When Character Concerns Affect a Visa Application

Note: “Emily” is a pseudonym used to protect the client’s personal and private information.

Emily* contacted MC Legal feeling anxious and uncertain about her visa application. She had recently received a letter from Immigration New Zealand raising a character concern due to a past conviction and had a week to reply.

The conviction stemmed from a driving offence involving excess breath alcohol, for which Emily had appeared in court, pleaded guilty, and was sentenced to a fine, court costs, and a six-month driving disqualification period. While Emily had declared the conviction honestly in her visa application, the letter from Immigration New Zealand stated that she was no longer considered of good character, which could affect her ability to be granted a visa.

Understandably, Emily felt overwhelmed. She wanted to remain in New Zealand to be with her partner, but she knew that the conviction could prevent her from obtaining her visa if not handled carefully. She had reached out to some immigration advisers but they were not able to provide her with a clear answer.

After Emily approached MC Legal, we began by reviewing the character concern letter in detail. The focus was on understanding the circumstances of her being charged, her court case, any rehabitative efforts, and what context and supporting evidence could be presented to Immigration New Zealand.

My focus in these situations is always to slow things down and respond carefully, rather than react quickly. We worked with Emily to prepare a thorough submission that explained:

• The full circumstances that resulted in her being charged, the conviction, any assistance from the Duty Lawyer or her criminal lawyer, including her actions since being charged

• Steps she had taken to address the behaviour and ensure it would not happen again

• Supporting evidence from her community, employer, and other relevant sources to demonstrate that it had been out of character and that she is of otherwise good character

The goal was to present a complete and balanced picture of Emily’s circumstances, showing that despite the past conviction, she was a responsible, contributing member of the community and should be considered of good character for the purpose of her visa.

Thanks to careful preparation and a structured response, Immigration New Zealand waived the character concern, and Emily was granted her visa. She was able to continue her life with her partner in New Zealand with certainty and confidence.

More importantly, Emily moved from feeling stressed and uncertain to having clarity, support, and a plan, knowing that her circumstances had been presented in the best possible way.

Character concerns relating to convictions can feel daunting and sometimes irreversible, but with clear advice, careful preparation, and the right context, there are options available that may not lead to a visa decline.

If you find yourself in a similar situation, seeking early and specific immigration advice can help you understand your options and respond effectively.

If you are facing a similar situation, book an immigration consultation with Michelle to help put your mind at ease.