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Working holiday visa, police caution

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Hope

Joined: 13 Aug 2005
Posts: 4

Posted: Sat Aug 13, 2005 10:43 am Post subject: Working holiday visa, police caution

Hey, I'm about to apply for a WHV. Will my chances of success be effected by a previous police caution for possession of cannabis? (a very tiny amount at that!) Will I have to declare this on the form? Its a real worry especially as I dont consider myself a criminal! It happened about 2 years ago and I think it will be on record for 5 years. Any info would be appreciated!

Garry
Site Admin

Joined: 10 May 2004
Posts: 289
Location: New Zealander in Scotland

Posted: Sat Aug 13, 2005 8:11 pm Post subject:

Hi Hope, only the immigration department can give you a definite answer. But I am guessing, since you said "police caution", you are from the UK? If so I don't believe it is a criminal record for possession of small amounts, and not feeling like a criminal was one of the reason for the law change. Best bet is to contact your local police and ask them if you have a criminal record, if not I don't believe you have to declare it (you might want to check this at https://www.immigration.govt.nz/migrant/general/aboutnzis/contactus/ ).

Hope

Joined: 13 Aug 2005
Posts: 4

Posted: Sun Aug 14, 2005 6:46 am Post subject:

Thanks Garry, Yes I am a UK resident and I'll give your suggestions a go. I'll let you know how I get on as I'm sure I'm not the only person in this predicament! Cheers again

Hope

Joined: 13 Aug 2005
Posts: 4

Posted: Tue Aug 16, 2005 5:59 am Post subject:

I spoke to the immigration dept today (£1 per minute on the phone!!) they said you have to declare the caution and may have to get a police certificate. A caution doesnt appear to be a huge problem, she said theyre looking more for characters that have just come out of prison etc Phewwww!

Garry
Site Admin

Joined: 10 May 2004
Posts: 289
Location: New Zealander in Scotland

Posted: Tue Aug 16, 2005 8:46 am Post subject:

Yeah didn't think they would be to strict on a casual smoker, half of the country smokes the stuff.

Hope

Joined: 13 Aug 2005
Posts: 4

Posted: Sat Aug 27, 2005 10:36 am Post subject:

Hellooo! I had to give a written personal statement explaining the backgroud behind the caution and give a few character references...6 days later I have my visa, yayyyyyy!!!!

Garry
Site Admin

Joined: 10 May 2004
Posts: 289
Location: New Zealander in Scotland

Posted: Wed Aug 31, 2005 5:35 am Post subject:

Excellent, I am sure you will have heaps of fun in NZ. Don't forget to sample some coromandel gold

4140julie

Joined: 17 Dec 2007
Posts: 1

Posted: Mon Dec 17, 2007 8:40 am Post subject: Working Holiday Visa - Police Caution

Hey, My husband is a Pom and also has a Police Caution for cannabis. It was 5 years ago but still appeared, some cautions stay on your record 10 years. We have looked right into this. I don't think it will affect your working holiday, but if you were to go for reisidency it probably would. We have consulted legal advice, and being married with a child it's still dicey for his residency. He's been fine working here for on his Working Holiday Visa though.

shylow

Joined: 23 Jan 2008
Posts: 1

Posted: Wed Jan 23, 2008 7:19 am Post subject: Re: Working holiday visa, police caution

Hope wrote:

Hey,
I'm about to apply for a WHV. Will my chances of success be effected by a previous police caution for possession of cannabis? (a very tiny amount at that!) Will I have to declare this on the form? Its a real worry especially as I dont consider myself a criminal! It happened about 2 years ago and I think it will be on record for 5 years. Any info would be appreciated! Cool

Good character
To grant you a New Zealand visa or permit we need to be assured that you and any family included in your application are of good character. We make this requirement to protect the well being and security of New Zealanders.

Under section 7(1) of the Immigration Act we will not grant you a visa or permit if:

* you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
* in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
* currently, you have a removal order from New Zealand in force against you
* you have been deported from any country, including New Zealand
* you have been involved in terrorist activities, or belonged to or supported any organization involved in terrorist activities
* it is believed you are likely to commit – or to assist others to commit – criminal or drug offenses, or an act of terrorism, in New Zealand
* it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
* it is believed you are associated with an organization or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

We carry out character checks on everyone 17 years or over included in residence applications or applying for temporary entry for 24 months or longer. We may also undertake a character check on anyone else that we consider may not meet our character requirements.

Providing evidence of good character
If you are coming to New Zealand for 24 months or longer you'll have to provide police certificates as evidence of your good character. We need to see certificates:

* everyone 17 years and over included in your application for residence
* everyone 17 years and over included in your application for a temporary visa and/or permit for 24 months or longer.

We need certificates from:

* your country of citizenship (unless you can prove you never lived there)
and

if you are applying for residence:

* any country you have been in for 12 months or more in the last 10 years, whether in one or more visits. If you are already in New Zealand, for example, under our Work to Residence category, this includes obtaining a police certificate from the New Zealand police,
or

if you are applying for a temporary entry visa and/or permit:

* any country you’ve lived in for 5 or more years since turning 17.

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