Hello Dear I am on resident visa holder and i have been charged for careless driving causing injury in court . I need to know will this effect on my permanent visa application in this charge i will be disqualified for 6 months driving
Hello Dear I am on resident visa holder and i have been charged for careless driving causing injury in court . I need to know will this effect on my permanent visa application in this charge i will be disqualified for 6 months driving
Given that you have mentioned applying for permanent residence, I assume that you were granted residence less than two years ago. Even though you are a resident, it appears that if you are convicted of careless driving causing injury, you could potentially be liable for deportation - see s161 of the Immigration Act. You need to find a lawyer - one who can act for you in court to try and get a discharge without conviction, and who understands the potential implications for you in terms of your resident visa.
Section 161. https://legislation.govt.nz/act/publ...tml#DLM1440849
Maximum penalty available for the offence. https://www.legislation.govt.nz/act/...DLM434659.html
Just to add to the above, I've noticed that for people where Section 161 applies, INZ's policy appears to be to always issue a deportation liability notice, and leave any humanitarian issues to be decided by the Tribunal (see the record of Tribunal decisions, drunk drivers in particular seem to be a popular target).
I agree with DownSouth on this one -- lawyer up. A conviction will almost certainly result in a Section 161 deportation (it doesn't matter what sentence you receive, because the maximum penalty applicable for careless driving resulting in injury is 3 months imprisonment, and that maximum penalty means that a conviction will bring Section 161 into play). I should also add that a Section 161 deportation results in a permanent prohibition on returning to New Zealand (see Section 179).
I do remember you posting for help on your SMC application last year, so I know you've been granted residence in the past 2 years -- which means that it's the strict "3 months or more" that will be applied (Section 161(1)(a)).
It’s probably just a common target. I know people who have DUI charges but no one with reckless driving charges.
Good luck to you and hope it wont affect you application. Keep safe always guys
I'm trying to understand what exactly is counted as "careless driving", could n't find a definition of it.
Does it include those critical driving errors ? ( no shoulder checks while changing lanes and hitting other car, not stopping at stop sign? )