2014-Mar 21: Character questions for Permanent Resident Visa (PRV) and Second or Subsequent Resident Visa (SSRV) applicants

Visa Pak 153 - Information about character questions introduced on the application form for Permanent Resident Visa (PRV) and Second or Subsequent Resident Visa (SSRV) applicants

Visa Paks

21 March 2014

Character questions for Permanent Resident Visa (PRV) and Second or Subsequent Resident Visa (SSRV) applicants

Changes were introduced in March 2014 to instructions at RV After the grant of a residence visa to clarify that the character provisions that apply to other residence class visa applications also apply for PRV and SSRV applications. The key results from this change are:

  • Specifically requiring applicants for PRVs or SSRVs to declare any offences for which they were convicted or charged with since being granted New Zealand residence and also any offences for which they are currently under investigation.
  • Aligning instructions under After the grant of a residence visa to A5 Character instructions.
  • A new instruction, RV1.25 Declining an application from former residence class visa holders, covering applications for PRVs or SSRVs by persons who no longer hold a resident visa, who would not have been eligible for the grant of one if they were applying from within New Zealand. This will be explained in a later by Mike Harvey in the Resolutions Team. Officers who have queries about this provision should contact Mike Harvey.

 

Change to character questions on the application form

The character questions at section G in INZ 1175 Application from a Resident or Former Resident Visa Holder have been amended to cater for these requirements. The changes are at question G1, in bold below:

Are you and/or any of your accompanying family members currently facing charges for any offence, under investigation, or wanted, by any law enforcement agency in any country?
…
Have you or any of your family members included in your application ever been:
…

    • charged with, convicted or investigated for any offences committed (including traffic or driving offences) since being granted New Zealand residence, or while on a temporary visa or when unlawfully in New Zealand?

Officers do not need to request New Zealand police certificates for all PRV or SSRV applicants and applicants do not routinely have to provide other police certificates with PRV or SSRV applications. However New Zealand or other police certificates should be requested for any applicants, whether primary or secondary, who indicate ‘Yes’ to questions about whether they:

    • are currently under investigation, or
    • have been charged with or convicted of any offence since being granted New Zealand residence.

In some cases, applicants in New Zealand may want to travel before a decision can be made on their application. Officers should discuss options with applicants, including a Variation of Travel Conditions (VoTC).

Action
From 24 March 2014, when the new instructions go into effect, immigration officers assessing applications for PRVs or SRVs are asked to:

  • note the amended questions in Section G: Character declaration of INZ 1175 Application from a Resident or Former Resident Visa Holder
  • request New Zealand police certificates for any applicants who have indicated that they have been charged, convicted or placed under investigation for any offences since being granted New Zealand residence
  • ask applicants to provide other police certificates as needed, if information or further questions indicate that they may have committed offences in other countries
  • contact the Resolutions Team (Mike Harvey or Angela Vinsen) for advice about any PRV or SSRV applicants whose police certificates or other information indicate that they may be liable for deportation
  • consider whether applicants who are found not to be liable for deportation need a character waiver as a result of additional character information and process one as for any other residence application

If applicants need to travel before a decision on a PRV or SSRV application can be made (due to character issues), officers should grant VoTCs in line with instructions.

PRV or SSRV applicants who may be liable for deportation due to character issues

Information about deportation liability and section 161 of the Immigration Act 2009 was also provided on 20 December 2013 (Process for identifying deportation liability arising from criminal offending under section 161 Immigration Act 2009 and its effect on Residence Class Visa holders).