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Thread: ITA Failed Lodgement - Can I dispute?

  1. #1
    Join Date
    Feb 2017
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    United Kingdom
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    60

    Default ITA Failed Lodgement - Can I dispute?

    As the title says my ITA paperwork is on my way back to me due to an X-ray I had submitted with a previous visa application being deemed as invalid as they have assessed me as having living outside NZ for more than 6 months between the submission of my previous X-ray submission and my new SMC visa application (this info just coming from an INZ helpdesk lady). I had never heard of a policy that requires you to get a new x-ray just because you've been living outwith NZ for more than six months, and nor had she, she was just relying the information to me! My x-ray certificate is from about 24 months ago.

    I am aware of the policy for using existing X-ray's for SMC Visa Application:
    "Even if you sent us a chest x-ray certificate with an earlier visa application, you must get another x-ray if:
    it has been more than 3 years since you had the last one, or
    you have spent more than 6 months in a row in a country that does not have a low incidence of TB since you had the last x-ray."

    During my brief (8 months absence from NZ) I did not spend any extended amount of time in countries that have a high incidence of TB, in fact I was working in the UK for 6 months, briefly traveled to Mexico for 1.5 months and visited my home country of Latvia for 2 weeks. Surely they can see this by checking my travel records right?! So I am completely baffled as to why they require me to do another chest x-ray. I mean a part of me wants to just give in & bite the bullet and do it (ah, what's another $200 eh?) and resubmit the application, but another part of me wants to fight this if I am in the right, as I think they have largely overlooked this in my application and it infuriates the hell out of me!

    So just wanted to ask if anyone have any experience in disputing/querying a failed lodgement for SMC before? Or will I just look silly, waste lots of time and my application will get put in the slowest moving queue humanly possible for me being branded "difficult"?

    To be perfectly honest I think they are just taking a mickey and trying to delay as many new SMC applications as they can. Even if I dispute this, it'll be another 2 weeks for my bloody application to even enter into the processing queue AGAIN. It took them 2 weeks between me sending the full application form and them flipping telling me of this "invalid" x-ray! Why wouldn't they just call or e-mail,why send the WHOLE application back to me?!

  2. #2
    Join Date
    Feb 2008
    Posts
    37,843

    Default

    Sympathies with your frustration.

    People who dispute things like this rarely win over INZ, it being a huge government bureaucracy. It's always annoying - as adults, we're used to being able to control a lot of what happens to us, but in this situation, we most often have to accept being ground by their 'machine'.

    I do see your point about the need for an X-ray being arguable, but I'd say, think whether you'd rather spend time on the argument, or get your visa more quickly by just giving in.

    On your last point - returning the whole application - that's normal practice, because many people make an invalid submission then never come back with the missing documents/evidence/etc., because they CAN'T (and if they did, they might take months to do so), so on principle, INZ won't retain the incomplete cases to clutter up their system.

  3. #3
    Join Date
    Feb 2017
    Location
    United Kingdom
    Posts
    60

    Default

    Hi JandM,
    Thanks for your reply, honestly I sometimes think you're the calming force for all of our oceans of anxiety on this forum!
    I just received my application back with a letter - they acknowledged that my previous x-ray I submitted for previous temporary visa application (ESV) is still valid, however as I have resided outside of NZ for more than 6 consecutive months since the date of my last x-ray, a new certificate is required.
    As far as I can see this is not an official INZ policy for SMC visa (unless I had spent 6 consecutive months in a country with a high incidence of TB, which I have not), and as said above I think they're just taking me for a ride by trying to delay new visa applications....but oh well, X-ray booked in for tomorrow, so they will be receiving my full application back again tomorrow arvo.
    Last edited by mad_wild; 14th October 2019 at 10:46 AM.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,843

    Default

    Good luck.

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