

[nzpr2018]

There is a good character requirement for citizenship, and I have heard of applicants being made to wait till five years have passed after they committed an offence, with no further offence committeed in the meantime, so yours is likely to be delayed.

Thank you everyone for helping me to get the information and clarification.

Actually I was specifically looking for the requirement that @JandM mentioned. Is this case to case basis? Is there anything that I can do to make my case strong etc...

[nzpr2018]

Hi @JandM @ChrisMwn
I found this law under citizenship act where section 9a says in proceeding 3 year if there is any conviction - C:

Disqualifying convictions
(1)Except as provided in subsection (2), the Minister must not authorise a grant of citizenship under section 8 or section 9 to a person who has been convicted of an offence if—
(a)the person was sentenced on conviction to—
(i)a term of imprisonment of 5 years or more; or
(ii)an indefinite term of imprisonment capable of running for 5 years or more; or
(b)within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1 of the Parole Act 2002; or
(c)within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.
(2)The Minister may however authorise a grant of citizenship to a person to whom subsection (1) applies and who otherwise meets the requirements of section 8 or section 9 if satisfied that there are exceptional circumstances relating to the conviction such that a grant of citizenship should not be precluded.
(3)Nothing in this section limits the Minister's discretion to refuse a grant of citizenship if the Minister is not satisfied that the applicant is of good character.
Section 9A: inserted, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005 No 43).

Does this mean I can not apply for 3 years.

[JandM]

I think that is correct. If you want someone to go over the details with you, I suggest you should contact the NZ Citizens' Advice Bureau http://www.cab.org.nz/Pages/home.aspx, or the Citizenship Contacts. https://www.govt.nz/organisations/de...t-information/