Character requirements
Covers the character requirements that visa applicants and supporting employers must meet under New Zealand immigration instructions.
- Status
- active
- Updated
- 2026-04-30
- Sources
- A5A5.1A5.5A5.10A5.15A5.20A5.25A5.25.5A5.25.6A5.25.7A5.25.10A5.30A5.35A5.45A5.45.5A5.45.6A5.45.7A5.45.10R5.111
At a glance
INZ operational instructions at A5 set out character requirements for visa applicants [A5]. All applicants must be of good character and not pose a potential security risk [A5.1]. Detailed police certificate requirements are set out in A5.5 [A5.5]. Practical instructions on police certificate validity, reuse, and what to do when certificates are unavailable are in A5.10 [A5.10]. Additionally, A5.20 sets out mandatory ineligibility categories barring certain individuals from receiving a visa or entry permission, reflecting statutory provisions [A5.20].
Definition
Section A5.1 requires that every person applying for a visa be of good character and not pose a security risk [A5.1]. The broader A5 section contains additional sub‑instructions on the assessment process and how character concerns are resolved [A5].
Overview of chapter A5
A5.15 provides a summary of the character requirements across the remainder of chapter A5 [A5.15]. The instructions cover:
- applicants who must not be granted a visa under the Immigration Act 2009 (see A5.20), unless granted a special direction [A5.15];
- applicants who will not be granted a residence class or temporary entry class visa (see A5.25 for residence and A5.45 for temporary entry), unless granted a character waiver [A5.15];
- applicants who normally will not be granted a residence or temporary entry class visa where they pose a risk to New Zealand's international reputation (see A5.30), unless a visa is granted in accordance with A5.30.1 [A5.15]; and
- applicants whose applications for a residence class visa will usually be deferred (see A5.35) [A5.15].
Note: With the exception of A5.20 (which replicates part of the Immigration Act 2009), the instructions in the remainder of chapter A5 constitute immigration instructions as described in section 22 of the Immigration Act 2009 [A5.15].
Application in decisions
Immigration officers must consider the character requirements prescribed in A5 when determining a visa application [A5]. Under A5.1, if any person included in the application fails to meet those requirements, the application may be declined unless the character requirements are waived, a special direction is granted, or the discretion referenced in A5.1 (which relates to A5.30.1(c) or (d)) is applied [A5.1].
Mandatory ineligibility (A5.20)
Under section A5.20, which reflects the Immigration Act 2009, certain categories of persons must not be granted a visa or entry permission, unless they fall within specified exceptions [A5.20].
Persons subject to a bar
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Conviction‑based bars (section 15): A person is not eligible for a visa or entry permission if they [A5.20]:
- have been convicted of an offence and sentenced to imprisonment for a term of five years or more (or an indeterminate period capable of running for five years or more), at any time; or
- within the preceding 10 years, have been convicted of an offence and sentenced to imprisonment for a term of 12 months or more (or an indeterminate period capable of running for 12 months or more); or
- are subject to a period of prohibition on entry under section 179 or 180 of the Immigration Act 2009; or
- have been removed or deported from New Zealand under any enactment (subject to certain exceptions: deportations under the Shipping and Seaman Act 1952 s 158, certain deportations under the Immigration Act 1964, expired or cancelled removal orders under the Immigration Act 1987, and deportations under the 2009 Act where the prohibition period has ceased); or
- are excluded from New Zealand under any enactment; or
- have, at any time, been removed, excluded, or deported from another country.
The sentence‑length thresholds apply whether the sentence is immediate, deferred, or suspended, and multiple sentences imposed on the same occasion are aggregated as a single sentence [A5.20].
-
Risk‑based bars (section 16): A person is not eligible if the Minister has reason to believe they [A5.20]:
- are likely to commit an offence in New Zealand punishable by imprisonment; or
- are, or are likely to be, a threat or risk to security; or
- are, or are likely to be, a threat or risk to public order; or
- are, or are likely to be, a threat or risk to the public interest; or
- are a member of a designated terrorist entity under the Terrorism Suppression Act 2002.
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Exceptions: Despite sections 15 and 16, entry permission must be granted to [A5.20]:
- holders of a permanent resident visa;
- holders of a resident visa granted in New Zealand;
- holders of a resident visa arriving for a second or subsequent time as the holder of that visa.
Also, a temporary entry class visa must be granted to a person entitled to immunity under the Diplomatic Privileges and Immunities Act 1968 (excluding certain categories) or the Consular Privileges and Immunities Act 1971 [A5.20].
-
Special direction and limited visa pathways: A visa or entry permission may be granted, despite the bars above, by [A5.20]:
- a special direction under section 17 of the Immigration Act 2009; or
- the grant of a limited visa under section 83 of the Immigration Act 2009 in relation to criminal matters.
The instructions in A5.20 replicate the Immigration Act and are not immigration instructions under section 22 of that Act [A5.20][A5.15].
Residence class visa character ineligibility — convictions, false information, and other matters (A5.25)
A5.25 sets out additional grounds that will prevent a person from being granted a residence class visa unless a character waiver is granted [A5.25]. An immigration officer must follow a two‑stage process: first, record a determination that one or more of the disqualifying provisions in A5.25.5(a)–(d) apply (giving reasons for (b)–(d)); second, consider whether a character waiver should be granted under A5.25.10 [A5.25].
A5.25.5 Ineligibility due to convictions, false information, and other matters
A person will not be granted a residence class visa if any of the following apply to any applicant included in the application [A5.25.5]:
-
(a) Convictions
- at any time of any offence against immigration, citizenship or passport laws of any country;
- at any time of any offence involving prohibited drugs;
- at any time of any offence involving dishonesty;
- at any time of any offence of a sexual nature;
- at any time of any offence for which they were sentenced to a term of imprisonment (including deferred, suspended, or fine‑or‑default sentences);
- (whether in New Zealand or not) of an offence committed when the applicant was in New Zealand unlawfully or was the holder of a temporary entry class visa (or a temporary permit under the Immigration Act 1987) for which the court can impose imprisonment of three months or more;
- at any time of any offence involving violence;
- at any time in the five years before the application is made, or while the application is being processed, of a dangerous or alcohol‑/drug‑related driving offence.
Notes: For (i)–(vii), a conviction 'at any time' includes one occurring up to the date of final decision (R5.60). A 'sentence to a term of imprisonment' includes deferred, suspended, or fine‑or‑default imprisonment [A5.25.5].
-
(b) False or misleading information in a prior visa application
- made any false or misleading statement, or provided false or misleading information, evidence or submission; or
- withheld material information that may have affected the decision on the prior application; or
- failed to take reasonable steps to inform an officer of a material change in circumstances after the prior application was made [A5.25.5].
-
(c) False or misleading information in an Expression of Interest (EOI)
- provided false/misleading information or withheld relevant, potentially prejudicial information in an EOI that is not associated with the current residence application [A5.25.5].
-
(d) Hate speech or membership of organisations based on racial superiority/hostility
- at any time publicly argued racial superiority or used language encouraging hostility on the basis of colour, race, or ethnic/national origins; or
- been or is a member of (or adheres or has adhered to) any organisation whose objectives or principles are based on racial hostility or an assumption of racial inferiority/superiority [A5.25.5].
Exceptions for false/misleading information (A5.25.5(e)–(g)) [A5.25.5]:
- The disqualifying criteria at (b) and (c) do not apply if an immigration officer recorded a determination that the incident was not a character issue requiring a waiver.
- They also do not apply to an applicant who was under 18 at the time of the prior application, EOI submission, or provision of information.
- They do not apply to a non‑principal applicant or dependent child included in the prior application/EOI, provided the false/misleading/withheld information is not about that child.
A5.25.6 Clarifications
- 'Application for a New Zealand visa' includes a variation of conditions, variation of travel conditions, or a reconsideration application [A5.25.6].
- For false/misleading information, an officer does not need to determine whether the applicant personally knew the information was false, knew it was provided, or intended to deceive [A5.25.6].
- For withheld information, the officer must be satisfied the applicant (or their agent) knew the information, but does not need to determine intent to deceive [A5.25.6].
- If an agent provided false/misleading information, the officer does not need to determine whether the agent knew it was false [A5.25.6].
- A forged or unauthorisedly altered document is treated as false information even if the substantive content is true [A5.25.6].
A5.25.7 Migrant exploitation exception
An immigration officer may disregard false, misleading, or withheld information in a visa application or variation of conditions if the officer is satisfied the incident is connected to a credible report of exploitation made to MBIE (evidenced by a Report of Exploitation Letter) [A5.25.7]. However, A5.25.5(b) still applies to false/misleading information provided in the course of applying for a Migrant Exploitation Protection Visa, including in the exploitation report itself [A5.25.7].
A5.25.10 Assessment of character waiver
If any provision in A5.25.5(a)–(d) applies, an immigration officer must consider whether the surrounding circumstances are compelling enough to grant a character waiver [A5.25.10]. The factors include (but are not limited to):
- seriousness of the offence(s) (generally indicated by sentence or fine);
- whether there is more than one offence or more than one A5.25.5 ground applies;
- how long ago the event(s) occurred;
- whether the applicant has immediate family lawfully and permanently in New Zealand;
- the extent of the applicant's other connections to New Zealand;
- whether the applicant's potential contribution to New Zealand will be significant [A5.25.10].
Additional factors apply depending on the ground:
- For false/misleading information (A5.25.5(b) or (c)): significance of the information to the application/EOI outcome, the applicant's intentions and involvement, reasonable diligence, and Article 31 of the Refugee Convention [A5.25.10].
- For hate speech/membership (A5.25.5(d)): time since the views/affiliation, whether views are still held, extent of involvement, and the nature of the views/organisation [A5.25.10].
All relevant factors must be weighed, including any advice from INZ National Office and compliance with fairness and natural justice requirements [A5.25.10]. The officer must record the consideration and reasons for the decision. A character waiver can only be granted by an immigration officer with Schedule 1–3 delegations [A5.25.10].
Temporary entry class visa character ineligibility — convictions, charges, and other matters (A5.45)
A5.45 sets out the convictions, charges, and other matters that will cause an applicant not to meet character requirements for a temporary entry class visa unless a character waiver is granted [A5.45].
Two‑stage process
An immigration officer must follow a two‑stage process when assessing a temporary entry application under A5.45 [A5.45]:
- First, the officer must record a determination that one or more of the provisions at A5.45.5(a)–(d) apply. For A5.45.5(c) or (d), the officer must record reasons why the provision applies.
- If the officer confirms that a provision applies, the second stage requires consideration of whether a character waiver should be granted under A5.45.10 [A5.45].
A5.45.5 Ineligibility due to convictions, charges, investigations and false information
A person will not be granted a temporary entry class visa if any of the following apply to them or any other person included in the application [A5.45.5]:
-
(a) Convictions — the person has been convicted at any time (up to the date of final decision) of:
- an offence against the immigration, citizenship or passport laws of any country; or
- any offence for which they have been imprisoned; or
- an offence in New Zealand for which the court has the power to impose imprisonment for a term of three months or more (including sentences "not exceeding three months" or "up to and including three months") [A5.45.5].
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(b) Charges or investigations — at the time of making the application or during its processing, the person:
- has been charged with an offence that, on conviction, could make section 15 of the Immigration Act 2009 apply; or
- is under investigation for, or wanted for questioning about, such an offence [A5.45.5].
-
(c) False or misleading information in a prior application — the person, either personally or through an agent, in a previous New Zealand visa or entry permission application (or a permit under the Immigration Act 1987):
- made any false or misleading statement or provided any false or misleading information, evidence or submission; or
- withheld material information that may have affected the decision on the application; or
- did not take reasonable steps, from the time the application was made until the time it was decided, to ensure an immigration officer was made aware of any relevant fact or material change in circumstances that may have affected the decision on the application, or may have affected a decision to grant entry permission in reliance on that visa [A5.45.5].
-
(d) False or misleading information in an Expression of Interest (EOI) — the person, either personally or through an agent, notified an EOI in which:
- false or misleading information was provided as part of the EOI or associated submission; or
- relevant, potentially prejudicial information was withheld from the EOI or associated submission [A5.45.5].
Exceptions
The disqualifying criteria at (c) and (d) do not apply to [A5.45.5]:
- an applicant who was less than 18 years old at the time the prior application was made, the EOI was submitted, the statement was made, or the information, evidence or submission was provided;
- cases where an immigration officer recorded a determination that the incident(s) of false, misleading or withheld information was or were not a character issue requiring a character waiver;
- a non‑principal applicant or submitter included in the prior application or EOI as a dependent child, provided the false, misleading or withheld information is not about that applicant.
Note:
- Withholding material information or a material change of circumstances 'which may have affected the decision' in (c)(i) or (c)(ii) does not require that the information would necessarily have led to a decline decision; it only means the concealment deprived INZ of a relevant line of inquiry.
- The obligation in (c)(ii) to advise an immigration officer of a change of circumstances does not extend beyond the time the person is granted a visa [A5.45.5].
A5.45.6 Clarifications regarding false, misleading or withheld information
- 'Application for a New Zealand visa (or a permit under the Immigration Act 1987)' in A5.45.5(c) includes applications for a variation of conditions, variation of travel conditions, or reconsideration [A5.45.6].
- A decision that A5.45.5(c) applies due to provision of false or misleading information does not require the officer to determine whether the applicant personally knew the information was false, knew it was provided to INZ, or intended to deceive [A5.45.6].
- A decision that A5.45.5(c) applies due to withholding of information requires the officer to be satisfied that the applicant (or their agent) knew the information, but does not require the officer to determine whether the applicant personally intended to withhold or deceive [A5.45.6].
- If an agent acting on the applicant's behalf provided false or misleading information, the officer does not need to determine whether the agent knew it was false [A5.45.6].
- A document found to be forged or altered in an unauthorised manner is considered false information even if the substantive content is true [A5.45.6].
A5.45.7 Exception for information connected to a report of migrant exploitation
Despite A5.45.5(c), an immigration officer may disregard any false, misleading, or withheld information in a visa application or variation of conditions where [A5.45.7]:
- the officer is satisfied the incident(s) are connected to a report of exploitation made to MBIE; and
- the report was assessed as credible, evidenced by a Report of Exploitation Letter issued by MBIE.
However, A5.45.5(c) does apply to any false/misleading/forged information supplied in the course of applying for a Migrant Exploitation Protection Visa, including in the report of exploitation [A5.45.7].
A5.45.10 Assessment of character waiver (temporary entry)
Despite A5.45.5(a)–(d), an immigration officer must consider whether the following factors are compelling enough to justify granting a character waiver [A5.45.10]:
- the applicant's reason for travelling to, or remaining in, New Zealand;
- any surrounding circumstances; and
- the public interest.
If A5.45.5(c) or (d) applies, the officer must also consider [A5.45.10]:
- the significance of the false, misleading or withheld information with respect to the outcome of the application or EOI;
- the nature and extent of the applicant's intentions and involvement in the provision of the false, misleading or forged information, or in the withholding of information;
- the extent to which the applicant exercised reasonable diligence in ensuring INZ was provided with complete and accurate information; and
- whether Article 31 of the Convention Relating to the Status of Refugees applies.
Immigration officers must record the reasons for their decision to grant or not grant a character waiver. Any decision to grant a character waiver must be made by an immigration officer with Schedule 1–3 delegations [A5.45.10].
Risk to New Zealand's international reputation (A5.30)
Applicants will normally not be granted a residence class visa or a temporary entry class visa if any applicant in the application would pose a risk to New Zealand's international reputation [A5.30]. This includes (but is not limited to) applicants who have or have had an association with, membership of, or involvement with any government, regime, group or agency that has advocated or committed war crimes, crimes against humanity or other gross human rights abuses [A5.30]. An applicant may also be considered a risk for other reasons [A5.30].
An immigration officer may decline an application under A5.30 on character grounds. When considering the application, the officer must disregard surrounding circumstances such as family connections in New Zealand [A5.30]. If the applicant falls within the category described in A5.30(b) (association with a government/regime that committed serious abuses), the officer may consider the nature and extent of the association, membership or involvement. If satisfied that the association was or is minimal or remote, the officer may grant the visa, provided all other instructions requirements are met [A5.30].
An exception applies for temporary entry class visas (other than under a Work to Residence category) where the applicant's entry or stay in New Zealand is considered to be in the national interest: the officer may grant the visa despite A5.30(b), subject to meeting all other instructions requirements [A5.30].
All decisions must comply with fairness and natural justice requirements (see A1) [A5.30]. The decision must be made by an immigration officer with Schedule 1–3 delegations [A5.30]. "Remote" for the purposes of A5.30.1(c) includes the passage of time since the applicant's association with the relevant government, regime, group or agency ended [A5.30].
Deferral of residence applications for character reasons (A5.35)
Under A5.35, applications for a residence class visa will usually be deferred for up to six months if, at the time of assessment [A5.35]:
- any applicant has an outstanding arrest warrant in any country; or
- any applicant has been charged with, is under investigation for, or is wanted for questioning about an offence that, on conviction, would make A5.25.5(a) apply [A5.25.5]; or
- the principal applicant is applying under the Family or Special Categories based on a relationship with a person whose own residence status is under investigation. In that situation, if the investigation cannot be finalised within the initial six-month deferral period, the application may continue to be deferred until it is [A5.35].
Note: For a resident visa holder applying for a permanent resident visa whose travel conditions are about to expire, further travel conditions can be granted for the duration of the deferral period [A5.35].
Action by immigration officer (A5.35.1)
The immigration officer must defer the decision for up to six months and inform the applicant in writing of the deferral and its period [A5.35]. The officer must await the outcome of the charge, investigation, questioning, or cancellation/execution of the warrant [A5.35]. If the character impediment is removed, processing continues normally; if it is not removed, the officer refers to the Head of Operations or Visa Operations Manager for a decision on a second or subsequent deferral under A5.35.5 [A5.35].
Second and subsequent deferrals (A5.35.5)
When the initial deferral period is ending and the outcome is still pending, a second or subsequent deferral may be imposed [A5.35]. That decision must be made only after consultation with National Office and MBIE Legal Services about whether a further deferral is justified and whether the period is reasonable given the likely timeframe and the applicant's efforts to reach an outcome [A5.35]. A second deferral must be approved by a Head of Operations or Visa Operations Manager or above [A5.35]. If the character impediment remains after a second deferral, a subsequent deferral may be imposed by the same level of decision-maker, with its length tied to the expected timeframe for an outcome [A5.35]. The applicant must be informed in writing of any second or subsequent deferral and its period [A5.35].
If the subsequent deferral period ends without a resolution of the character impediment, officers must assess the application under A5.25.10 (character waiver) [A5.25.10][A5.35].
Note: A deferral does not require granting the applicant a temporary entry class visa [A5.35].
Police certificate requirements
A5.5 specifies when police or similar certificates are required [A5.5].
- Residence class visas: Applicants aged 17 and over must provide police certificates from their country of citizenship and each country they have lived in for 12 months or more in the last 10 years (unless an exception applies) [A5.5]. First‑time applicants are mandatory; further residence class visa applicants under RV2 or RV4 will not usually need to submit a certificate unless asked [A5.5].
- Temporary entry class visas: Applicants aged 17 and over intending to stay in New Zealand for 24 months or longer (including time already spent in New Zealand) must provide certificates from their country of citizenship and any country lived in for 5 years or more since age 17 [A5.5]. Global Workforce Seasonal Visa applicants must also provide a certificate regardless of length of stay [A5.5].
- Student visa exception: Student visa applicants do not have to provide a certificate until they are aged 20 or over if they held a student visa at age 17, have held consecutive student visas (or interim visas with study conditions), and are applying for a further student visa [A5.5].
- Other exemptions: Applicants for a Migrant Exploitation Protection work visa, Essential Skills work visa (if a certificate was provided with a previous application), 2022 Special Ukraine Visa, and Afghan Emergency Resettlement Category (if unable to obtain) may not need to provide a certificate [A5.5].
- 2021 Resident Visa Category: Only a New Zealand Police Check is required; INZ requests this on the applicant's behalf [A5.5].
- Officer discretion: An immigration officer may still require a police certificate even if an exemption applies [A5.5].
Police certificate validity, reuse, and unavailability
A5.10 contains the operational rules for the lifespan, reuse, translation, and alternative arrangements for police certificates [A5.10].
- Age of certificate: All police certificates must be less than six months old when an application is lodged, unless an immigration officer with appropriate delegation waives that requirement, or unless A5.10(d) applies [A5.10]. If a certificate becomes one year old from its date of issue before a decision is made, INZ may request a newer certificate [A5.10]. Officers may also request new certificates within the 12‑month window if good reason exists [A5.10].
- Reuse for temporary visas: A police certificate submitted with a previous application may be reused for a further temporary entry class visa (other than a student visa under U4.10) made within 24 months of the certificate's issue date [A5.10]. For student visas, reuse is allowed for fee‑paying foreign students or PhD students within 36 months of issue [A5.10]. Partners and dependants of PhD students can also reuse a certificate within 36 months for temporary entry class visas [A5.10].
- Reuse for residence: Certificates may be reused for residence class visa applications under the Partnership Category (F2) or Dependent Child Category (F5) made within 24 months of the certificate's issue date [A5.10].
- Costs: The applicant must meet all costs of obtaining a police certificate [A5.10]. INZ publishes country‑specific guidance on obtaining certificates at www.immigration.govt.nz/policecertificate [A5.10].
- When a country does not issue certificates: If a country does not issue police certificates to individuals and no guidance is available, an immigration officer may proceed without that certificate and obtain necessary clearances before deciding the application [A5.10].
- Translation: Any police certificate not in English must be accompanied by a translation (see A13.5) [A5.10].
If police certificates are unavailable or unduly difficult to obtain
For residence class visas, police certificates are a mandatory requirement for most applicants aged 17 or over, unless they are applying for a further resident visa under RV2 or RV4 [A5.10]. They are also required for some temporary entry class visas as set out in A5.5a [A5.10].
The only exception is where an immigration officer holding the position of immigration manager or having Schedule 3 delegations or above is satisfied that such certificates are not available or would be unduly difficult to obtain (for example, where the country's authorities will not generally provide them) [A5.10].
Evidence of undue difficulty may include:
- information that the country's governmental infrastructure is no longer functioning [A5.10]; or
- circumstances beyond the applicant's control that prevent obtaining the certificates (not including difficulty paying the costs or delays) [A5.10].
If the immigration manager or officer with Schedule 3 delegations is satisfied a certificate is not available or unduly difficult to obtain, they may require the applicant to provide a statutory declaration in both English and the applicant's own language. The declaration must:
- detail the attempts made to obtain a police certificate [A5.10];
- declare whether the applicant and any accompanying family members have been convicted, found guilty, or charged with offences in that country (or state they have not been charged) [A5.10]; and
- be corroborated by other information confirming the applicant's character [A5.10].
Any decision to waive the requirement for a police certificate or the statutory declaration must be made by an officer with Schedule 3 delegations or above [A5.10].
Clean Slate Act considerations
When assessing character, immigration officers must consider the Criminal Records (Clean Slate) Act 2004. Under A5.5.1, New Zealand convictions covered by the Clean Slate scheme cannot be used against an eligible individual, and INZ cannot request disclosure of those convictions [A5.5]. If the person voluntarily declares the convictions, that information may be used [A5.5].
Interpretation & edge cases
The application of the character requirements is determined by the specific provisions under A5, which are binding on decision‑makers [A5]. A5.1 expressly references the possibility of waivers, special directions, and the discretion available under A5.30.1, although the detailed criteria for those are contained in that separate section [A5.1]. A5.5 sets out mandatory police certificate requirements but also allows officers to request certificates in additional cases [A5.5]. A5.10 gives officers further tools to manage situations where certificates are old, can be reused, or cannot be obtained at all, including the statutory declaration pathway [A5.10]. A5.20 creates a hard statutory bar for persons with specified convictions, deportations, or risk profiles; the only avenues for entering or remaining are a special direction or a limited visa under the Act, and the bar does not apply to returning residents or persons with diplomatic immunity [A5.20].
For residence class visas, A5.25 introduces a distinct two‑stage process: first, an officer must determine whether any of the disqualifying grounds in A5.25.5 (convictions, false/misleading information, hate speech/membership) apply; second, if a ground applies, the officer must consider whether the surrounding circumstances justify a character waiver under A5.25.10 [A5.25][A5.25.10]. The waiver assessment is fact‑intensive and must take into account specific factors depending on the ground, such as the significance of false information, intentions, and any refugee Convention considerations [A5.25.10]. Certain exceptions for minors and dependent children, as well as a limited migrant‑exploitation safe harbour, may avoid a disqualifying finding altogether [A5.25.5][A5.25.7].
The deferral provisions in A5.35 create a mechanism to pause residence applications while character-related issues are live, rather than forcing an immediate decline or waiver. They are mandatory for officers, and the path from deferral to eventual waiver assessment under A5.25.10 after subsequent deferrals ensures that unresolved character questions are not permanently prejudicial [A5.35][A5.25.10].
Employer obligations under the Crimes Act
An employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) who supports a visa application, or provides an offer of employment in support of an application, must not have been convicted at any time of an offence under the following sections of the Crimes Act 1961 [R5.111]:
- Section 98 (Dealing in slaves)
- Section 98C (Smuggling migrants)
- Section 98D (Trafficking in persons)
Effective 11/04/2024.
Citations
- A5 — Character requirements
- A5.1 — Visa applicants must meet character requirements
- A5.5 — Character checks
- A5.10 — Police certificates
- A5.15 — Summary of character requirements
- A5.20 — Who must not be granted a visa or entry permission
- A5.25 — Convictions, false information and other matters which may cause applicants not to meet character requirements for residence
- A5.25.5 — Ineligibility due to convictions, false information, and other matters
- A5.25.6 — Clarifications regarding false, misleading or withheld information
- A5.25.7 — Information, evidence or submission connected to a report of migrant exploitation
- A5.25.10 — Assessment of character waiver
- A5.30 — Risk to reputation
- A5.35 — Residence applications usually deferred
- A5.45 — Convictions, charges and other matters which may cause applicants not to meet character requirements for temporary entry
- A5.45.5 — Ineligibility due to convictions, charges, investigations and false information
- A5.45.6 — Clarifications regarding false, misleading or withheld information
- A5.45.7 — Information, evidence or submission connected to a report of migrant exploitation
- A5.45.10 — Assessment of character waiver (temporary entry)
- R5.111 — Compliance with the Crimes Act
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