When applying for a visa, one of the key requirements is that you must be of good character. Immigration New Zealand (INZ) assesses character to ensure that people entering New Zealand do not pose a risk to public safety, security, or public order. If you do not meet the character requirements, you may still be able to apply for a character waiver.
Immigration New Zealand assesses your character by reviewing your personal history, including any criminal convictions, deportations, or previous immigration issues. This may involve reviewing police certificates from countries you have lived in, as well as examining past visa applications and immigration records.
Your visa may be declined if you have serious criminal convictions or immigration breaches. For example, Immigration New Zealand can refuse your application if:
You have been sentenced to five years or more in prison
You were sentenced to 12 months or more in prison within the last 10 years
You have previously been deported from New Zealand
You have been deported, removed, or excluded from another country
Immigration New Zealand may also decline your visa if they believe you could pose a risk to public safety, security, or public interest, or if they believe you may commit offences in New Zealand.
A character waiver allows Immigration New Zealand to approve your visa despite character concerns. It gives Immigration New Zealand discretion to consider your application even though you do not meet the standard character requirements.
You do not usually apply for a character waiver separately. Instead, Immigration New Zealand will notify you if a waiver is required and invite you to provide further information and submissions.
Character waivers may be needed if you have:
Criminal convictions in New Zealand or overseas
Provided incorrect or incomplete information in previous applications
Been deported, removed, or excluded from another country
Importantly, a character waiver does not guarantee visa approval. It simply allows Immigration New Zealand to consider your application.
Be honest and transparent about past issues. Providing clear explanations and documentation improves the likelihood that INZ will consider your waiver request favorably. Do not provide false or misleading information in your application as it will adversely impact your application and affect future visa applications.
Immigration New Zealand considers a range of factors when assessing a character waiver. These include:
The seriousness of the offence or issue
How long ago it occurred
Evidence of rehabilitation
Your personal circumstances and ties to New Zealand
Your employment, skills, and ability to contribute positively
Providing strong supporting evidence is critical. This may include explanation letters, police records, character references, and proof of rehabilitation, employment, or community involvement.
Demonstrating that the issue was isolated, that you have taken responsibility, and that you are unlikely to reoffend can significantly improve your chances.
If Immigration New Zealand declines your character waiver, your visa application will also be declined. However, there may still be options available. In some cases, it is possible to request a special direction from the Minister of Immigration. Special directions allow visas to be granted in exceptional circumstances, even where standard immigration requirements are not met.
Character waiver applications require careful preparation and clear supporting evidence. The way your circumstances are explained, and the evidence provided, can significantly affect the outcome.
Being honest and transparent is essential. Providing false or misleading information can result in your visa being declined and may affect future applications.
If you have character concerns, seeking professional advice early can help you understand your options and present the strongest possible case to Immigration New Zealand.
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Senior Associate | Solicitor
Solicitor