Immigration Law: Good Character Requirement

This assignment examines New Zealand's immigration law as outlined in the Immigration Act 2009, with a particular emphasis on the 'good character' criterion for visa applicants. It details the consequences of failing to meet this standard and explores the process for applying for character waivers or special directions under specific circumstances. The document provides examples and analyzes factors considered when assessing residency applications, highlighting the interplay between legal requirements and humanitarian considerations.

Running head: IMMIGRATION LAW
Immigration Law
Name of the Student
Name of the University
Author Note

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Good character: An essential visa condition
In New Zealand, the Immigration Act 2009 governs the immigration law of the country
and requires every applicant to possess a good character and ensure that such person does not
pose any potential risk to security of the country. A good character certificate is mandatory for
any applicant whether such applicant applies for residency or work visa1.
The immigrants and visa requirements of the country stipulates that amongst the other
essential requirements, it is essential that all the citizens of the country must possess a good
character. The character of a person is considered as poor, if the person has been subjected to
criminal convictions or has been engaged in providing misleading or false information in their
visa application.
Character Waiver Submission
1. According to section 15 or 16 of the Immigration Act, an applicant shall not be eligible
for residence class visa unless the applicant obtains a character waiver. The applicants
shall not be granted a residence visa under the following circumstances:
a) If the applicant was subjected to conviction for any offence before or after the enactment
of the IA 2009, for which he was imprisoned for more than 5 years or indefinite period;
b) If the applicant has been convicted for involving in offences of sexual nature;
c) If the applicant has been engaged in violence and have been convicted for the same;
d) If the applicant is convicted for offence relating to dangerous driving, driving with
alcohol or for driving after consuming drugs at any time during the last five years;
1Bedford, Richard, and Paul Spoonley. "Competing for talent: diffusion of an innovation in New Zealand's
immigration policy." International Migration Review 48.3 (2014): 891-911.

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e) If the applicant had provided and false or misleading statement regarding material
information while applying for visa and that there is an evidence to establish the same;
f) If the applicant had withheld or did not disclose any material information while applying
for residence visa in New Zealand;
In addition, the applicants that have been subjected to convictions and have been imposed
sentence of imprisonment or who have been deported from any country shall not be granted a
residency visa under section 15 or 16 of the Immigration Act 20092.
2. Factors for assessing of residency visa applications
The Minister must consider whether the applicant poses a risk or threat to the security of the
nation and its nationals;
a) Whether such applicant is a threat to the public order;
b) Whether such visa applicant poses a risk to the interest of the public; or
c) Whether such visa applicant is a member of a terrorist entity under the Terrorism
Suppression Act 2002;
3. Special directions
According to section 17 and section 378 of the Immigration Act 2009 and section 34 of
the Immigration Regulation 2010, the a character waiver or special direction may be requested
by visa applicants mentioned under section 15 or 16 of the Immigration Act 2009 who are
otherwise not eligible to be granted a residence class visa3. If there are sufficient grounds to grant
2 Immigration Act 2009.
3 Zealand, Immigration New. "Admission and Enrolment Statute." (2015).

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a residence class visa to a person who is otherwise prohibited, the processing officer may invite
such applicant to request a special direction (RA7), thus authorizing grant of residence class visa.
However, any invitation may be made based on humanitarian nature and if any applicant
receives a request without being invited, the request may be considered though the grant of
special direction is in discretion of the Minister of Immigration or INZ4.
4. Factors assessing character waiver
a) The seriousness of the offence determined in terms of the years of imprisonment;
b) Whether there is more than one offence;
c) Whether the applicant the provide evidence to justify for the false or misleading
information provided;
d) The time difference when the relevant event took place;
e) Whether the applicant has strong emotional and physical tie to New Zealand;
f) Whether the potential contribution of the applicant in the country would be significant;
5. On the facts here, the applicant was convicted for manipulation of markets and was
imprisoned for 6 months, which amounts to dishonest conduct under section 15 of the
Act. However, the offence was not imposed imprisonment for more than 5 years or 12
years5.
6. The applicant has justified his conduct by stating that he did not intend to manipulate the
market but only to safeguard the business and to ensure the employees are paid their
entitlements, he was engaged in such conduct and is very remorseful for the same.
4 Bhachu, Parminder, ed. Immigration and entrepreneurship: culture, capital, and ethnic networks. Routledge, 2017.
5 Law, David, Murat Genc, and John Bryant. "Trade, diaspora and migration to New Zealand." The World Economy
36.5 (2013): 582-606.

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7. The applicant is married to Petra Smith who is a citizen of New Zealand. They are living
in Malaysia where Petra works as an accountant on a temporary work visa. The applicant
and his wife wish to return to NZ after Petra’s contract terminates in two months.
8. The wife of the applicant is six months pregnant and the applicant is presently working as
a manager in a boutique hotel as a part time job6.
9. As per the legal requirements to apply for residency class visa, any person who is
engaged in any dishonest conduct shall not be granted with the residency visa as per
section 15 of the Act. However, as per section 17 and section 378 of the Immigration
Act 2009, the applicant may request a character waiver or special direction7.
10. The applicant is entitled to character waiver on the following grounds that should be
considered by the Minister while assessing his visa application:
a) The commission of offence by the applicant was not serious as can be determined from
his period of imprisonment which was 6 months;
b) He has been convicted of only a single offence;
c) He was convicted before the commencement of the statute but not for more than 5 years;
d) His wife is a citizen of new Zealand and is 6 months pregnant which establishes his
emotional as well as physical connection with the country8;
e) He is presently working as a manager in a boutique hotel and may significantly contribute
to the country.
6 Gest, Justin, et al. "Measuring and comparing immigration, asylum and naturalization policies across countries:
Challenges and solutions." Global Policy 5.3 (2014): 261-274.
7 McMillan, Kate, and Anna Hood. Report on citizenship law: New Zealand. 2016.
8 Scott, Alyson Margaret. " Kia ora and welcome to Immigration New Zealand": the experience of calling and
working for the Immigration New Zealand's contact centre: a thesis presented in partial fulfilment of the
requirements for the degree of Master of Arts in Psychology at Massey University, Palmerston North, New Zealand.
Diss. Massey University, 2015.

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11. In addition, based on humanitarian grounds, the request for special direction can be
considered by the Minister and the Department of INZ. Since the applicant satisfies all
the factors to be granted a residency class visa, he is entitled to be granted the same.

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Reference list
Bedford, Richard, and Paul Spoonley. "Competing for talent: diffusion of an innovation in New
Zealand's immigration policy." International Migration Review 48.3 (2014): 891-911.
Bhachu, Parminder, ed. Immigration and entrepreneurship: culture, capital, and ethnic
networks. Routledge, 2017.
Gest, Justin, et al. "Measuring and comparing immigration, asylum and naturalization policies
across countries: Challenges and solutions." Global Policy 5.3 (2014): 261-274.
Immigration Act 2009
Law, David, Murat Genc, and John Bryant. "Trade, diaspora and migration to New
Zealand." The World Economy 36.5 (2013): 582-606.
McMillan, Kate, and Anna Hood. Report on citizenship law: New Zealand. 2016.
Scott, Alyson Margaret. " Kia ora and welcome to Immigration New Zealand": the experience of
calling and working for the Immigration New Zealand's contact centre: a thesis presented in
partial fulfilment of the requirements for the degree of Master of Arts in Psychology at Massey
University, Palmerston North, New Zealand. Diss. Massey University, 2015.
Zealand, Immigration New. "Admission and Enrolment Statute." (2015).

7IMMIGRATION LAW