Why Criminal Charges Can Affect Your Visa: The Need for Early Immigration Advice

If you're a visa holder facing criminal charges in New Zealand, the consequences can be severe. Both temporary and resident visa holders are exposed to risks such as potential deportation, increased scrutiny in future visa applications and difficulty with international travel, amongst others. Even if you successful navigate these hurdles, the experience can be expensive and drawn out causing significant stress and financial hardship. It is therefore imperative to get the right advice at the outset and develop the right strategy with specialist advice.

When subject to criminal charges as a temporary visa holder, you may be subject to deportation if there's “sufficient reason,”. This includes breaches of visa conditions, criminal offending, or character issues.

Immigration New Zealand (INZ) can issue a Deportation Liability Notice (DLN) if they learn of a conviction, but they can also issue one if you’re Discharged without Conviction or offered Diversion. While the likelihood of INZ issuing a DLN in the latter two situations is considerably lower, it can still sometimes occur because the criminal offending is acknowledged when you admit guilt and 'sufficient reason' can still be triggered. Off course, a discharge or diversion is a considerably better outcome from an immigration compliance perspective than a conviction and must always be considered as part of your case strategy.

If you receive a DLN, you have two options:

1. Provide Submissions to the INZ Compliance Team for a Departmental Review and demonstrate "good reasons" why the DLN should be canceled. You will need to prepare a strong case with detailed submissions supported by evidence showing why deportation is not warranted.
2. Submit an appeal to the Immigration and Protection Tribunal (IPT) – This involves demonstrating “exceptional humanitarian circumstances” that would make it unjust or unduly harsh for you to be deported, and proving that it wouldn’t be contrary to the public interest for you to remain in New Zealand.

When facing criminal charges as a resident visa holder, you can become liable for deportation if convicted of an offence that occurred within:

• 2 years of obtaining residency if the offence could have resulted in imprisonment of 3 months or more.
• 5 years of obtaining residency if the offence could have resulted in imprisonment of 12 months or more.
• 10 years of obtaining residence if sentenced to 5 years or more for the offending.

The process is slightly different for residents compared to temporary visa holders as the INZ's Resolutions Branch gets involved, and you will be able to present comprehensive submissions explaining why a DLN should not be issued in your particular case. After reviewing this information, INZ can then either:

• Cancel the DLN
• Suspend it for a specified period-
• Serve the DLN

If you are unfortunate enough to be served a DLN, you can appeal to the IPT either on factual grounds or by demonstrating exceptional humanitarian circumstances which justify remaining in New Zealand.

This is clearly a heavily condensed summary, but the complexities above show why immediate immigration and criminal law advice is crucial before pleading to any charge. This ensures that you understand your options, help you prepare strong submissions, and safeguards your visa status and future in New Zealand.

Seeking professional assistance early can be the key to navigating these challenging processes effectively. If you need help or advice in relation to these matters, please reach out to our Immigration expert Hetish Lochan or email [email protected]  saved