Gathering momentum for SMC Visa processing delays - talk to the media!

[JandM]

That's fine, robbo1234. Good luck.

[ysc5]

Hey guys. I have a phone call booked with Gill on Monday. Please list your points that you want to get across, incase I miss anything out....

Good luck to the phone call.

I think we need to point out its unfair to the applicants and more importantly undemocratic way of doing things.

Even though they are the government, by accepting our application they should process our application in a fashion where it represent the value of a democratic nation.
They can't stop processing application just because they made a promise to keep immigration at a certain xxx number(which they have exceed anyway).
For instance, if they want to limit immigration to a certain figure that they have to bring it up in the Parliament for debate etc, and make it a law to limit xxx number of people each year.
Like what Australia skill migrant is doing, a certain number each year is open for each ANZSCO code.

Transparency is key to a successful Democracy, not some bs explanation like 'unexpected high volume of application'.

Thanks for going to the media and raising attention, unfortunately it seems this coalition government is rather anti immigration.

[TheNewKiwi]

For instance, if they want to limit immigration to a certain figure that they have to bring it up in the Parliament for debate etc, and make it a law to limit xxx number of people each year.

Actually, they don't. Immigration numbers are policy, not law. Policy changes only need approval of cabinet, not all of Parliament.

[ysc5]

Actually, they don't. Immigration numbers are policy, not law. Policy changes only need approval of cabinet, not all of Parliament.

ok. Then where's the policy ?

My point is, if they want to do something, make it known.
Why do it behind close door and then pride yourself to be Transparent government ?

And as a general rule, any changes should only affects the ones that have not gone "in".

[TheNewKiwi]

Then where's the policy ?

The prior residence programme target was set at 50,000-60,000, for the period from 1 July 2018 to 31 December 2019. That was announced on the INZ website, as well as covered by the media. Now that we are reaching the end of that period, a new target will be set and announced on the INZ website as well. They don't keep it a secret.

It is also no secret that the current government promised reduced immigration numbers, and to date has not delivered too well. NZ First campaigned hard on it, while Labour did more of a soft sell, following all their proposed immigration changes with the phrase, "We expect this change to reduce net immigration by *x amount*."

When the new targets are announced, I personally expect to see lower targets and harder to get visas.

And as a general rule, any changes should only affects the ones that have not gone "in".

Most changes do not affect those who already have a visa. For example, if they choose to change the rules for collecting NZ Super on a resident visa, that will only impact people granted residence after the change. People granted residence before the change would go by the old rules. However, as we have seen from the handling of the changes to the parent visa category, some things do impact those already in the queue but without a visa. I don't think anyone can predict how INZ will handle those people who have already applied for their residence visa but have not yet begun being processed.

[deverett]

The prior residence programme target was set at 50,000-60,000, for the period from 1 July 2018 to 31 December 2019. That was announced on the INZ website, as well as covered by the media. Now that we are reaching the end of that period, a new target will be set and announced on the INZ website as well. They don't keep it a secret.

It is also no secret that the current government promised reduced immigration numbers, and to date has not delivered too well. NZ First campaigned hard on it, while Labour did more of a soft sell, following all their proposed immigration changes with the phrase, "We expect this change to reduce net immigration by *x amount*."

When the new targets are announced, I personally expect to see lower targets and harder to get visas.



Most changes do not affect those who already have a visa. For example, if they choose to change the rules for collecting NZ Super on a resident visa, that will only impact people granted residence after the change. People granted residence before the change would go by the old rules. However, as we have seen from the handling of the changes to the parent visa category, some things do impact those already in the queue but without a visa. I don't think anyone can predict how INZ will handle those people who have already applied for their residence visa but have not yet begun being processed.

So I'm basing this off the community law website, but the immigration act 2009 determine how they have to make decisions and states:

Bound by policy – Immigration NZ has to follow their published residence policy as it was on the date you applied. The Minister of Immigration can grant you residence as an exception to policy but can’t reject your application if it meets the relevant policy.

So those in the queue should be assessed based on the policy and criteria at their point of application, so any new policy shouldnt impact us. This is what they did with the talent visas saying anyone that had an application in before a set date was bound by the old rules not the new ones.

There's some interesting information on the page actually:

https://communitylaw.org.nz/communit...nce-decisions/

For those that haven't found it the operational manual also makes for interesting reading:

https://www.immigration.govt.nz/opsmanual

In particular section A16.1 is the bit people are saying is being broken and the basis of a number of complaints to INZ and the ombudsman:

https://www.immigration.govt.nz/opsmanual/#44854.htm

Pursuant to section 26(4) of the Immigration Act 2009 and acting under delegated authority from the Chief Executive of the Ministry of Business, Innovation and Employment, I hereby give the following general instructions as to the order and manner of processing residence class visa applications under Government residence instructions:

First priority will be given to the following types and categories of applications for residence class visas in preference to applications under other types and categories:
Christchurch Response (2019) Category will have priority;
Skilled Migrant Category (SMC) applications with job offers;
All business categories;
Residence from Work category applications:
Talent (Accredited Employer);
Talent (Arts, Culture and Sport);
Long Term Skill Shortage List;
Refugee Policy;
Partnership and Dependent Child applications where the partner or parent is,
a New Zealand citizen, or
the holder of a permanent resident visa, and who has been absent from New Zealand for a period of at least two years prior to the date of the application being accepted for consideration apart from short visits within that period. (Note that in the case of a partnership application the New Zealand partner and the applicant must have been living together for 12 months or more in a partnership that is genuine and stable).

Add in comment d that says:

These instructions do not prevent immigration officers according urgency to the processing of any particular residence class visa application when the individual circumstances so warrant that.

So skilled migrants for part of the priority list and individuals may be given urgency if their circumstances so warrant. Notice the singular and use of individual, not entire subsets of the visa process.

[TheNewKiwi]

Excellent bit of research, deverett! I am sure it will put many minds at ease.

[cmavij]

It is still not clear for those individuals under the category "SMC without job offer and no urgent circumstances" I belong to this category and I don't have any clue on when INZ will begin processing my application..

[deverett]

So who is who in this one? Gill has obviously been talking to some more of us 😁

https://amp.rnz.co.nz/article/c889b6...f-9b8d02bd1b08

[VedSaumya]

So who is who in this one? Gill has obviously been talking to some more of us 😁

https://amp.rnz.co.nz/article/c889b6...f-9b8d02bd1b08

The article suggests that by May 2019 the quota for the year was almost full by those already approved and waiting. I think this indicates why applications from Dec. 11 were not allocated to case officer. Do you guys reckon that these now will be picked gradually in 2020 after the quota for the year announced? I am now a bit hopeful.