Criminal history...

[chasingfearne]

Hi all,

I have posted before about moving my family back to New Zealand (I am a citizen, in the process of applying for my daughter's citizenship) and we are currently living in the UK.

We are going to begin the Visa process for my partner in October. The only thing that worries me is his criminal history. He has about 6 or 7 offences on his record - no convictions, and nothing overly serious (basically cannabis possession). This all happened several years ago (we have been together for three years, and I suspect that his last offence would have been roughly 4 or 5 years ago).

I understand that this could impact negatively on his application, but my question is, to what extent? Will they reject it?

I have a clean record and as I say, his is all in the past (I mean, we have a baby together so it's not as if he is going out and doing stupid things anymore)...

Can anyone advise?

[G-Mo]

Given that the last charge was as recent as only 4 or 5 years ago, and has multiple charges (not a one off), I think it will likely make him ineligible.

I'm not sure I see the connection you are trying to make between having a baby and not going out and doing stupid things anymore... Lots of people with children still go out and do stupid things I'm afraid!

[topcat83]

..the fact that he has no convictions might make it better.
Was that just because he was 'let off with a caution'?
I'm not sure how much of a bearing it will have I'm afraid.
As I was referred to the 'audiitors' before they'd accept my application for citizenship as I had one too many speeding tickets, I know they can be a bit strict

[Dani6]

Originally Posted by chasingfearne

Hi all,

I have posted before about moving my family back to New Zealand (I am a citizen, in the process of applying for my daughter's citizenship) and we are currently living in the UK.

We are going to begin the Visa process for my partner in October. The only thing that worries me is his criminal history. He has about 6 or 7 offences on his record - no convictions, and nothing overly serious (basically cannabis possession). This all happened several years ago (we have been together for three years, and I suspect that his last offence would have been roughly 4 or 5 years ago).

I understand that this could impact negatively on his application, but my question is, to what extent? Will they reject it?

I have a clean record and as I say, his is all in the past (I mean, we have a baby together so it's not as if he is going out and doing stupid things anymore)...

Can anyone advise?

Relax I don't think you'll have a problem, cannabis use is pretty widespread in New Zealand and it's not like you were convicted of anything.

[Song_Si]

Can you clarify your meaning of offences v convictions?

having six or seven offences incl cannabis possession, but no convictions?

The simple test would be - if a Police Criminal History report was to be supplied, would these 'offences' show up or not?

Reagrdless of whether 'cannabis use is pretty widespread' a conviction is a conviction; just a conviction for cannabis within New Zealand will rule the applicant out from even visiting some countries, let alone working/living there.

[_shel]

Agree with Song_Si it really doesn't matter if something is routinely done in NZ it is still an illegal criminal activity.

But I'm also puzzled as to how he has 6 offences showing but no convictions? If this is from the UK he would only get a caution once, which may or may not show on a certificate. And would only receive an on the spot fine once, again may or may not be on the certificate.
If he appeared in Court and was sentenced, regardless of the sentence, it is a conviction and will show on a police certificate.

[topcat83]

Originally Posted by _shel

Agree with Song_Si it really doesn't matter if something is routinely done in NZ it is still an illegal criminal activity.

But I'm also puzzled as to how he has 6 offences showing but no convictions? If this is from the UK he would only get a caution once, which may or may not show on a certificate. And would only receive an on the spot fine once, again may or may not be on the certificate.
If he appeared in Court and was sentenced, regardless of the sentence, it is a conviction and will show on a police certificate.

In the UK, cautions will show - even if they were given when the person was a minor. My son had a caution for shoplifting a cheap plastic toy when he was 13. He was 19 when we emigrated and it showed on the police report. Apparently they may be 'past and no longer valid' but they are never deleted from the record.

[_shel]

I think they are sometimes deleted depending on the police force managing it and the type of check being done. Mine shows on my CRB I need to get for my job but didn't show on my police certificate for migration! But I've seen people age 50 with a caution when they were 16 show up on their ACPO certificate for migration so doest appear to be consistency?

[toojoon]

Originally Posted by G-Mo

Given that the last charge was as recent as only 4 or 5 years ago, and has multiple charges (not a one off), I think it will likely make him ineligible.

I'm not sure I see the connection you are trying to make between having a baby and not going out and doing stupid things anymore... Lots of people with children still go out and do stupid things I'm afraid!

Any dishonesty about past convictions that is found out by NZ immigration will certainly count against you, so it's better to be up front from the start. You cannot undo the past, so just be realistic!
If an application is turned down, it does not prevent you from applying again at a later date.

[dawnclaremaddox]

Hi everyone, just honed in on this conversation and would like to know whether my son will be able to visit us at Christmas time for a holiday.

He is now 23 and has 2 convictions (minor) between ages 17-20. He also lost his drivers licence for numerous reasons (I think speeding, not paying his fines etc.) and had to start over again.

He now has his adult head on, almost finished his electricians course and looking forward to seeing us in December. Will he be able to get a Visa?