We have handled some situations recently where a client has come to us facing the decline of their Permanent Residence application due to a character problem.
Can my Permanent Residence application be declined due to a character problem?
The answer is yes. The same Immigration Instructions relating to character apply to both applications for Residence and Permanent Residence Visas.
1. The difference between a Residence Visa and a Permanent Residence Visa
First, remember that there is a difference between a Residence Visa and a Permanent Residence Visa.
A Residence Visa usually has conditions which allow travel in and out of New Zealand up to a certain date. A Permanent Residence Visa allows travel in and out of New Zealand indefinitely. A Residence Visa comes first, an application for Permanent Residence is usually filed once a person has held Residence for at least 2 years.
2. Character waiver and Permanent Residence applications
We have handled some situations recently where a client has had a character problem fully and successfully addressed at the Residence stage, only for Immigration New Zealand to raise the same character problem again and expecting full submissions on the issue when the client applies for Permanent Residence. This is time consuming for us and a financial burden for the client.
In the specific situations we have handled, we point out to an Immigration Manager or Technical Adviser that the issue has been fully and successfully addressed previously at the Residence stage. However, the response has been that the problem must be addressed again when applying for Permanent Residence.
Therefore, the possibility of the same character problems being raised by INZ repeated times is something that needs to be kept in mind. We understand that situations can vary, but the lesson is that character problems certainly do make it more difficult for a Visa of any type to be approved.
A character waiver is usually what needs to be asked for, where a character problem is involved. See my YouTube video about character waivers here. Sometimes, we might be able to say that the grant of a character waiver is not required, for example if the issue is minor. A character problem requiring the grant of a character waiver will require full written submissions with supporting documents to be provided.
3. Character problems referred to INZ Resolutions Branch
Sometimes a character problem might be so bad that the Permanent Residence application is doomed to failure. In this situation, it can be best to withdraw the application entirely. Instead, a person can request the grant of further travel conditions, and INZ has to grant them if the person still holds a Residence Visa.
In difficult cases, including any case where someone has a criminal conviction, it will then be referred to an INZ Branch in Wellington called ‘Resolutions’ and they will send a letter setting out why the person is at risk of deportation. Someone who receives such a letter can engage us to respond, to hopefully avoid the issue of a Deportation Liability Notice entirely. Alternatively, we can get liability suspended for a period of time, perhaps 2 to 5 years. If the Resident Visa holder keeps a clean record, deportation liability will be cancelled entirely at the end of the suspension period. They can then apply for Permanent Residence once again and succeed this time.
4. The possible need for an appeal to the Immigration & Protection Tribunal
If deportation liability is not suspended or cancelled, a Deportation Liability Notice is issued. This forces a client to file an appeal on humanitarian grounds with the Immigration & Protection Tribunal if they want to stay in New Zealand.
The writer has recently attended an in-person Tribunal hearing for a client in such a situation. These types of hearing are in-person, at the Tribunal’s premises in Auckland’s CBD. This type of hearing is very much like a formal Court hearing, with a Tribunal hearing room, a Member (similar to a Judge), and seats for Lawyers (one usually from MBIE/INZ too) and witnesses.
If you face this type of appeal it will really help to have an experienced Immigration Lawyer on your side to assist you. It is not a good idea at all to attend this type of Tribunal hearing on your own.
Contact us if you need help
We have had a lot of practice at handling situations involving character problems but we have also seen them badly handled, with bad consequences for clients.
It can really help to have someone who knows what they are doing to assist you. Especially if it means your chances of staying in New Zealand are at stake. If we think we can’t help, we will let you know. But if we can help and you agree for us to do so, we will do our utmost for you.
Please contact us if you would like to discuss further.