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Thread: Applying for residency

  1. #1
    Join Date
    Mar 2017
    Location
    Southland
    Posts
    36

    Default Applying for residency

    I have just received my 2nd 1 year long partnership visa (my partner is a kiwi) my LIA told me my next step would be residency. I have emailed them today to request forms and cost etc, then at the bottom of the email they have said that they would advise I didn’t apply as they thought I would be turned down (now I have a drink driving conviction against me from almost 3 years ago - but have since been granted these 2 visas)

    Should I apply for my residency? If not what would my other option be for visa applications in the future?

  2. #2
    Join Date
    Feb 2016
    Location
    New Zealand
    Posts
    295

    Default

    I really don't understand but LIAS knows better than I do .... the reason why you would be declined i think there's more to this than drinking and driving.

  3. #3
    Join Date
    Mar 2017
    Location
    Southland
    Posts
    36

    Default

    Nope only thing I’ve ever had was 1 drink driving charge as I said I’ve already had 2 temporary partnership visas approved with character waivers given

  4. #4
    Join Date
    Feb 2016
    Location
    New Zealand
    Posts
    295

    Default

    Well , Is better to try and fail than to fail to try. I'm not a Lia like I said but if this is just it and I have been waived twice and issued a visa and since then never had any other case " I'm talking about myself , I'll insist to try " . If declined I'll know why it's being declined and know what's wrong and be aware that you can appeal a residence visa if declined .
    But it's all up to you , Lias knows better you can ask them to give you more light on why they think you might be declined. Good luck bro .

  5. #5
    Join Date
    Apr 2017
    Location
    Christchurch, New Zealand
    Posts
    208

    Default

    Simple: ask your LIA why they feel you would be declined. Nobody can tell you why they feel that way but them.

    But I am betting it has to do with the drink driving charge. INZ is very much more stringent on all criteria for a residence visa, and thus less likely to allow a character waiver.

    As an example, my partner work visa was granted without a police report from Mexico, where I had been living for 2 years prior to coming to NZ. I simply wrote a letter explaining why I could not obtain one, had it certified, and submitted it with my US report. They accepted it no problem. However, when it was time for my partner residence visa, they required calls to the consulate, copies of emails from the principality in Mexico where I had been living, and a few other things before they would finally accept I could not obtain one without taking a trip back to Mexico. They can't make me do that, so they finally waived it.

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

    Default

    As suggested above, I would ask your LIA for more info as to why they don't feel a Residence application would be successful. As an LIA myself, I think it's only fair that a full explanation be given as to why, in my professional opinion, I don't believe an application would stand a good chance of success - you deserve that explanation, to guide you in your other possible options in the future.

    A drink driving conviction would require a character waiver to be applied for, but this does not necessarily mean that an application is guaranteed not to be successful. The character waiver process is quite straightforward and a good case could be made for a relatively minor incident of driving having consumed excessive alcohol.

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