Deportation liability suspended after a drink-driving conviction

A Malaysian resident faced deportation after a single drink-driving conviction that fell within two years of getting his residence. We made a detailed written case to Immigration New Zealand, which decided to suspend his deportation liability for two years.

Visa type

Permanent Resident Visa

Issue Type

Turnaround

days

Background

[Applicant A] had lived in New Zealand since 2015, building a career in hospitality and a family in Napier. He and his wife bought a home together and their son was born here as a New Zealand citizen. After he was convicted of drink driving within two years of getting his residence, the law made him liable for deportation, and his permanent residence application was put on hold.

Our approach

We prepared a full written response. We showed that this was a first offence at the lower end of seriousness, with a modest court penalty and no harm to anyone. We set out his genuine remorse, his decision to stop drinking, and his clean record since. We evidenced his long settled life here, his family home and mortgage, the tax he and his wife had paid, and the importance of keeping his New Zealand son with both parents.

Outcome

Immigration New Zealand decided to suspend his deportation liability for two years. If he stays out of trouble during that time, the liability will be cancelled at the end of the period.

Lessons

Getting residence does not make a person immune from immigration consequences, and a conviction soon after residence can trigger deportation liability, so early legal advice matters. The strongest response does more than list good and bad points; it explains why the reasons for letting someone stay outweigh the reasons against. And where a New Zealand citizen child would be affected, that child’s right to be raised here with both parents is a central part of the case.