Ref: 2021-1679

 

Dear Tanisha,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 2 March 2021 requesting under the Official
Information Act 1982 (the Act), the following:

 

I would like to post a query regarding "The changes that were applied to
RFW following which they are placed in same non-priority as SMC". Question
that I would like to ask regarding this change are :

 

1)  What pushed this change i.e. Was there any particular reasons for this
change.

 

2)  When this change was pushed, there were multiple RFW applicants who
were waiting for 24 months to file RFW application with a talent
accredited employer. Now since these applicants were placed in sqm queue
as SMC they will be waiting another approximately 20 months (wait time for
SMC\RFW applications). Were those applications ever thought to be put into
priority queue because they already were waiting for 20\24 months.

 

3) INZ ops manual A16.1 indicates priorities of applications and one of
the clauses mentions about "Residence instructions for holders of work
visas granted under the Talent (Accredited Employers) work instructions
(who meet requirements set out in RW2.1)".

 

Does this also applies to an applicant who has submitted Residence from
work and currently is in New Zealand and also earning 90K+ salary. What
will be the priority of such applications are they are placed in
non-priority queue.

 

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].

 

Nāku noa, nā

MINISTERIAL SERVICES

               

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

[2]www.govt.nz - your guide to finding and using New Zealand government
services

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References

Visible links
1. mailto:[MBIE request email]
2. http://www.govt.nz/

Kia Ora Tanisha

Please note that the Ministry will respond to this query directly. Therefore, please note that we are cancelling this Official information request.

A Ministry staff will be in touch about this.

Sincerely,

Margee Do
Senior Advisor

Business Management, Immigration New Zealand
Ministry of Business, Innovation & Employment
[email address] |
Level 1, 15 Stout Street, PO Box 1473, Wellington, New Zealand
NZBN 9429000106078

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Dear Mrs Ghai

 

I am writing in response to your email in regards to the changes to the
prioritisation of residence processing as general correspondence.

 

Over the last two to three of years, demand for the Skilled Migrant
Category (SMC) and Residence from Work sub-stream (RFW) has risen
significantly. This resulted in longer decision times for applicants.

To better manage the queue of residence applications going forward, in
February 2020 Immigration New Zealand (INZ), with the endorsement of the
Minister of Immigration at the time, formalised the priority allocation of
some SMC and RFW applications for highly paid applicants and applicants
with current occupational registration (where registration is required by
immigration instructions).  This allowed Immigration New Zealand to start
allocating older, non-priority applications on a more consistent basis.

This information was published on the INZ website at the time
[1]https://www.immigration.govt.nz/about-us...
The specific immigration instructions (A16.1) can be found at the
following link.  Please choose the 'administration' section for the
relevant information
[2]https://www.immigration.govt.nz/about-us...
.  There have been six changes to A16.1 since the Immigration Act 2009
came into effect in 2010.

Applications from the non-priority queue are allocated and processed in
date order of lodgement.  However, A16.1 (f) does allow the allocation of
other applications when individual circumstances warrant this. This
includes applications returned by the Immigration Protection Tribunal
(IPT) for re-assessment, applications requiring reassignment due to staff
movement, and those escalated through the Employment Visa Escalation (EVE)
process.    If you consider that your application should be prioritised,
please use this process.  Information about the EVE process can be found
at the following link
[3]www.immigration.govt.nz/about-us/media-centre/newsletters/korero/korero-july-2019/employment-visa-escalations-eve
 

Any updates in regards to the allocation of applications can be found at
the following link 
 [4]www.immigration.govt.nz/about-us/media-centre/news-notifications/how-we-prioritise-resident-visa-applications/smc-and-rfw-timeframe-information

 

Regards

 

Penny Hazlett

SENIOR BUSINESS ADVISOR, OPERATIONS SUPPORT

Border & Visa Operations, Immigration New Zealand

Ministry of Business, Innovation & Employment

 

[5][email address] | Telephone: +64 4 896 5378|

Level 1, 15 Stout Street, PO Box 1473, Wellington, New Zealand

 

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Dear Tanisha

 

Please refer to the link to the immigration instructions that I provided
you below.  A16.1 does not include the reference that you have provided. 
The current priorisation re SMC and RFW as per A16.1 has been in place
since February 2020.  All of the previous 'versions' since 2010 do not
have this reference.  When the RFW categories were included as a priority
the names of the categories were stated and not the actual immigration
instruction.  Please refer to the below version of A16.1 from 29 November
2010.  The prioritisation as per A16.1 applies to all applicants.

 

   

16.1 General Instructions as to the order and manner
of processing residence applications (29/11/2010)

See also Immigration Act 2009 ss 26(4), 411

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

a.  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:

                                     i.Skilled
Migrant Category (SMC) applications with job offers
will have priority;

                                   ii.All business
categories;

                                 iii.Residence from
Work category applications :

o  Talent (Accredited Employer);

o  Talent (Arts, Culture and Sport);

o  Long Term Skill Shortage List;

                                 iv.Refugee Policy;

                                   v.Partnership and
Dependent Child applications where the partner or
sponsor is,

o  a New Zealand citizen, or

o  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).

b.  Second priority will be given to the following
types and categories of applications for residence
class visas :

                                     i.Partnership
and Dependent Child applications (other than those
in instruction (a)).

c.   Third Priority will be given to the following
types and categories of applications for residence
class visas:

                                     i.Parent
category;

                                   ii.Adult Sibling
and Adult Child category.

d.  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.

e.  The previous General Instructions made pursuant
to section 13BA of the Immigration Act 1987 are
revoked.

 

 

 

Regards

 

Penny Hazlett

SENIOR BUSINESS ADVISOR, OPERATIONS SUPPORT

 

 

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Dear Tanisha

That is applications for PRV and not Skilled Residence. I was referring to the skilled residence prioritisation

As per my initial email, if you consider that your application meets priority under A16 please use the EVE process to submit your case and the reasons as to why your application should be prioritiese.

Regards

Penny Hazlett
SENIOR BUSINESS ADVISOR, OPERATIONS SUPPORT

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