Applying for a character waiver for a New Zealand Visa

A character waiver allows Immigration New Zealand to consider granting a visa where an applicant would otherwise not be granted the visa because specified character instructions apply.

Immigration New Zealand follows a two-stage process. It first determines whether the relevant character provision applies. If it does, an appropriately authorised immigration officer must then consider whether a character waiver should be granted.

A character waiver does not guarantee that the visa application will be approved. The applicant must still meet all other applicable visa requirements.

A character waiver is also different from a special direction. A character waiver cannot overcome statutory ineligibility under sections 15 or 16 of the Immigration Act.

Depending on the visa and the circumstances, you may need a character waiver if:

• You have criminal convictions
• You have been charged with a criminal offence
• You provided false or misleading information in a previous visa application
• You withheld relevant information from Immigration New Zealand in the past
• You failed to disclose a relevant change of circumstances in a previous visa application
• You provided false or misleading information connected with an earlier Expression of Interest
• Certain other conduct covered by the character instructions applies to your case.

For temporary visa applications, certain unresolved charges, investigations or questioning may also engage the character-waiver provisions.

Not every conviction, charge or previous immigration error requires a character waiver. The precise provision and the type of visa must be identified first.

These provisions cover specified matters including:

• convictions involving immigration, citizenship or passport laws, prohibited drugs, dishonesty, violence or offences of a sexual nature;
• convictions resulting in a sentence of imprisonment;
• certain offences committed while the applicant was in New Zealand unlawfully or held a temporary visa;
• certain dangerous-driving, drink-driving or drug-driving convictions within the relevant five-year period;
• false or misleading information, or material information withheld, in connection with an earlier visa application;
• failure to take reasonable steps to notify Immigration New Zealand of relevant information or a material change during an earlier application;
• specified false, misleading or withheld information connected with an Expression of Interest; and
• certain public expressions of racial hostility or involvement with organisations holding specified race-based objectives.

Detailed exclusions and exceptions apply, including in certain cases involving applicants who were under 18, dependent children included in an earlier application, or information connected with a credible report of migrant exploitation.

If any of the following character concerns apply, a person will not be granted a temporary visa unless Immigration New Zealand grants a character waiver.

These concerns include:

• a conviction for an offence against the immigration, citizenship or passport laws of any country;
• a conviction for which the person has been imprisoned;
• a New Zealand conviction for an offence for which the court could impose imprisonment for three months or more;
• certain charges, investigations or questioning concerning an offence that could engage section 15 of the Immigration Act if the person were convicted;
• false or misleading information, or material information withheld, in connection with an earlier visa application;
• failure to take reasonable steps to notify Immigration New Zealand of relevant information or a material change during an earlier application; and
• specified false, misleading or withheld information connected with an Expression of Interest.

Detailed exclusions and exceptions also apply to some matters involving applicants who were under 18, dependent children or information connected with a credible report of migrant exploitation.

Residence applications

For a residence character waiver, Immigration New Zealand must decide whether the surrounding circumstances are compelling enough to justify granting the waiver. Relevant factors include, but are not limited to:

• the seriousness of the offence or offences, where applicable;
• whether there is more than one offence or more than one character provision applies;
• how long ago the relevant event or events occurred;
• whether you have immediate family lawfully and permanently in New Zealand;
• the extent of your other connections to New Zealand; and
• whether your potential contribution to New Zealand will be significant.

Because this is a non-exhaustive list, Immigration New Zealand may also consider other relevant surrounding circumstances, which may include evidence of rehabilitation or changed behaviour where appropriate.

Where the concern involves false, misleading or withheld information, Immigration New Zealand must also consider:

• the significance of the information to the outcome of the previous application or Expression of Interest;
• the nature and extent of your intentions and involvement;
• whether you exercised reasonable diligence to ensure that Immigration New Zealand received complete and accurate information; and
• whether Article 31 of the Refugee Convention applies.

Temporary visa applications

For a temporary character waiver, Immigration New Zealand must consider whether the following matters are compelling enough to justify granting the waiver:

• the applicant’s reason for travelling to, or remaining in, New Zealand;
• the surrounding circumstances; and
• the public interest.

Where false, misleading or withheld information is involved, Immigration New Zealand must also consider the significance of the information, the applicant’s intentions and involvement, and whether the applicant exercised reasonable diligence in ensuring that complete and accurate information was provided.

For both residence and temporary visa applications, Immigration New Zealand must record its reasons for granting or declining the character waiver.

Excluded persons and special directions

Certain people are legally ineligible for a visa or entry permission under sections 15 or 16 of the Immigration Act. These provisions cover matters including specified serious prison sentences, removal, deportation or exclusion from New Zealand or another country, current prohibitions on entering New Zealand and certain security, public-order or public-interest risks.

A character waiver cannot overcome this statutory ineligibility. Depending on the circumstances, a special direction may need to be considered. Read more in our Ministerial Special Direction Guide.

Unresolved residence character matters

A residence application will usually be deferred where an applicant has an outstanding arrest warrant or is charged with, under investigation for, or wanted for questioning about an offence that could engage the specified residence character provisions.

The initial deferral may be for up to six months. Further deferrals are possible in specified circumstances.

• Court records or police reports
• Letters of support from family, employers, or community members
• Evidence of stable employment, education, or community involvement
• A personal statement explaining the circumstances and, where appropriate, demonstrating insight, accountability or remorse
• Evidence of rehabilitation, where relevant

Providing these documents does not guarantee that a character waiver will be granted. The evidence should address the particular character provision and the factors Immigration New Zealand must consider.

Different rules apply to residence and temporary visa applications, and some character concerns require a special direction or another process rather than a character waiver.

An incomplete or poorly targeted request can adversely affect the current application and may have implications for later immigration matters.

Visa Matters provides strategic guidance to ensure your explanation is clear, honest, and supported by credible evidence. Visa Matters will also:

• identify the character provision and process that applies;
• explain the concerns raised by Immigration New Zealand;
• identify the evidence relevant to the particular character issue;
• prepare submissions addressing the applicable instructions and waiver factors; and
• explain the risks, possible outcomes and available next steps.