Drink Driving Convictions and Visa Applications

Oh dear! You had a few drinks with your friends and made a poor decision to drive home. You were almost there when you turned the corner and ran straight into a police Checkpoint. The police breathalysed you, charged you and two months later you are convicted in Court. In your next visa application, you get a letter from Immigration New Zealand (INZ) saying there is an issue that will have a negative impact on your application. What do you do?

This scenario happens all the time, mainly because people do not realise how few drinks it takes to put them over the limit. If you are on a temporary visa (work, visitor, student) just being charged with an offence makes you Liable for Deportation. INZ can, and does, issue Deportation Liability Notices (DLN) when they become aware a visa holder has committed an offence.

If you are Discharged without Conviction in the District Court INZ can still issue you with a DLN based on your behaviour.

Character Waiver Assessments (Temporary Visa)

If you have a visa application submitted, INZ will put this on hold until after a Court decision is made, then they will complete a character waiver assessment on you.

This is a detailed balancing of your circumstances, reasons for drinking, number of convictions you have had, family circumstances, contribution you can make to New Zealand, reasons for travelling to New Zealand and public interest. Based on this assessment the INZ officer will either grant or decline your visa.

Character Waiver Assessments (Residence Visa)

If you are in the process of applying for a residence visa, then the processing is deferred until a decision is made on your offence.

If you are on a residence visa it is only if you are convicted that a character waiver takes place BUT there is a bill before Parliament to change this and to align the treatment of Residence visa holders with the Temporary visa holders – in other words, if charged with an offence residence visa holders would become Liable for Deportation.

While the best advice is don’t drink then drive – get an UBER or ask a SOBER friend - we understand we are all human and make mistakes. If you find yourself in this situation, get in touch and we can discuss your situation and consider your options.