Visitor visa with an old conviction, declined then granted

A long-serving professional from a visa-waiver country chose to lodge a full visitor visa application so an old conviction could be properly assessed, supported by a detailed letter and a full bundle of evidence. The application was refused on whether she was a genuine visitor, then granted on the same application after we lodged a complaint.

Visa type

Visitor Visa

Issue Type

Turnaround

47 days

Background

[Applicant A] is from a country whose citizens can usually visit New Zealand without a visa. She had been caught up in a court case years earlier that arose from her ordinary work duties, where information her team shared in good faith was later misused by others. She was eventually convicted and fined, and her employer paid the fine. Because she had to declare the conviction, she decided to make a full visitor visa application rather than travel visa-free, so the issue could be looked at openly.

Our approach

We prepared a detailed letter that worked through each rule in turn: that the application was complete, that she was a genuine visitor, that she was healthy, that she met the character rules, and that she had the money and the means to travel and return. On the conviction, we set out how minor her role had been, that she gained nothing and never intended any wrong, that it was a single event long ago, and that she was settled and remorseful, and we asked the officer to weigh those points with reasons rather than just list them. We backed the letter with the court decision, proof the fine was paid, employer letters, income and savings evidence, her travel history and character references.

Outcome

The application was first refused, not on the conviction but on whether she was a genuine visitor with strong enough ties to home. Because she was outside New Zealand, there was no right to ask for that decision to be reconsidered. The decline letter made it apparent that the application had not been properly assessed, and upon lodging a complaint to a manager, Immigration New Zealand agreed to reassess the application, which was then approved.

Lessons

Coming from a country whose citizens can usually visit without a visa does not switch off the genuine-visitor test once you choose to lodge a full application. Your ties to home, your job, and your finances need to be proven just as carefully as any explanation of a past conviction, because an officer can refuse on the genuine-visitor question before they ever reach the conviction. And when you do explain a conviction, it helps to ask the officer to weigh the points for and against with reasons, rather than treating it as a simple tally.