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Posted by nothingispermanent 8 years ago.

Deportation from NZ and one criminal charge

Hi to all,

One small question if anybody has answer or advice I can save my future.

I was on student visa and my ex g.f charge assault with blunt weapon in 2010 and i got sentence for 7months and release in 3 months, second I was eligible for work permit but i applied late for work visa so immigration deny to give work visa except Limited purpose visa. after finish sentence they deport me to back my country.... immi officer said you deported because of visa issue not on your criminal charges... Now my wife move to aus to study and i will join her as spouse visa.. "it gonna be difficult for me and my wife" :( if somebody know then ans. please. Thanks.

2 replies, the latest on 23 November 2016.
Reply from micah 7 years ago.

Hi there. So two issues.

  1. Criminal record:

Fortunately you are below the 12 month imprisonment threshold, so rule #1 (which I'm sure you know already) is to never offend again and keep your nose clean. Please see http://glossary.immigration.govt.nz/Characterrequirements.htm

Spouse visa is handled on a case per case basis. The longer you've been together, the stronger the case. Even people wanting citizenship (not just the residency) can get it on case per case basis with a record. I would advise the following: Go to a psychologist who is expert in the area of offending and domestic abuse and get a 'risk assessment'. It will really help if you come out 'low' (which is the lowest possible risk). Also make sure that you have good character references so that they can provide letters attesting to your character.

  1. Deportation: This is where I think your issue is. You need to speak to an immigration lawyer about this one. Often deportation orders look far worse than criminal records. I can't speak much to this subject though since I'm more familiar with the criminal record side of things.

So yeah, I'd say first point of call is an immigration lawyer. Speak to one in Australia and they may redirect you to one in New Zealand.

Reply from micah 7 years ago.
  • I will just add that I mis-read your post. I thought you wanted to go to NZ.

This is good news potentially because it means that you are not necessarily barred from Australia. If you had a deportation order from Aussie it would be a different story.

Aussie character requirements are similar - under 12 months imprisonment. Please see character requirements here: http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

I would still recommend an immigration lawyer in Australia and the risk assessment.

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