Originally Posted by
helpplease
Since my previous application for conversion of RV to PRV, i guess INZ visa auckland branch has transferred my case to INZ resolutions wellington branch internally, i have been contacted via email by a INZ resolution team analyst for Cancellation of my deportation laibility and explaining about the process, the condition they placed during my suspension period and finally a signed declaration form in front of justice of peace.
INZ resolution gave me enough time to submit that declaration, which i did in few hours and scan it and send back to them via email.
The analyst working on my case responded very next day by saying she has forwarded by declaration along with my case paper to the relevant team ( i guess to senior member who is a deligated authority as not all the minor case goes to immigration minister for the review) and she will update me whenever she heard back anything further on my case.
Well, that seems to be good news -- sounds like things are moving.
INZ does have an internal branch that deals with compliance issues (I've seen references to it in various places in the operational manual), so no surprises that your case was transferred there. (EDIT: Found a reference in
D2.5.1.) It seems to me, though, that the Minister of Immigration will make the ultimate decision:
D2.35.1(f) states "the decision to cancel or suspend a person's liability for deportation is in the absolute discretion of the Minister", so there may well be a wait yet. However, if you are proven to have met your suspension conditions, the Minister
must cancel your liability for deportation: see
D2.35.10(b) and
Section 174 of the Immigration Act 2009.
Originally Posted by
helpplease
In the meantime i have wrote an email to department of internal affairs and calrified the doubt regarding my conviction and not meeting the character requirement. I got the psoitive response from DIA that my convcition which is older then 3 yrs does not disqualifies me in applying for citizenship, only thing i need to do is to supply a letter explaining about the detail of my conviction, type, what leads me to commit that etc.
I was expecting that you would receive a response along those lines. You are no longer disqualified outright for a grant of citizenship (
Section 9A of the Citizenship Act 1977), but you must still pass the good character test, and may still have your application for citizenship declined if you are deemed to not be of good character. Take a look at the "good character" section of the citizenship guidance document that I linked previously, if you haven't already; this may help you further prepare evidence for your formal submission.
Here's the relevant section detailing the Department of Internal Affairs' procedure for good character that applies to people who were convicted of an offence but did not receive a sentence of imprisonment:
If a person has been convicted of a crime but were not sentenced to a term of imprisonment, they are disqualified from applying for a grant of citizenship until 3 years have passed from the date of conviction.
Applicants are still required to meet the good character test and may be asked to provide information about their character.
If the Department is satisfied, that taking into account that information the applicant provided, that they clearly meet the good character test, the application may be included on a schedule.
(Mentioned elsewhere in the guidance document: if DIA is not satisfied, taking into account the information you provide, that you clearly meet the good character test, your application will be presented to the Minister of Internal Affairs in a submission.)
Originally Posted by
helpplease
My plan is to apply for the converstion of RV to PRV first once my DLN get cancelled by INZ and than go for citizenship.
You're perfectly entitled to apply for a grant of citizenship without holding a Permanent Resident Visa, if you meet all six criteria for a grant of citizenship I mentioned previously -- though, there's also nothing wrong with applying for a Permanent Resident Visa first if you so choose, and I imagine you're seeing it as security and a fall-back if your application for a grant of citizenship is declined.