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    UNDERSTANDING CHARACTER REQUIREMENTS AND CHARACTER WAIVER REQUEST – IMMIGRATION NEW ZEALAND

    Character is one of the most critical assessment criteria that anyone applying for a New Zealand visa or entry permission must meet. Essentially what it means is that the applicant must be of good character, not pose a security risk and not threaten New Zealand’s international reputation.

    People with serious character issues can’t be granted any visa or entry permission, except in very special circumstances.

    Character check is carried out on everyone who is 17 years or over included in the residence visa or applying for a temporary visa with an intention to stay in NZ for two years or more.

    For character checks, an applicant must provide a Police Clearance Certificate (PCC) from the country of citizenship and any country where he/she has lived for more than five years since turning 17 years of age. It is important to note that a police certificate must be less than six months old when lodging an application.

    Two criteria generally guide the character requirement:

    • Applicants who will NOT be issued with a temporary or residence class visa unless a Special Direction is granted; and

    • Applicants who will NOT normally be issued with a temporary or residence class visa unless a Character Waiver is granted by the visa officer processing their visa.

    Not issued temporary or residence class visa unless special direction granted

    An applicant will not be granted a visa if

    • there has been a conviction on an offense for which the applicant was sentenced to imprisonment of five years or more; or

    • there has been a conviction in the last ten years on an offense for which the applicant was sentenced to imprisonment of 12 months or longer; or

    • the applicant is prohibited from entering New Zealand; or

    • the applicant has been removed, deported, or excluded from New Zealand; or

    • has ever been removed, excluded, or deported from any country.

    The applicant will also not be granted a visa if the Immigration officer has reason to believe that:

    • the applicant is likely to commit an offense in New Zealand that is punishable by imprisonment, or

    • is likely to be a risk to the security or a threat to public order or public interest.

    These are considered serious character concerns, making an applicant ineligible to be granted a visa unless granted a Special Direction.

    Not issued temporary or residence class visa unless character waiver is granted

    Character issues for which an applicant may require a character waiver are:

    • if the applicant has ever made or provided false or misleading information, or withheld material information, or provided forged documents when applying for a New Zealand visa or supporting another person’s NZ visa application.

    • if the applicant has ever got convicted of an offense against immigration, citizenship, or passport laws in any country.

    • while holding a temporary New Zealand visa or while unlawfully in New Zealand, the applicant has been convicted of an offense for which the court has the power to imprison you for three months or longer.

    • if the applicant has been charged with a serious offense, is under investigation for a serious offense, or is wanted for questioning on a serious offense.

    Suppose you do not meet any of the above criteria. In charged with a serious offense that case, you should provide a full explanation about the character issue, with supporting evidence when you apply for a New Zealand visa.

    The Immigration officer will use this information to consider a Character Waiver or grant a Special Direction based on the seriousness of the character concern.

    Please feel free to get in touch with us if you have any questions about the character requirement or want any assistance, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

     

     

    Accredited Employer Work Visa (AEWV) Introduced: Road Map Ready

    The first step toward change is awareness. The second step is acceptance. It’s time to say ‘Hello’ and accept the new Accredited Employer Work Visa (AEWV) introduced by New Zealand Government.

    This new visa type called AEWV will be introduced on 1 November 2021 and will replace 6 of the existing temporary work visa categories.

    So, let us begin by explaining what exactly is exciting about this new Temporary Work Visa System? It includes a simple 3-ways check visa application system. Therefore, no need to get puzzled up with the old and new rules till another amendment comes into effect. Take a sneak peek to avoid confusion.

    This is an employer-led system, which simplifies the application process and makes it easier for businesses and regions to fill genuine skills shortages.

    Let’s understand the employer-led new 3-check visa process.

    Check 1 – Employers Check

    Accreditation has become mandatory for all employers before they hire any migrant.

    The accreditation levels are:

    • standard accreditation — for employers who want to have up to 5 migrant workers on AEWVs at any one-time
    • high-volume accreditation — for employers who want to have 6 or more migrant workers on AEWVs at any one time.

    Franchisees and employers wanting to place migrants on AEWVs with third parties (including labour-hire companies) will need to meet additional criteria to get accredited.

    Check 2 – Job Check

    This check will also confirm the job pays the market rate, the terms and conditions comply with NZ employment laws, and the employer has a labour market test to ensure there are no New Zealanders available to do the job that they want to fill.

    Check 3 – Migration Worker Check

    This is the last step in the AEWVs process. In this check, the migrant worker must show they meet INZ’s character, identity and health requirements, and meet the skills and experience stipulated as part of the employer’s job check application. If they meet all the requirements, they will be granted a visa to work in New Zealand.

    An All-Time Opportunity For Better worker protection

    This latest move will prove to be an important step to combat migrant exploitation by strengthening requirements on employers.  The changes are also necessary for encouraging employers to focus on ways to train and up-skill New Zealanders.

    The system will reduce New Zealand’s dependency on lower-paid temporary workers, and can address productivity, skills and infrastructure challenges altogether. This will also increase the skill levels of migrants.

    Important Dates One Need To Know

    30 June 2021 is the last date to apply for Accreditation under the current voluntary accreditation scheme.

    September 2021 is the month to apply for the new Accreditation.

    Till 31 October, one can submit one of the visa types that is going to be changed/replaced.

    1 November 2021 the wait period will be over as the new AEWV policy will become effective and be active for both employer and migrants.

    If you want to know more about the new Accredited Employer Work Visa or if you have any queries, please contact us. Our team of experienced Licenced Immigration Advisers  is here to assist you with all your immigration-related queries and confusions, please contact us by sending an email at contact@nzimmigration.info or call us on +64 09 3790219

    Family Reunification: Critical Purpose Visitor Visa

    This immigration policy update related to new border exceptions will enable many families to reunite after months of separation. The New Zealand borders are currently closed to most travelers unless they enter New Zealand from a Quarantine-Free Travel Zone or hold a Critical Purpose Visitor Visa (CPVV).

    Changes have now been made to immigration instructions for a new border exception. This exception will reunite partners and dependent children with temporary visa holders in New Zealand.

    As per these changes, The Minister of Immigration has expanded the CPVV category to include three categories (mentioned below). Applicants who fall under these categories may now be eligible for a CPVV provided they meet the eligibility requirement and are still in a genuine and stable relationship with their New Zealand partner.

    1. Partners and dependent children who hold a current visa based on their relationship to the person in New Zealand or have held a valid visa on 19 March 2020 but it has now expired because they were unable to enter New Zealand by the arrival date listed on their visa.
    2. Partners and dependent children of workers employed in critical health services.
    3. Partners and dependent children of highly skilled workers.

    For detailed information on the eligibility criteria for the categories mentioned above, please visit our INZ Update dated 19 April 2021.

    It is important to note that Immigration New Zealand is still keeping the CPVV alternative closed for the partner and dependent children of the Open Work Visa holders who may have occupations or critical health jobs. The prerequisite for CPVV at this time is that the visa should reflect that you are working in an occupation in critical health services.

    If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

    Current Partnership-Based Visa Instruction for The Partners of New Zealand Citizens and Residents When The Borders are Closed

    New Zealand border restrictions have kept many souls apart and this is a grim situation for the couples. But the situation is getting better for the couples staying miles apart because New Zealand borders are re-opened to those who are planning to reunite with their offshore partners. Hence, a celebratory moment for the ones who are living away from their families.

    Eligibility Criteria

    Immigration New Zealand instruction states that you may be eligible for the partnership-based visa if

    • your New Zealand partner is eligible to support your application; and
    • you and your partner are living together in a genuine and stable relationship; and
    • your partnership meets the Immigration NZ’s minimum requirement for the recognition of partnership; and
    health and character requirements are met.

    Partnership- based Visa categories

    Culturally Arrange marriage – Temporary visitor visa

    This category is for those who have married overseas to a New Zealand citizen or resident but were not able to live together after marriage due to work commitments. You must apply under this category within 3 months from the date of your wedding. To be eligible for this visa you must be able to demonstrate that the marriage follows an identified & recognized cultural tradition. You are also required to provide verifiable documentary evidence to show that you have a genuine intent to live together in a stable relationship.

    Partner of New Zealander – Temporary Visitor or work visa

    This requires you and your New Zealander partner to be living together in a genuine and stable relationship. You are required to provide verifiable documentary evidence to show that you meet the living together requirement. Based on the duration of your relationship/living together, you would be eligible for a visitor or work visa.

    Partner of New Zealander – Resident Visa (Onshore and offshore applicants)

    This requires you and your New Zealand partner to be living together in a genuine and stable relationship for at least twelve months at the time of lodgement of your application. You are required to provide documentary evidence for a minimum of 12 months to show that you meet the living together requirement.

    Critical Purpose Visitor Visa (Border exemption) Offshore applicants

    As per the criteria, citizens of ‘visa waiver’ countries are mandated to meet few policies, including living together in genuine and stable relationship criteria. For the ‘non-visa waiver’ countries the applicants should be ordinarily resident in New Zealand or traveling with their New Zealand partners.

    Common Factors considered by Immigration Officers

    ● Genuineness of the relationship
    ● Duration and stability of the relationship
    ● Financial dependence/interdependence
    ● Future commitment towards the relationship
    ● Children together and their care-taking arrangements
    ● Public recognition of the relationship
    ● Intentions for entering into the relationship
    ● Commitment to a shared life

    The most common reason for not receiving a partnership visa

    • INZ is not satisfied that you are in a genuine and stable relationship with a New Zealand citizen/resident.
    • There are outstanding Bona fides/Character issues/Health issues.

    These situations demand a well-skilled and informed expert who can assure your visa approval and this calls for experts’ assistance. Our team of experienced licensed immigration advisers is here to assist you with all your immigration-related queries and confusions, please contact Immigration Advisers New Zealand Ltd by sending an email at contact@nzimmigration.info or call us on +64 09 3790219