Applying for Special Direction

[lou76c]

Hi, I am an Australian citizen. I have a criminal history for drug related offences. I was given a 5 year sentence in January 2009, over 10 years ago. I have never been in trouble with the law since this date. My brother and his young family live in New Zealand and I am desperately wanting to visit them. Does anyone know if I will be allowed to enter the country at any stage in the future or what the steps are for me to be granted permission? Many thanks, Louise

[JandM]

I think you are right in your assumption that you would need to apply for Special Direction. ChrisMwn, EGoodhue, what would she have to do in order to apply?

[Kelerei]

Under Section 15(1)(a) of the Immigration Act 2009 (with immigration instructions A5.20 and A5.40 corresponding), you will never be eligible for any class of visa or the grant of entry permission, unless you are a person described in Section 17 of the Immigration Act 2009 (with Section 17(1) mentioning special direction).

I do not know the process for obtaining a special direction either (I trawled through the operation manual and couldn't find anything), but as these seem to typically have to go through the Minister of Immigration, you should probably get hold of a good LIA to help you through the process. What I do know is that, given your sentence and the law as it stands, you are permanently barred from entering New Zealand unless special direction is granted.

[lou76c]

Thank you for your help and information

[lou76c]

Hi Kelerei,

So unfortunate and sad that I am barred from entering due to a mistake many years ago In the future (hopefully many, many years to come), in the event of my immediate family who live in New Zealand passing away, do you think there's a chance I could be granted entry to attend a funeral at short notice?
Regards,
Louise

[JandM]

I suggest you ask INZ how to apply for Special Direction. The rules Kelerei has quoted show that you can't be granted entry through normal channels, yes, but special direction CAN be given by a minister, outside that framework.

I'm sorry to say that speed isn't usually a feature of any of these procedures, whatever the circumstances. Even those with families involved in the Christchurch attacks are STILL being dealt with, this long afterwards, and that with the government publicly saying they would be given priority.

[Kelerei]

If this helps (2 months after the last post in this thread), I just found section S2 in the operations manual, which outlines making a request for special direction and the process that INZ will follow. It's under the Residence section so seems primarily aimed at people trying to secure a special direction prior to applying for a Resident Visa, but it might be relevant to people wanting to apply for temporary visas as well.