E7.45 Character requirements for partners* supporting...

E7.45 Character requirements for partners* supporting 'partnership-based temporary entry applications'

1. Any person who has been convicted in the seven years prior to the date the application is made* of:
   1. any offence involving domestic violence; or
   2. any offence of a sexual nature.

   will not meet the character requirement for supporting partners in respect of a 'partnership-based temporary entry application', unless granted a character waiver (see E7.45.10 below).

2. If the supporting partner* does not meet the character requirement for partners* supporting 'partnership-based temporary entry applications', the application may be declined.

   Note: For the purpose of this policy, 'domestic violence' has the meaning set out in s.3 of the Domestic Violence Act 1995.

E7.45.1 'Partnership-based temporary entry applications'

For the purpose of this policy 'partnership-based temporary entry applications' are applications made* under the following policies (except where the principal applicant is a dependant child):

1. Entry to New Zealand for the purpose of a culturally arranged marriage (see V3.35);
2. Partners* of New Zealand citizens or residents (see V3.15 and WF2);
3. Partners* and dependent children of student or work visa or permit holders (see E4.5);
4. Work policy for dependants (see WF2, WF4, WF5);
5. Student policy for dependants (see U8.1, U8.10, U8.15, U8.20);
6. Visitor policy for dependants (see V3.10, V3.15).

E7.45.5 Evidence that partners* supporting 'partnership-based temporary entry applications' meet the character requirement

1. Partners* supporting 'partnership-based temporary entry applications' must complete the Form for partners supporting partnership-based temporary entry applications (INZ1146).
2. Character checks may be carried out if there is an indication that a partner* (aged 17 and over) who is supporting a 'partnership-based temporary entry application' may not meet character requirements.
3. Where a character check is required in terms of (b) above:
   1. a New Zealand police certificate will be obtained by Immigration New Zealand; and/or
   2. (in the case of a supporting partner* who is aged 17 or over) a visa or immigration officer may request that supporting partner* to obtain a police or similar certificate, less than 6 months old, from any country in which they have lived 12 months or more in the seven years prior to the date the application is made*.
4. Where an application is submitted without the required police certificate(s), a visa or immigration officer may nevertheless accept the application, and obtain any necessary clearances after acceptance, if a supporting partner* requires a police certificate from a country:
   1. that does not issue police certificates to individuals; or
   2. for which no instructions in respect of how to obtain a police certificate is available.
5. If a police certificate is not available from a particular country, the supporting partner* must provide a separate statutory declaration in both English and the partner's* first language, which must:
   1. detail the supporting partner's* attempts to obtain a police certificate; and
   2. state whether they have been convicted or found guilty of or charged with any offences against the law of that country; and
   3. be corroborated by other information confirming their character.
6. For full information on police certificates see A5.10.

   Note: Instructions in respect of how to obtain police certificates from specific countries can be obtained from the INZ website at http://www.immigration.govt.nz/policecertificate.

E7.45.10 Action

1. Visa or immigration officers must not automatically decline 'partnership-based temporary entry applications' on the basis that the supporting partner* does not meet the supporting partner* character requirement.
2. Officers must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify waiving the supporting partner* character requirement. The circumstances include but are not limited to the following factors as appropriate:
   1. if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine); and/or
   2. whether there is more than one offence; and/or
   3. how long ago the relevant event occurred.
3. Officers must make a decision only after they have considered all relevant factors, including (if applicable):
   1. any advice from the National Office of INZ; and
   2. compliance with fairness and natural justice requirements (see A1).
4. Officers must record:
   1. their consideration of the surrounding circumstances, (see paragraph (b) above), noting all factors taken into account; and
   2. the reasons for their decision to waive or decline to waive the partner* character requirement.
5. Any decision to waive the character requirement for supporting partners* must be made by either:
   1. a seconded visa officer; or
   2. an officer with Schedule 1 delegations.

Effective 05/11/2007