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Immigration Act 2009 New Zealand

   

Added on  2020-04-13

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Running head: IMMIGRATION LAWImmigration LawName of the StudentName of the UniversityAuthor Note

1IMMIGRATION LAWGood character: An essential visa conditionIn New Zealand, the Immigration Act 2009 governs the immigration law of the countryand requires every applicant to possess a good character and ensure that such person does notpose any potential risk to security of the country. A good character certificate is mandatory forany applicant whether such applicant applies for residency or work visa1. The immigrants and visa requirements of the country stipulates that amongst the otheressential requirements, it is essential that all the citizens of the country must possess a goodcharacter. The character of a person is considered as poor, if the person has been subjected tocriminal convictions or has been engaged in providing misleading or false information in theirvisa application. Character Waiver Submission1.According to section 15 or 16 of the Immigration Act, an applicant shall not be eligiblefor residence class visa unless the applicant obtains a character waiver. The applicantsshall 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 enactmentof 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 withalcohol 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'simmigration policy." International Migration Review 48.3 (2014): 891-911.

2IMMIGRATION LAWe)If the applicant had provided and false or misleading statement regarding materialinformation 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 applyingfor residence visa in New Zealand;In addition, the applicants that have been subjected to convictions and have been imposedsentence of imprisonment or who have been deported from any country shall not be granted aresidency visa under section 15 or 16 of the Immigration Act 20092. 2.Factors for assessing of residency visa applicationsThe Minister must consider whether the applicant poses a risk or threat to the security of thenation 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; orc)Whether such visa applicant is a member of a terrorist entity under the TerrorismSuppression Act 2002;3.Special directionsAccording to section 17 and section 378 of the Immigration Act 2009 and section 34 ofthe Immigration Regulation 2010, the a character waiver or special direction may be requestedby visa applicants mentioned under section 15 or 16 of the Immigration Act 2009 who areotherwise not eligible to be granted a residence class visa3. If there are sufficient grounds to grant2 Immigration Act 2009.3 Zealand, Immigration New. "Admission and Enrolment Statute." (2015).

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