For most people getting their resident visa is the biggest hurdle they will take in their visa journey. Unfortunately for a number of people getting their permanent resident visa is more difficult or impossible. They might even get their visa revoked and/or be deported.
The reason?
For some just misfortune. Having a teenage kid that got himself convicted for drunk driving, for instance. The kid might have gotten away with a fine but it is an offence where a 3-month jail term can be imposed. For a permanent resident visa application, you and your family must meet the character requirements and you must not be liable for deportation.
Getting convicted of a crime within 2 years of being granted a resident visa where the court has the power to impose 3-month imprisonment or more, makes you liable for deportation. The same applies for a conviction of a crime with a possible imprisonment term of 2 years or more within 5 years after being granted a resident visa.
For others providing false or misleading information or not disclosing all information. This most often happens around family members. This will also make you liable for deportation.
For instance, a dependent child in a resident visa application turns out not to be so independent when a partnership visa application from their partner is received where a relationship of several years is claimed. To be considered a ‘dependent child’ above the age of 18 you must be single among others. This means the ‘dependent child’ got their resident visa through false information and that makes them (and the rest of the family included in the original resident visa application) liable for deportation.
Another example is when people ‘forgot’ to include family members in their original resident visa application. Maybe children that won’t come to New Zealand with the family or children where you don’t have any contact with.
You may be liable for deportation if any of the following apply:
- Your original resident visa is held in a false identity.
- Your original resident visa, or a prior visa upon which it was based, was obtained through fraud, forgery, false, or misrepresentation, or concealment of relevant information (whether or not this originated from you or someone else).
- New information relating to your character has become available within five years of the date you first held a resident visa, which was relevant when that visa was granted and means you would not have been eligible for that visa.
- You have been sentenced to imprisonment for five years or more for an offence committed not later than 10 years after you first held a residence class visa.
- Your resident visa is held on the basis of being recognised as a refugee or protected person, and that recognition was cancelled.
- You have been served a deportation liability notice but have not been deported.
Immigration New Zealand isn’t keen on people who provide false and misleading information. Make sure you provide correct information and keep out of trouble with the law.
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