Non-New Zealand citizens applying for visas must meet good character requirements. Applicants with criminal convictions or those who have provided false or misleading information may be denied a visa unless a character waiver is granted.
Good Character Requirements
- Applicants must declare any criminal record or ongoing investigations by law enforcement agencies.
- Civil matters and unproven allegations do not disqualify applicants.
- Each application is assessed individually, considering factors like the seriousness, number, and time since the offences occurred.
Character Waivers
A character waiver may be granted based on the nature of the issue. Factors considered include:
- Severity and number of offences
- How long ago the offences occurred
- Applicant’s circumstances and potential contribution to New Zealand
Special Direction (Section 17, Immigration Act 2009)
A special direction under Section 17 of the Immigration Act 2009 allows exceptions for individuals who would otherwise not qualify for a visa, entry permission, or a visa waiver under Sections 15 or 16 of the Act. These individuals, known as “excluded persons,” include:
- Anyone who has been sentenced to five or more years in prison, regardless of when the sentence was served.
- Anyone who, in the last 10 years, has been sentenced to at least 12 months in prison.
- Individuals who have been deported or removed from New Zealand are under a prohibition period.
- Anyone excluded from New Zealand by any law.
- Individuals who have been removed, excluded, or deported from any other country.
- Anyone the Minister of Immigration believes is, or could be, a threat to national security, public safety, or public order.
- The minister believes that individuals may commit crimes in New Zealand that could result in imprisonment.
- Members of terrorist groups as identified by the Terrorism Suppression Act 2002.
A special direction may allow such individuals to enter New Zealand, and the decision is made by the Minister of Immigration or delegated authorities.
Issues That May Lead to Visa Denial
Your visa application may be denied if you:
- Have been convicted of serious crimes, such as violent or drug-related offences
- Have provided false or misleading information in previous visa applications
- Have been involved in activities that could pose a risk to New Zealand’s security, public order, or public interest
Requesting a Special Direction or Character Waiver
Applicants with character issues can request a special direction. To do so, they must:
- Provide a detailed explanation of their criminal history or character issues
- Explain why they are seeking a waiver or special direction
Other Character Issues
You may be denied a visa if you have been involved in activities such as:
- Racist statements or actions
- Providing false information in visa applications
- Being part of organizations with hostile principles against certain groups based on race, ethnicity, or nationality
Conclusion
Applicants must fully disclose any character issues when applying for a visa. Immigration New Zealand assesses each case individually, and in exceptional circumstances, applicants can seek a character waiver or special direction.
Reference: https://www.immigration.govt.nz/
