Is it legal that INZ set priority for SMG applicants?

[junlong]

Since INZ started processing SMG applications based on the priority they set by high-remuneration, humanity and job registration, there have been more and more non-prioritised applicants waiting in the queue, and seems the queue is not moving forward for a long time, as the official timeframe for 90% of application has risen from 9 months to 13 months.

I assume the worst case would be that there will be more and more high-renumeration applicants and those whose job relates to some registration, and the rest of the applicants will stand in the queue forever. I just wonder if there's any regulation or legislation to back up this kind of priority when processing immigration applications?

I can understand priority for humanity reason, but I do not think it would be fair enough the same to prioritise high remuneration and registration-related groups. Especially in the case where a high-renumeration applicant has a partner who is not working, but s/he can be prioritised over the partner applicants who both work and have a higher sum of salary than the former.

Also, I have no idea why a job needing a registration can have higher priority. What's the relationship between the Resident visa and the job registration?

[deverett]

Is it legal? Yes, unfortunately I think it is.
Is it right? NO I don't think it is

Unfortunately for us all there's nowhere that says there is official service level agreements that they must hit, as a result they aren't technically breaking laws making us all wait. Everything we've read says indicative timeframes and always says it's subject to change and check their website. I feel the complete lack of SLA for mbie to be held accountable to is ridiculous, they would hold any business operating in New Zealand accountable against SLAs that are agreed yet they are exempt from having them.

Personally my feelings are that this allows them to cherry pick the easy to approve applications to help their numbers look good. It sounds like high renumeration and registered occupations tend to mean less work for a CO as checking payslips or occupational registration is way easier than deciphering a job spec and contacting all your old employers to see how skilled and experienced you are.

It is highly unfair, as you point out we earn over the threshold combined and are both mid skilled yet that is not a priority over someone earning less than us on their own who can be be lower skilled and be bringing an entire family in who won't be working at all, but that isn't factored in.

We are half expecting nothing until January now. The articles earlier in the year suggested they were hurtling towards their limits on approving too many people so this also feels like a way to slam the brakes on and keep their numbers looking nice on the processing times. Come the end of the year they may have some quota left to start on the main queue again. I do expect at the end of the year the news articles will say immigration is down, which it damn well should be considering that not one person that isn't in the priority criteria that has applied this year would have even been looked at.

[newarrival]

Is it legal? Yes, unfortunately I think it is.
Is it right? NO I don't think it is

Unfortunately for us all there's nowhere that says there is official service level agreements that they must hit, as a result they aren't technically breaking laws making us all wait. Everything we've read says indicative timeframes and always says it's subject to change and check their website. I feel the complete lack of SLA for mbie to be held accountable to is ridiculous, they would hold any business operating in New Zealand accountable against SLAs that are agreed yet they are exempt from having them.

Personally my feelings are that this allows them to cherry pick the easy to approve applications to help their numbers look good. It sounds like high renumeration and registered occupations tend to mean less work for a CO as checking payslips or occupational registration is way easier than deciphering a job spec and contacting all your old employers to see how skilled and experienced you are.

It is highly unfair, as you point out we earn over the threshold combined and are both mid skilled yet that is not a priority over someone earning less than us on their own who can be be lower skilled and be bringing an entire family in who won't be working at all, but that isn't factored in.

We are half expecting nothing until January now. The articles earlier in the year suggested they were hurtling towards their limits on approving too many people so this also feels like a way to slam the brakes on and keep their numbers looking nice on the processing times. Come the end of the year they may have some quota left to start on the main queue again. I do expect at the end of the year the news articles will say immigration is down, which it damn well should be considering that not one person that isn't in the priority criteria that has applied this year would have even been looked at.

I am a bit doubtful that someone with a lower skilled job would, on their own, earn more than two higher skilled workers together?

[Frankgo]

Probably is not illegal, but surely it is not fair.

[junlong]

That's true. I think his point is that it is not fair that the applicant with $110k salary sponsoring a non-working partner is prioritised over the partner applicants that are both working and earn probably $120k together. This is also my point. The new Parent category visa has the requirement that assumes one median salary ($55,000) is one parent, then there should be no difference in SMG, between the principle applicant earns a high renumeration with a $0 income partner, and the partner applicants who earn equal or more than high renumeration standard.

[junlong]

If the queue stops in Dec 2018, then it's very likely they won't be allocated to COs before Xmas, which also means this entire year is filled with all high renumeration, registration-related and humanity(I guess is the minority) applications. In 2020, who can guarantee that Dec 2018 application will be processed? Let alone those submitted in 2019.

I think applicants that suffers from this endless wait in the queue should stand out and do something to make INZ either remove the current priority scheme or give them pressure to improve their efficiency. I remember that a few months ago when people and businesses are complaining visa processing time, INZ said they are restructuring and hiring more to help out applications, but what I have seen is just more delay in the indicative timeframe.

[JandM]

I sympathise with the frustration being felt by all those in the hardly-moving SMC queue.

However, do bear in mind that decisions which we suspect are being made for political reasons, and handed down for INZ to carry out, are unlikely to be affected by the opinions of people without a vote - that is, your displeasure (as you are not yet residents or citizens) can't "touch" the people currently in government. And they don't have to care what your opinions are, or whether or not their decisions are seen as 'fair', because they are the ones with the power, at least up until the next election. Over the years I've been watching INZ, there have been many people who have set out (either on online forums or in newspaper articles) what seemed like solidly-based and well-argued criticisms of parts of the then policies which affected their applications, or those of people they cared about, but the ideas that got through and had the Minister of the time take action were ones that had the support of local communities (that is, voters).

[Tariq Shahzad]

JandM, I do agree that people with no right of vote are least to be heard. As the visa name reads, Skilled Migration Category, I am inclined to make this comment that this category are amongst those prominent people contributing in NZ economy. Without the pool of skilled migrants, NZ economy may suffer and make reverse movement. INZ treatment towards SMC visa is unfair and to some extent harsh. INZ must know, until you have resident status, mostly employers are hesitant to employ you because of your uncertain future. Skilled migrants in limbo are actually suffering mental health issues. INZ are required to take corrective measures sooner than latter, or else it will sound a negative beat for many who are still planning to move to NZ. If direction of Skilled people is re-directed to other markets which are more respectful to their talents; NZ market shall get badly affected.

[JandM]

Agreed, all along the line, but saying this HERE on a forum where most readers are "only" would-be migrants, you're preaching to the choir. This needs to be picked up by current NZ voters and told to the politicians, because ENZers don't have any clout, or teeth.

[Kelerei]

Agreed, all along the line, but saying this HERE on a forum where most readers are "only" would-be migrants, you're preaching to the choir. This needs to be picked up by current NZ voters and told to the politicians, because ENZers don't have any clout, or teeth.

This ENZer is a current NZ voter, at least.