Citizenship by grant

[helpplease]

Hi,

I will be completing 5 years as an oridnary NZ resident in June 2020

I have checked my eligibility on DIA website :

https://www.govt.nz/browse/passports...ship-tool/#1-0

And it says i'm may be eligible to apply as i met all their condition but i have some questions.

1. I got my residence in June 2015 and after one year of getting the residence i got convicted for drink driving in May 2016. Which means my citizenship application will undergo character requirement check.

DIA website says to meet character requirement for citizenship, there should be no conviction recorded anywhere whether in NZ or my home country in the last 3 years, which i'm meeting currently as my first and last conviction was more then 3 years ago.

My current situation is i'm still an ordinary residence with extended travel condition until dec 2021, i have applied for to convert my RV into PRV two times but both the times the application was downgraded to RTV ( residence travel visa) becuase when i applied for PRV last time they issued me deportation liability notice (DLN) and then suspended it for 2 years. My suspension period finished last month dec 2019, now i'm waiting for INZ to offically notifying me for the cancellation of my DLN only then i will be eligible for PRV.

2. Since i already got RTV valid until dec 2021 and also i will be completing 5 yrs in June 2020 which is within the timeframe on which my RTV runs out, i would like to apply for citizenship rather then applying for PRV.

I need advice on when to apply for citizenship.

My brief timeline as follows:

Nov 2014 - Arrived in Nz with Work to resdence visa

April 2015- Applied for residency in SMC

June 2015- Got Residence Visa as Primary applicant

May 2016- Convicted for first DUI

June 2017- Applied for PRV

Sep 2017- Got Residence Travel Visa for 1 year and issued deportation liability notice (DLN) and INZ resolution team sent questionairre

Oct 2017- Questionnaire submitted to INZ resolution team

Dec 2017- INZ supended DLN for 2 years

Nov 2019 - Applied for PRV, INZ notified that DLN still in suspension period and wait for senior INZ official or immigration minister to officially cancel it, gave further RTV valid until 2021

Dec 2019- Suspension period lapsed

Jan 2020 and still - Waiting for official notification from INZ

June 2020- Completing 5 years as ordinary residence

[Kelerei]

My current situation is i'm still an ordinary residence with extended travel condition until dec 2021, i have applied for to convert my RV into PRV two times but both the times the application was downgraded to RTV ( residence travel visa) becuase when i applied for PRV last time they issued me deportation liability notice (DLN) and then suspended it for 2 years. My suspension period finished last month dec 2019, now i'm waiting for INZ to offically notifying me for the cancellation of my DLN only then i will be eligible for PRV.

This part is the deal-breaker. While you are liable for deportation, you cannot be granted citizenship: refer to Section 169(4) of the Immigration Act 2009.

As your deportation liability was suspended, you would have had to comply with any conditions stated in the suspension notice, imposed under Section 172(2). If you have done so, you must notify INZ that you have met these conditions and provide proof thereof (I presume the suspension letter would have details on this procedure, as I can't find any information anywhere on this). A decision will be made by the Minister of Immigration: if the decision is in your favour, only then will your deportation liability be cancelled (under Section 174(2)). Also see D2.35 in the ops manual.

If you have not complied with the conditions of suspension, your deportation liability will likely be reactivated under Section 172(3).

Only once your deportation liability is cancelled may you apply for the grant of New Zealand Citizenship, if you meet the six requirements (entitlement to reside indefinitely, presence, character, understanding of responsibilities and privilege, English, and intention to continue to reside in New Zealand). Take note, however, that due to your criminal conviction, you may not be automatically assessed as being of good character, and if this happens, your application for the grant of New Zealand citizenship will be presented to the Minister of Internal Affairs as an individual submission, who will then decide directly on your case. As per the guidance document issued to citizenship case officers, it will be in your best interest to provide evidence of steps you have taken to address what happened, and to stop it happening again. The Citizenship Office advises people who do not clearly meet one of the six requirements (you may not clearly meet the character requirement) to contact them to discuss their situation prior to applying. (Note that even though you have served your citizenship disqualification period, you are still required to meet the good character test and may be asked to provide information about your character.)

[helpplease]

Hi kelerei,
Thanks for your reply and sharing very useful links.

This DLN process is very confusing indeed, even when i asked the INZ case officer about it, she didnt had a clue what happens next but she came back to me after consulting with her senior and told me that the suspension process will happen automatically and i dont have to do anything and wait for an official email or letter they will send to the contact which i shared previously.

Re the conditions on my DLN cancellation.

INZ imposed one condition for my good behaviour, they told me that in the next two years
1. I should not commit any other offence of similar kind in NZ or in my home country.

After that someone in INZ or minister of immigration will re-visit at the time when i apply for my PRV and look into my case to cancel DLN or re-activate it.

The proofs i submitted last time was
1. Police clearance certiificate from my home country.
2. INZ as their standard process asked for NZ police certificate themselve.

I have met the condition of good behaviour bond to cancel my DLN.

Only things that im worried about is the timing of DLN cancellation, when they will send me a letter and whom i need to contact to clarify mh doubts as there is a completly different team called INZ resolutions team which look after DLN matter, i can understand the level of bureaucracy within INZ ( a goverment organization) when they deal within internal teams as i myself work in a public sector company and see these things on a daily basis.

I believe best thing for me is to wait and watch until june 2020, if i hear nothing by then i will then call department of internal affairs (DIA) to discuss my eligibilty.

Thanks again for your help.

[helpplease]

Just wanted to update on the progress, this might help someone who may be in similar boat, the entire process of deportation laibility notice (dln) serving, suspension and cancellation is very systematic but i must say very time consuming.

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.

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.

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.

Hope these post can help someone.

All the every best to everyone.

[Kelerei]

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.

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.)

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.