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Travelling Overseas and Convictions
Can I still get a New Zealand passport if I’ve got a conviction? How will having a conviction affect my chances of getting an entry visa for overseas countries? Australia Canada United Kingdom United States
Travelling overseas can be an adventure, but you need to get your travel documents sorted out first, especially your passport and tickets. Generally the country you’re travelling to will want to know if you have a criminal record, and the country might decide not to let you in, depending on the type of conviction and how long ago it was.
You won’t get a passport if:
If none of these things apply to you, you are entitled to a New Zealand passport.
It depends on the country you are planning to visit. The things they usually take into account are how serious the offence is and how long ago you were convicted.
If you’re going to Australia, you’ll need to fill in a “Consent to Disclosure of Convictions” form. You can get one from the Australian Consulate General, Level 7, 132-138 Quay St, Auckland. If you’ve got any convictions at all you should fill in one of these. If you’ve ever been sentenced to 12 or more months of imprisonment, or a suspended sentence of 12 months or more, even if you didn’t serve the term, you must fill one in. Your record will be sent from the police, and the Consulate General will look at when you were convicted and how serious the offence was and decide whether to give you a visa. They’ll send you a letter to tell you what they’ve decided and what to do next. If you don’t need a visa, you will get the normal ‘special category’ stamp in your passport when you get there. Otherwise they might tell you to fill in an application form, and if your application’s successful you’ll then get a stamp in your passport before you travel.
It takes between three and four weeks for this to happen.
If you want to know how your convictions will affect your chances of getting an entry visa for Canada, contact the Canadian Consulate General in Sydney – fax 00612 9364 3099, phone 00612 9364 3050, web site www.canada.org.au.
You will be assessed as if the offence was committed in the UK. If the sentence for a similar offence in the UK is more than 12 months imprisonment, you’re unlikely to get a visa. You’ll be assessed on how serious the offence was, the penalty, how many convictions you’ve had and how recent they were. Entry restrictions range from a permanent ban for a serious crime to a stand-down time of up to 5 years for young people under 17. For example, if you’ve been convicted for converting a car and you got a fine, and you’ve had a period of good behaviour for several years since then, you’ll probably get a visa.
If you’re planning to travel, you’ll need to do the following:
If you tick ‘yes’ to having a conviction on the back of the visa application form, it goes to Immigration for a waiver. What they do will depend on what the offence is, how serious it is, how long ago it was committed, whether you have any other convictions, and how old you were at the time of the conviction. Decisions are made on a case by case basis. Apply to the
United States Consulate General,
General Building,
cnr Shortland and O’Connell Sts,
Auckland,
phone 303 2724, at least three months before you plan to travel.
Travelling overseas can be an adventure, but you need to get your travel documents sorted out first, especially your passport and tickets. Generally the country you’re travelling to will want to know if you have a criminal record, and the country might decide not to let you in, depending on the type of conviction and how long ago it was.
Can I still get a New Zealand passport if I’ve got a conviction?
You won’t get a passport if:
- There is a warrant out for your arrest (for example, if you don’t pay your parking fines); or
- You are on bail or parole or probation or you under a sentence of supervision (for example, prison or periodic detention); or
- You are required by a court order to remain in New Zealand (for example, because of a custody dispute).
If none of these things apply to you, you are entitled to a New Zealand passport.
How will having a conviction affect my chances of getting an entry visa for overseas countries?
It depends on the country you are planning to visit. The things they usually take into account are how serious the offence is and how long ago you were convicted.
Australia
If you’re going to Australia, you’ll need to fill in a “Consent to Disclosure of Convictions” form. You can get one from the Australian Consulate General, Level 7, 132-138 Quay St, Auckland. If you’ve got any convictions at all you should fill in one of these. If you’ve ever been sentenced to 12 or more months of imprisonment, or a suspended sentence of 12 months or more, even if you didn’t serve the term, you must fill one in. Your record will be sent from the police, and the Consulate General will look at when you were convicted and how serious the offence was and decide whether to give you a visa. They’ll send you a letter to tell you what they’ve decided and what to do next. If you don’t need a visa, you will get the normal ‘special category’ stamp in your passport when you get there. Otherwise they might tell you to fill in an application form, and if your application’s successful you’ll then get a stamp in your passport before you travel.
It takes between three and four weeks for this to happen.
Canada
If you want to know how your convictions will affect your chances of getting an entry visa for Canada, contact the Canadian Consulate General in Sydney – fax 00612 9364 3099, phone 00612 9364 3050, web site www.canada.org.au.
United Kingdom
You will be assessed as if the offence was committed in the UK. If the sentence for a similar offence in the UK is more than 12 months imprisonment, you’re unlikely to get a visa. You’ll be assessed on how serious the offence was, the penalty, how many convictions you’ve had and how recent they were. Entry restrictions range from a permanent ban for a serious crime to a stand-down time of up to 5 years for young people under 17. For example, if you’ve been convicted for converting a car and you got a fine, and you’ve had a period of good behaviour for several years since then, you’ll probably get a visa.
If you’re planning to travel, you’ll need to do the following:
- Get a disclosure form with your application for a visa from the British High Commission, PO Box 1812, Wellington.
- Fill out the disclosure form and send it to the address on the form.
- A list of your convictions will then be sent from the Office of the Police Commissioner to the British High Commission.
- The High Commission will look at your convictions and decide whether to issue you with a visa. If they’re not sure, you’ll get called for an interview.
United States
If you tick ‘yes’ to having a conviction on the back of the visa application form, it goes to Immigration for a waiver. What they do will depend on what the offence is, how serious it is, how long ago it was committed, whether you have any other convictions, and how old you were at the time of the conviction. Decisions are made on a case by case basis. Apply to the
United States Consulate General,
General Building,
cnr Shortland and O’Connell Sts,
Auckland,
phone 303 2724, at least three months before you plan to travel.
YouthLaw |
Latest page update: made by YouthLaw
, Dec 3 2008, 10:29 PM EST
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Keyword tags:
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| Started By | Thread Subject | Replies | Last Post | ||
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| Anonymous | Can you leave the country if you are on curfew? | 0 | Nov 11 2011, 10:39 PM EST by Anonymous | ||
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Thread started: Nov 11 2011, 10:39 PM EST
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hi, i am doing a study at school about the law and stuff& I was wondering if you can leave the country if you are on curfew?
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| Anonymous | Gaining access to NZ | 1 | Aug 15 2011, 7:16 PM EDT by Anonymous | ||
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Thread started: Aug 15 2011, 9:03 AM EDT
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I've been looking all over, but no information so far.
My partner is coming back to NZ with me in October, but my mum (also traveling with us) is concerned that his loss of license and a previous 12 month good behavior bond may prevent him getting into the country. Can anyone point me to the best information source or perhaps answer this for me? We are traveling from Australia. Mum and I are both NZ citizens. Partner is Australian, |
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| Anonymous | UK Ancestry Visa With Diversion.. | 1 | Jul 25 2011, 6:34 PM EDT by Anonymous | ||
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Thread started: Jul 22 2011, 7:57 AM EDT
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Hello,
just wondering about a few things.. im going for a UK ancestry visa, i have the following.. a diversion for receiving stolen goods 2 years ago loss of license for dermits 18 months ago, and a few no wof and reg fines.. and a warning or 2 but nothing furthur... what are my chances of getting one im not a bad person i work full time etc.. thanks |
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