Page 3 of 23 FirstFirst 12345 ... LastLast
Results 21 to 30 of 229

Thread: Ombudsman complaint re: cherry-picking of SMC applications

  1. #21
    Join Date
    Feb 2017
    Location
    United Kingdom
    Posts
    60

    Default

    Hi robbo - looks like we're in the same sinking boat It's literally the first thing I wake up to in the morning and the last thing I think about before falling asleep - I probably check this forum more often than my own e-mails!
    I wonder how many other people are 'trapped' in a job where their employer holds the fact that they are essentially bound to them via the ESV...and can afford to treat us unequally to our kiwi counterparts, as they know we're reliant on them to get our SMC Visa.

    I know most people on this forum are those that perhaps haven't been processed within the 50-70% SMC visa processing timeline, but I could really use to hear a positive story from one of us "regular" applicants to give me some sort of hope that our applications aren't on the bottom of the pile and that some attention is paid to us as well. I'm just worried that the INZ internally set rules for prioritization will keep becoming more flexible (e.g. prioritisation due to accredited employer) and us "regulars" will keep being pushed further and further down the queue.

    I'll give it a couple of more months before I start re-thinking my options, as this is a massive slog on my mental health. Perhaps Europe isn't that cold after all

  2. #22
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    298

    Default

    Thank you so much you selfless angel , Egoodhue, you became our voice. It appears that SMC applicants are the most useless creation on planet for INZ.

    I moved my family here in September 2017, have brought approx $ 0.4 M from my country through banking channels and have spent on the education of my wife and children so far. I took retirement from my high ranking precious job in my country and joined my family here in Nov last year with a dream to live in a country where justice was every thing. As my wife is still in last year of her PhD, so I took up job and applied for SMC in July this year. The growing wait time has put me in severe depression. My daughter’s next fee is due in Feb which amounts to $35000 which is drilling me towards more financial hardships. My eldest son who is also included in SMC application has not met his mother and siblings from last 2 years. He was refused study visa twice and now as he is part of pending SMC application, I can’t apply for his visit visa. Being a father and head of family, I read this forum and curse my decision to move to this country where I have no clear sight of our future.

    Egoodhue, is there any chance that we move a case in court collectively? Is ombudsman complaint a same thing? If there are any expenses involved to move a case to court, I am ready to pay my part and I am also ready to show up my whole circumstance without any fear of loss / damage. I can go all out if it can result into a collective good for SMC applicants.

    I wish you and your baby a healthy life ahead. May the divine reward you for your kindness.

  3. #23
    Join Date
    Apr 2019
    Location
    New zealand
    Posts
    136

    Default

    I can understand your situation Tariq , I am too tempted to file a complaint to ombudsman after Erin gets back with her Client's escalation request result.

  4. #24
    Join Date
    Mar 2019
    Location
    new zealand
    Posts
    183

    Default

    @mad_wild - yes our situations seem pretty similar. I'm going to give it a couple more months too and then call it a day. INZ don't realise they are playing with peoples LIVES. If we do get approved it's life changing and if we don't it's life changing too!
    It feels as though we are nuisances for applying... even though we meet the criteria that is set!?

    I would love to see a working NZ without immigrants..... ha ha

  5. #25
    Join Date
    Sep 2019
    Location
    New Zealand
    Posts
    26

    Default

    Hello EGoodhue,

    I am currently pending for a CO. As my PhD scholarship expires on 1 June 2020. I have requested the EVE via the email; however, the Immigration Manager, Emma declined my request within only 3 hours. I do not believe that she had carefully looked through my letter and all other supporting documents. What can I do, as the university does not allow me to extend the scholarship? (The university has already replied to me at least three times telling me the scholarship offer is not extendable. )

    I also listed other circumstances in the letter; but it was maltreated by Emma. I felt so annoyed.

    I look forward to your response. And, if you are willing to help, please contact me via my email address: [Edited to remove email address from this open thread because of Forum Rule 10, see here. https://www.enz.org/forum/showthread.php?t=40236 Please use the PM system instead, which will be available once you have made one more post on any thread.] I will be really happy to send you more details.

    Kind regards

    Victor

  6. #26
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

    Default

    Ombudsman Complaint Part 1:

    4 December 2019

    The Ombudsman
    Via email to info@ombudsman.parliament.nz

    To whom it may concern,

    I wish to make a complaint about Immigration New Zealand (INZ) and the current method of allocating lodged Skilled Migrant Category (SMC) applications to Immigration Officers for assessment.

    For several years, INZ operated their queue of lodged SMC applications on a ‘first in, first out’ basis, whereby the queue was organised by the date that applications were accepted or lodged and the oldest lodged applications were the first in the queue to be allocated to Immigration Officers for assessment. Earlier in 2018, INZ implemented a process of “fast-tracking” the allocation of some SMC applications that met certain criteria – a criteria that has been arbitrarily set by INZ themselves and has no basis in immigration instructions. It appears that this method of cherry-picking and queue-jumping of certain applications by INZ is now the predominant method of allocation, resulting in a significant backlog of older applications in the SMC queue – applications that still meet the required points threshold to be allocated and assessed by an Immigration Officer.

    Prioritisation of certain applications becomes apparent
    It became apparent to me that allocations of SMC applications were happening on a different basis in October 2018 when I lodged one client’s SMC application on 7 September 2018 and then another client’s SMC application on 25 September 2018, and the later-lodged application was allocated to an Immigration Officer for assessment within 1 month while the earlier-lodged application took almost 5 months to be allocated to an Immigration Officer. When I questioned one of the SMC team Immigration Managers about the discrepancy in allocation timeframes in relation to the two application’s lodgement dates, I was informed that “priority allocation” was facilitated for some SMC applications if an application met the following criteria:

    • Salary is above the high remuneration threshold
    • Occupation is one that requires registration through a governing body and applicant holds current registration
    • Employer is a government department
    • Application is under the Residence from Work stream

    The Immigration Manager also advised me that these criteria were subject to change at any time (emails attached). At that time (end of October 2018), it was taking around 3 months for an SMC application to be allocated to an Immigration Officer from the time it was lodged and applications from the main queue which didn’t meet the priority criteria were still being allocated on a regular basis. However, this appeared to change in July 2019, when it became apparent that the majority of SMC applications being allocated were those that met INZ’s internally-set priority criteria and very few other applications from the main queue were being allocated for assessment, resulting in the main queue becoming static from July 2019 onwards.

    Regular tracking of allocation timeframes
    As I am representing several clients with SMC applications that have been lodged with INZ over the course of 2019, I have been keeping in regular communication with Immigration Managers in the SMC team regarding the allocation timeframes during the year, as I like to update my clients regularly and manage their expectations around how long it’s likely to take INZ to process their SMC application (evidence of emails attached). The following table summarises these communications, and shows how the allocation timeframes have continued to increased significantly in the second half of 2019, due to most allocations being made on the basis of INZ’s priority criteria rather than the ‘first in, first out’ basis of previous months:




    Date of my email to INZ regarding current allocation timeframe Date that the applications being allocated to Immigration Officers at the time of my email were lodged, as per the email response from INZ Total time taken (in days) to allocate applications from lodgement to allocation (allocation date less lodgement date)
    09/01/2019 27/08/2018 135 days
    22/01/2019 11/09/2018 133 days
    15/02/2019 04/10/2018 134 days
    22/02/2019 11/10/2018 134 days
    28/02/2019 16/10/2018 135 days
    08/03/2019 24/10/2018 135 days
    26/03/2019 30/10/2018 147 days
    29/03/2019 02/11/2018 147 days
    17/04/2019 07/11/2018 161 days
    30/04/2019 12/11/2018 169 days
    10/05/2019 20/11/2018 171 days
    23/05/2019 27/11/2018 177 days
    24/05/2019 28/11/2018 177 days
    31/05/2019 03/12/2018 179 days
    27/06/2019 06/12/2018 203 days
    08/07/2019 07/12/2018 214 days
    15/07/2019 07/12/2018 221 days
    22/07/2019 07/12/2018 228 days
    02/08/2019 07/12/2018 239 days
    12/08/2019 07/12/2018 249 days
    22/08/2019 07/12/2018 259 days
    10/10/2019 07/12/2018 308 days
    18/11/2019 11/12/2018 343 days
    28/11/2019 11/12/2018 353 days

    As you can see, the timeframe between lodgement and allocation to an Immigration Officer appeared to increase significantly from early June and then the queue appeared to become static from early July until now, with applications lodged on 7 December 2018 comprising the front of the allocation queue for over 4 months between July and November. When the response to my enquiries regarding the lodgement date of applications currently being allocated remained the same for several weeks, I enquired further as to why no progress had been made in the queue.

    Lack of movement in queue since July queried
    At first, in mid-July, I was told by an Immigration Manager that fewer staff meant that fewer applications were being allocated out on a regular basis. Further enquiries made in late-July elicited evasive responses from Immigration Managers, simply stating that allocations were taking place albeit at a lower than average rate.

    When I queried the queue still being stuck at 7 December 2018 in August, I was told that the number of applications being received exceeded the number able to be allocated, but this did not explain why the older applications were not moving from the queue. When queried further, an Immigration Manager confirmed that allocations were taking place both on the basis of date-order from the queue as well as INZ’s internally-set priority criteria and requests made via the Employment Visa Escalation process. The Manager was unable to tell me what percentage of allocations were being drawn from the main queue and what percentage were allocated on the basis of the priority criteria and EVE process, simply stating that it varied from week to week.


    In October, an Immigration Manager confirmed that inflows of applications meeting the priority criteria and those requested to be prioritised through the EVE process were responsible for slowing the progress of allocations from the main queue. It became apparent that the majority of SMC applications being allocated to Immigration Officers have been those that met INZ’s own internally-set priority criteria for many months now. This has resulted in a significant backlog in the main queue and substantially longer wait times for those applicants who do not meet INZ’s internally-set priority criteria. I submit that INZ’s method of allocating SMC applications that meet internally-set criteria over all other SMC applications is currently very unfair to the vast majority of SMC applicants.

  7. #27
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

    Default

    Ombudsman Complaint Part 2:

    Lack of transparency and the impact on applicant’s lives
    INZ have not been transparent with applicants about the method in which SMC applications are allocated and the timeframe guidelines shown on the INZ website are not an indication as to when applications in the queue are likely to be processed, as admitted by an Immigration Manager to me recently. So, applicants are left in the dark as to how long it is likely to be until their application is allocated and assessed. Such a lack of guidance from INZ is resulting in significant levels of stress and anxiety among applicants who have little indication as to when their long-term future in New Zealand will be secure. These applicants have decided to make New Zealand their permanent home, yet they are prevented from doing a great many things to officially make this country their home, such as purchase a house or start a family, due to INZ’s ever-increasing processing timeframes.

    Furthermore, in the 12+ months it is currently taking for INZ to allocate and assess SMC applications, significant changes can occur in an applicant’s circumstances, which can affect details in their applications. In 12 months, babies can be conceived, carried and born, relationships can change, health issues can develop and job opportunities can arise. Many applicants I have been in touch with report missing out on promotions at work due to their uncertain future status in New Zealand and their employer not willing to invest in further training or offer promotions to those without resident status. Furthermore, supporting documents provided with SMC applications are current at the time of lodgement but, by the time an application has sat in the queue for 12+ months and is finally allocated to an Immigration Officer, the assessing Officer is likely to request updated documents from the client for the purpose of their assessment being based on current circumstances. This is onerous and unfair to the client who did what was required of them at lodgement stage by providing all the required supporting documents and the burden of INZ’s processing delays is being put on them, having to gather together even more documentation to supply 12+ months later.

    Temporary visas also often expire in the time that an SMC application is waiting in the queue, forcing applicants to undergo the work visa application process again, along with the prohibitive cost involved, in addition to the over $3,000 in INZ application fees they have already paid for the Residence application process. An applicant’s temporary visa nearing expiry despite their SMC application being in the queue for almost a year is not reason enough for INZ to facilitate priority allocation of the SMC application, as I have found from experience, with applicant’s being told by INZ that they simply have to apply for another temporary visa to cover the period until their SMC application is finally allocated and no apparent consideration given by INZ to the time, effort and cost required to do so.

    Flow-on effects of increasing use of prioritisation criteria
    INZ’s method of appearing to focus on allocating mainly those SMC applications which meet their own internally-set priority criteria has created a queue within a queue and INZ have indicated that there is no plan to cease this method in the near future. In fact, an Immigration Manager advised me on 26 November that wait times are likely to increase into 2020 and there are no plans to increase resourcing or implement any kind of efficiency gains going forward in order to manage the backlog and increasing wait times. It is this apparent attitude of “We will do as we please and it will take as long as it takes” that INZ has displayed in my recent communications with them that has given rise to my submitting this complaint at this time. INZ have not demonstrated any consideration for the effects that their flawed allocation method and resulting backlog are having on SMC applicant’s lives.

  8. #28
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

    Default

    Ombudsman Complaint Part 3:

    Prioritisation criteria not allowed for in instructions
    Instructions at A16.1 about the order of processing Residence applications gives first priority to SMC applications with job offers. There is no reference in instructions as to the type of job offer, employer or salary level. While instructions do mention that Immigration Officers may accord urgency to the processing of a particular Residence application, it also states that this applies when individual circumstances so warrant that, rather than applying set criteria to certain groups of applications. INZ have not made their internally-set prioritisation criteria publicly available and are applying these criteria covertly, while thousands of other applicants are left in limbo as their applications become lost in the backlog and are pushed further and further away from allocation as INZ increasingly prioritise more recently-lodged applications that meet their own criteria.

    The criteria for being eligible to apply for Residence under SMC is a claim of 160 points or more. Every applicant in the SMC queue has claimed 160 points for more and therefore has as much right to be assessed in the order of lodgement date as any other applicant in that queue. Picking applications out of the queue and fast-tracking them based on an arbitrarily selected criteria which has no basis in instructions is unfair and flawed. INZ’s indication that they don’t intend to cease fast-tracking applications based on their own criteria demonstrates a lack of consideration for the impact on the lives of real people that the resulting backlog and further increased wait times this method is going to continue to have. This method benefits a select-few people while thousands of others wait patiently for their turn for assessment and also skews INZ’s average processing time statistics, as pulling recently-lodged applications out of the queue lowers the overall average processing timeframe unfairly.

    Correspondence with INZ management
    I have attempted to correspond with INZ management team members about this issue of queue-jumping certain applications resulting in a growing backlog, via emails to Assistant General Manager Peter Elms and Visa Operations Manager Christine McGaughey (attached). However, these emails have gone unanswered and it seems that INZ has no interest in engaging in communication about the issues their method of allocation is causing.

    Summary of issues
    In summary, I have felt compelled to write this complaint due to the fact that the current priority allocation of SMC applications that meets INZ’s own internally-set criteria is:
    1. Resulting in a significant backlog of applications that were lodged up to 12 months ago, as more recently lodged applications are allocated regularly ahead of the older applications; and
    2. Causing huge emotional and financial hardship on those applicants caught in the backlog, whereby they are unable to make long-term plans for settling in NZ until their resident visa status is secured and are required to apply for further costly temporary visas during the time that their Residence application is stuck in a queue; and
    3. Placing the burden of INZ’s delays on the applicants, whereby they are being requested by INZ to provide more up-to-date documents by the time their application finally gets allocated for assessment, despite the fact that the applicant did all that was required of them by providing current documents with their application at the time it was lodged; and
    4. Not supported by immigration instructions at A16.1

    Request for investigation
    I urge the Office of the Ombudsman to please investigate the practice of prioritising certain SMC applications based on INZ’s own internally-set criteria, which has resulted in a significant backlog and increased wait times for thousands of applicants who already meet the required threshold to be eligible to apply for Residence as per immigration instructions. Particularly the apparent practice of allocating significantly more applications on the basis of the internally-set criteria than those from the main queue since July this year.

    I can be contacted on 021 02624616 for any further information about any of the details above or the supporting documents attached.

    Yours Sincerely,

    Erin Goodhue
    Licensed Immigration Adviser (201701320)

  9. #29
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

    Default

    Thanks so much for your input everyone - above is the submission I've made to the Office of the Ombudsman this afternoon.

    I would strongly encourage anyone else feeling very strongly about the current method of allocation of SMC applications which has resulted in the backlogs and increased wait times to send a complaint to the Office of the Ombudsman. It's free and the Ombudsman website does state that, where trends in the types of complaints received are observed, the justification for investigation is elevated. So the more the Office of the Ombudsman hears about what INZ are doing and how this is affecting people, the more they're going to realise that there's something going on that needs to be looked into.

    I'll do my best to answer other questions that people have asked over the past few days when I find a free moment - but I'm in the middle of a week where a 12-week old baby is refusing to sleep for longer than 30 minutes at a time, which means my "work life" is pretty much on hold again right now!

  10. #30
    Join Date
    Apr 2019
    Location
    New zealand
    Posts
    136

    Default

    Thank you Erin !!!!
    I wish I knew you before ,I would have lodged my application through you.
    You are a good person , May God bless you and your Family .

Page 3 of 23 FirstFirst 12345 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •