If you have a criminal conviction, a past deportation, an immigration breach, or even a "yes" answer to one of those uncomfortable character questions on the visa form — don't assume your New Zealand journey is over. Many people in this exact situation still secure visas every year through a process called a Character Waiver.
As Licensed Immigration Advisers, this is one of the most common — and most misunderstood — issues we deal with. Let's break down exactly how Immigration New Zealand (INZ) assesses character, when a waiver is available, and how to give yourself the strongest possible case.
What Are the Character Requirements?
Every person applying for a New Zealand visa must meet the character requirements set out in the Immigration Act 2009 and the Immigration Instructions A5. The rules differ slightly between temporary and resident visas, but the principle is the same: INZ wants to know that you do not pose a risk to New Zealanders.
You will fail the character test (and therefore need a waiver) if you fall into one of these common categories:
- You have been convicted at any time of an offence for which you were sentenced to 5 years or more in prison.
- You have been convicted in the last 10 years of an offence for which you were sentenced to 12 months or more in prison.
- You have ever been removed, excluded, or deported from any country (including New Zealand).
- You are believed to have committed, or been involved in, a serious crime — including war crimes, terrorism, people trafficking, or drug dealing.
- For temporary visas, you have any conviction in the last 5 years that resulted in imprisonment of any length.
- You have provided false or misleading information in an immigration application (this is one of the most common triggers people don't realise).
Reality check: Even a single drink-driving conviction can trigger character issues — see our guide on how DUI convictions affect NZ immigration.
What Is a Character Waiver?
A Character Waiver is a formal request, made under Immigration Instructions A5.25, asking the Minister of Immigration (or their delegated officer) to grant you a visa despite the fact that you do not meet the standard character requirements.
It is not automatic. It is not a right. It is a discretionary decision, and the burden is entirely on you (the applicant) to convince INZ that the waiver should be granted.
The good news is that a properly prepared waiver application has a real chance of success — but only if it's done correctly the first time.
When Can You Apply for a Waiver?
A character waiver may be available for most temporary and resident visa categories, including:
- Visitor, Student, and Work Visas
- Accredited Employer Work Visa (AEWV)
- Skilled Migrant Category (SMC) Residence
- Partner and Dependent Child Visas
- Green List Residence pathways
However, some character issues cannot be waived — for example, if you have ever been involved in war crimes, crimes against humanity, or terrorism, no waiver is possible. There are also stricter rules for applicants with serious violent or sexual offending.
How INZ Decides: The Five-Factor Test
When considering a character waiver, the immigration officer must weigh several factors set out in A5.25.5. In our experience, INZ pays particular attention to:
- The nature and seriousness of the offence or issue — A 20-year-old shoplifting conviction is treated very differently to a recent assault conviction.
- How long ago the offence occurred — Time is your friend. The further in the past, the easier the case.
- Whether there is a pattern of offending — A single, isolated incident is far more forgivable than repeated behaviour.
- Evidence of rehabilitation — Have you completed counselling, education, community service, or maintained stable employment since?
- Your ties to New Zealand and humanitarian factors — A Kiwi partner, NZ-born children, an offer of skilled employment, or strong community involvement all weigh in your favour.
What to Include in a Strong Waiver Application
This is where most self-prepared waiver applications fail — applicants either provide too little context, or include the wrong evidence. A compelling waiver package usually includes:
- A detailed personal statement explaining the circumstances, taking full responsibility, expressing genuine remorse, and showing what you've learned.
- Certified court records of the conviction (the charge sheet, the sentencing notes, and any probation reports).
- Evidence of rehabilitation — completion certificates for any programmes, letters from counsellors, references from employers.
- Character references from credible community members, employers, religious leaders, or NZ citizens/residents who know you well.
- Evidence of stable life circumstances since the offence — employment history, family relationships, community involvement.
- A clear explanation of your ties to New Zealand and the humanitarian impact if the visa is declined.
Common Mistakes to Avoid
We see the same self-prepared mistakes over and over:
- Minimising the offence ("It wasn't really that serious…") — INZ has the court records. Honesty and accountability are far more persuasive.
- Failing to disclose old or overseas convictions — Non-disclosure is itself a character issue under A5.25 and can permanently damage your credibility. See our PCC Checker to understand exactly which police certificates you need.
- Generic character references — A reference that says "John is a nice guy" is worthless. References must specifically address the offence and the applicant's rehabilitation.
- No evidence of rehabilitation — INZ wants to see proof, not promises.
- Treating it like a tick-box exercise — A character waiver is a persuasive legal submission. It needs structure, evidence, and a clear narrative.
What About Section 61 and Special Direction Requests?
If you are already unlawfully in New Zealand because of a character-related visa decline, your only remaining option may be a Section 61 request. This is a separate (and even more discretionary) process — read our full guide on how Section 61 requests work and how to give yourself a real chance.
Why You Should Use a Licensed Immigration Adviser
Character waivers are one of the most discretionary, high-stakes areas of NZ immigration law. A poorly prepared waiver isn't just declined — it can permanently damage your immigration record and make every future application harder.
A Licensed Immigration Adviser (LIA) can:
- Assess honestly whether a waiver is realistically possible in your case.
- Prepare a structured legal submission addressing every A5.25.5 factor.
- Gather and present rehabilitation evidence in the most persuasive way.
- Liaise directly with INZ on your behalf if questions arise.
If you, or someone you know, is worried about a past conviction, deportation, or honesty issue affecting an NZ visa application, we offer a free 15-minute confidential consultation to assess your options.
Book your free 15-minute consultation with a Licensed Immigration Adviser — your past does not have to define your future in Aotearoa.