Third Party Checks and SMC applications
Muhammad made this Official Information request to Ministry of Business, Innovation & Employment
The request was refused by Ministry of Business, Innovation & Employment.
From: Muhammad
Dear Ministry of Business, Innovation & Employment,
I am seeking for the following information under the OIA act:
1- How many SMC applications are still pending for a decision that was lodged before 20-March-2020? How many immigration officers are working on all SMC applications at the moment?
2- INZ received an internal advice in mid 2022 to conduct the third party checks (NSC) again for paper based SMC visa applications that were submitted before Covid lockdown and are still waiting for a decision. How long usually a NSC check is valid for? How INZ is going to treat those SMC visa applications who are suffered from this advice. Those SMC applicants are already waiting for a long time, in some cases 3 years or more, to get a decision on their application. It was the sole responsibility of INZ to process those applications on time which they clearly failed to do so. This new advice has added additional 6-12 months to the processing time because of delay in NSC checks at the moment. These SMC applicants are suffering more and waiting in a limbo because of overnight policy changes and RV21 despite paying more application fees compared to RV21 and other applications. INZ failed to allocate adequate resources to these SMC visa applications to ensure timely processing. Now, new policy changes and advices come along the way that are clearly affecting these applications. What steps will INZ take to ensure that they treat these applications fairly and it was worth waiting for this long for the applicants? Will these applicants get permanent residency or residence visa without any travel conditions? Most of SMC applicants are already onshore since their application lodgement, and waiting for 3 years and more.
3- What is current processing time of third party checks, especially NSC. In an response on 7 Nov 2022, NZSIS claimed that average processing time was 50 days. It seems that this time has increased many folds recently because many applicants are waiting from 6-12 months for third party checks (evidence from social media posts). Has NZSIS taken any steps to reduce this time without compromising the security and integrity of the process?
4- It is also evident that immigration officers are not supposed to follow up or escalate the third party checks before six months. NZSIS claimed 50 days then why immigration officers need to wait for 6 months to request escalation/follow up? It just doesn’t add up.
I can confirm that I am currently in NZ and I look forward to hearing from you.
Thank you
Yours faithfully,
Muhammad
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2223-1777
Dear Muhammad,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of the 14^th of February 2023 requesting under the
Official Information Act 1982 (the Act), the following:
“1- How many SMC applications are still pending for a decision that was
lodged before 20-March-2020? How many immigration officers are working on
all SMC applications at the moment?
2- INZ received an internal advice in mid 2022 to conduct the third party
checks (NSC) again for paper based SMC visa applications that were
submitted before Covid lockdown and are still waiting for a decision. How
long usually a NSC check is valid for? How INZ is going to treat those SMC
visa applications who are suffered from this advice. Those SMC applicants
are already waiting for a long time, in some cases 3 years or more, to get
a decision on their application. It was the sole responsibility of INZ to
process those applications on time which they clearly failed to do so.
This new advice has added additional 6-12 months to the processing time
because of delay in NSC checks at the moment. These SMC applicants are
suffering more and waiting in a limbo because of overnight policy changes
and RV21 despite paying more application fees compared to RV21 and other
applications. INZ failed to allocate adequate resources to these SMC visa
applications to ensure timely processing. Now, new policy changes and
advices come along the way that are clearly affecting these applications.
What steps will INZ take to ensure that they treat these applications
fairly and it was worth waiting for this long for the applicants? Will
these applicants get permanent residency or residence visa without any
travel conditions? Most of SMC applicants are already onshore since their
application lodgement, and waiting for 3 years and more.
3- What is current processing time of third party checks, especially NSC.
In an response on 7 Nov 2022, NZSIS claimed that average processing time
was 50 days. It seems that this time has increased many folds recently
because many applicants are waiting from 6-12 months for third party
checks (evidence from social media posts). Has NZSIS taken any steps to
reduce this time without compromising the security and integrity of the
process?
4- It is also evident that immigration officers are not supposed to follow
up or escalate the third party checks before six months. NZSIS claimed 50
days then why immigration officers need to wait for 6 months to request
escalation/follow up? It just doesn’t add up.”
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [1][MBIE request email].
Nâku noa, nâ
MINISTERIAL SERVICES
Ngâ Pou o te Taumaru
Ministry of Business, Innovation and Employment
Level 4, 15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
References
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From: INZ OIAs
Ministry of Business, Innovation & Employment
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Kia ora Muhammad
Please see letter attached regarding the partial transfer of request.
Ngâ mihi
Madeleine
Business Management Team – Enablement
Immigration New Zealand | Rôpû Manene
Ministry of Business, Innovation & Employment | Hîkina Whakatutuki
[1][email address]
Wellington [2]http://www.mbie.govt.nz
NZBN 9429000106078
References
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1. mailto:[email address]
2. https://aus01.safelinks.protection.outlo...
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora ano Muhammad
Thank you again for your correspondence of 14 February 2023 to the
Ministry of Business, Innovation and Employment (MBIE) requesting, under
the Official Information Act 1982 (the Act), the following information:
1. How many SMC applications are still pending for a decision that was
lodged before 20-March-2020?
a. How many immigration officers are working on all SMC applications
at the moment?
2. INZ received an internal advice in mid-2022 to conduct the third-party
checks (NSC) again for paper based SMC visa applications that were
submitted before Covid lockdown and are still waiting for a
decision.
a. How long usually a NSC check is valid for?
b. How INZ is going to treat those SMC visa applications who are
suffered from this advice. Those SMC applicants are already
waiting for a long time, in some cases 3 years or more, to get a
decision on their application. It was the sole responsibility of
INZ to process those applications on time which they clearly
failed to do so. This new advice has added additional 6-12 months
to the processing time because of delay in NSC checks at the
moment. These SMC applicants are suffering more and waiting in a
limbo because of overnight policy changes and RV21 despite paying
more application fees compared to RV21 and other applications.
INZ failed to allocate adequate resources to these SMC visa
applications to ensure timely processing. Now, new policy changes
and advice come along the way that are clearly affecting these
applications.
c. What steps will INZ take to ensure that they treat these
applications fairly and it was worth waiting for this long for the
applicants? Will these applicants get permanent residency or residence
visa without any travel conditions? Most of SMC applicants are already
onshore since their application lodgement and waiting for 3 years and
more.
3. What is current processing time of third party checks, especially
NSC. In a response on 7 Nov 2022, NZSIS claimed that average processing
time was 50 days. It seems that this time has increased many fold recently
because many applicants are waiting from 6-12 months for third party
checks (evidence from social media posts). Has NZSIS taken any steps to
reduce this time without compromising the security and integrity of the
process?
4. It is also evident that immigration officers are not supposed to
follow up or escalate the third-party checks before six months. NZSIS
claimed 50 days then why immigration officers need to wait for 6
months to request escalation/follow up?
On 23 February 2023, the Ministry advised you that question three of your
request would be transferred to New Zealand Security Intelligence Service
(NZSIS) in accordance with section 14(b)(i) of the Act, which allows the
transfer of any request where the information is not held, but is believed
to be held by another department, organisation or Minister of the Crown.
This email is to advise you the Ministry has decided to grant the parts of
your request for information which MBIE holds. However, it will take us
some time to prepare this information for release.
We will send you this information as soon as possible and without undue
delay.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā Mihi,
Madeleine
BUSINESS MANAGEMENT TEAM
Immigration New Zealand
Ministry of Business, Innovation and Employment
15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
[2]457667B6
References
Visible links
1. https://aus01.safelinks.protection.outlo...
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Muhammad,
Please find attached the response to your Official Information Act
request.
Ngā mihi,
Lino
Business Management Team, Enablement
Immigration New Zealand
Ministry of Business, Innovation & Employment - Hīkina Whakatutuki
Level 1, 15 Stout Street, Wellington 6011 |PO Box 1473, Wellington 6140,
New Zealand
NZBN 9429000106078
From: Muhammad
Dear INZ OIAs,
Thank you for your response. However , I need further information regarding your response to question 2.
1- It has been almost a year since NZ Govt has opened the borders and normal visa operations were started.
Then what was the reason that only 10 immigration officers were working on these paper based SMC applications? Why INZ didn’t allocate adequate resources to process these applications in a timely manner? What was the criteria used for such marginal allocation.
2- How does INZ justify its actions when more resources were allocated to RV21 and these SMC applications were ignored. On one side, INZ claims to process the applications on lodgement date order, while it seems totally opposite in this case.
3- While the processing time was only 12 months when these applicants lodged their SMC applications, who is responsible for such a delay and allocation of marginal resources to these applications? Clearly, it has nothing to do with the applicants. They submitted their applications, believed in robustness of immigration system, and expected an outcome in 12 months (as indicated on INZ website). Now, it has been more than 3 years and they are still in limbo. Are there any provisions or immigration instructions that specifies the processing time of applications? While the processing time of RV21 is limited to 18 months, then why these SMC applicants were singled out and treated differently and unfairly without having a processing time?
4- If INZ needs more and recent information to decide about these SMC applications, then why these SMC applicants were not included in RV21? INZ checks the criteria on the date of lodgement, then how can they seek information after 3 years. Again, these SMC applicants are worsen off because INZ expects them to be in same or better position after three years of lodgement while INZ provided a golden roadmap of 18 months to RV21 applicants. Please remember that SMC has more strict criteria than RV21. Does it mean that RV21 policy were not inclusive enough and had adverse consequences for these SMC applicants? Are RV21 applicants enjoying a faster processing time on the expense of these SMC applicants?
Looking forward to hearing from you.
Yours sincerely,
Muhammad
From: OIA Privacy
Kia ora
Please find attached the NZSIS’s response to your OIA request.
Kind regards
NZSIS
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