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Thread: Talent (Accredited Employer) Residence Visa - Character Waiver

  1. #1
    Join Date
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    Default Talent (Accredited Employer) Residence Visa - Character Waiver

    Hi all,

    Looking for some advice, so if anyone can help it will be highly appreciated. I submitted my Residence application on the 16th of July 2019 and I received an email from my case officer on Saturday 10th of August asking for more information. She sent me a letter stating that I require a character waiver because I had a DUI oversees in January 2010. This was my first and only offence in any country. I gave her a call and she said that I need to send her an original statement detailing the series of events etc. I have now sent this to her... The question I have is: 1. Is this something to be worried about? 2. Do they have any grounds on which the cannot waive the requirement? She will be off work until early September and she told me she will try her best to award the decision in the first week of Sept. I have not slept or eaten for two days...

    Please help with any advice!!

  2. #2
    Join Date
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    Look at the beginning of this old thread. https://www.enz.org/forum/showthread.php?t=50450

    Also, see the regulations. https://www.immigration.govt.nz/opsmanual/#43627.htm INZ do take this seriously, as in some circumstances in NZ, a DUI could mean a prison sentence. It is good that this incident was already more than five years ago.

  3. #3
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    Hi JandM

    Thanks for the reply and the info provided. I have taken a look at the links and just want to confirm that I am applying for a Residence Visa and not a temporary Visa. I guess I'm trying to find out if a Character Waiver is a standard process and gets awarded in most cases or is it something that is out of the norm and only awarded in very special cases. Trying to figure out what the likelihood is of me getting it. Everything else in my application is perfectly inline with the requirements. My case officer also just asked for a statement detailing the circumstances around the series of event, she did not ask for Character references so I did not send this.

    Thanks again for your feedback

    C

  4. #4
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    Okay, here https://www.immigration.govt.nz/opsmanual/#35058.htm are the rules set down regarding character for residence visas. It's similar, but more demanding.

    There is no one-size-fits-all about character waivers. Each case is considered individually - what the person did, the circumstances in which they came to behave that way, their attitude to what they did, and how they have acted since. See A5.25.1 at that link.

  5. #5
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    Thanks JandM,

    I guess I will have to wait and see what happens. I have given them everything that they have asked for so its out of my hands at this stage. I would be very surprised though if I don't get the waiver, as it seems that many other people have obtained it with, what I would call, worse situations.

    I will update this thread with any developments for future reference.

    Thanks again

    C

  6. #6
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    From my understanding a character waiver can only be done by a licensed immigration advisor. You might need to look into that CalR

  7. #7
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    Thanks Vax,

    May I ask where you found that information so that I can look into it? My CO did not say that to me so I just responded to her on what she asked for.

  8. #8
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    Excuse me - it's not the case that one has to have an LIA to apply for a character waiver. People on the forum have done it themselves often over the years.

    Good luck, CalR.

  9. #9
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    Thank you JandM. Will keep you posted..

  10. #10
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    Quote Originally Posted by CalR View Post
    Thanks Vax,

    May I ask where you found that information so that I can look into it? My CO did not say that to me so I just responded to her on what she asked for.
    My LIA told me, we had to get a character waiver and she said only they may apply for one, and that was for work visa, when we did residency we got a new advisor and the same thing was said by advisor, that you only a LIA can submit a character waiver on your behalf

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