20 July 2023
Muhammad
[FYI request #23262 email]
DOIA 2223-3012
Tēnā koe Muhammad
Thank you for your email of 25 June 2023 to the Ministry of Business, Innovation and Employment (MBIE)
requesting, under the Official Information Act 1982 (the Act), the following information:
“1- INZ introduced a new SMC point system and claims to process the applications in 6-8
weeks. I would like to know when wil INZ process the SMC applications that were lodged
before March 2020 and stil waiting for a decision? Why those applications are just ignored and
priority is given to other newly launched pathways (such as RV21, New SMC).
2- Is the processing time of 6-8 weeks realistic for new SMC applications? Because INZ already
misled the SMC applicants (lodged before March 2020) by mentioning 12-24 months of
processing but failed to do so even after 40 months.
3- Did INZ discuss this 6-8 weeks processing time with NZSIS, so they can process the NSC
checks within this time (if needed)? INZ claims that NSC checks are out of their control then
how they wil process the new SMC applications in 6-8 weeks when NSC checks are taking more
than a year? Shouldn’t INZ disclose this information so, applicants can know what to expect?
4- Why INZ hasn’t given the priority to those SMC applications that were lodged before March
2020 and stil waiting for a decision? INZ keep changing the focus and priorities without
processing the existing applications that are waiting for more than 40 months? Is there any
transparency and checks to oversee the actions of INZ?
5- Currently, INZ website shows the SMC processing time of applications after the reopening in
Nov 2022. Why INZ is trying to hide those SMC applications that were lodged before March
2020 and stil pending for a decision. Does INZ think adding those applications will ridiculously
increase the processing time and some applicants maybe reluctant to apply?
6- As per recent OIA response from NZSIS, there is a backlog of NSC checks for resident
applications due to issue in the INZ IT system. Who is responsible for such delay and what
actions are taken to avoid such issues in the future? When wil NZSIS clear the backlog of NSC
checks?
7- Why INZ is not expediting the NSC checks and processing of SMC applications that were
lodged before March 2020? If they are not able to expedite NSC checks then how can they
claim to process the applications in 6-8 weeks with new SMC system? Then this claim becomes
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fictitious. Does it mean those applicants, who need NSC check, should expect a very long
processing time?
8- If there is no timeline of NSC checks, then why this information is not made public. So,
applicants can see this information before lodgement of their applications.
9- When INZ wil complete the processing of SMC applications that were lodged before March
2020? Is there a maximum time to decide about a SMC application, or those applicants can be
in limbo for 5-10 years or even more?
10- How the New SMC system wil affect the old SMC applications? Which applications wil be
prioritised and why?”
Our Response
Questions 1 and 2
In respect of the six-to-eight-week processing timeframe you refer to for Skilled Migrant Category Resident
Visa (SMC) applications, it is important to note that this timeframe was stated with specific reference to
those applications that are straight-forward to assess and have all the required information provided at the
time they are submitted. This can be seen on the Immigration New Zealand (INZ) website:
https://www.immigration.govt.nz/new-zealand-visas/preparing-a-visa-application/living-in-new-zealand-
permanently/new-zealand-skilled-residence-pathways/changes-to-the-skilled-migrant-category-resident-
visa
All SMC applications lodged prior to March 2020 have now been allocated to immigration officers for
assessment. Based on applications decided in May 2023, 50% of applications were completed within 82
weekdays, and 90% within five months. For the most up to date information on processing timeframes,
please refer to the INZ website:
https://www.immigration.govt.nz/new-zealand-visas/waiting-for-a-visa/how-long-it-takes-to-process-
your-visa-application
While SMC applications are generally processed in the order they are received by INZ, some are prioritised
where certain criteria are met, including:
• Applicants with an hourly rate equivalent to or higher than twice the median wage; or
• Applicants holding current occupational registration where registration is required by immigration
instructions.
Please note that resourcing (such as how many of our staff are trained and assigned to process different
visa types) sits outside any priority given to certain applications within a specific category.
The time it takes to decide an application depends on a number of factors that may be outside the control
of the immigration officer, including third-party checks (such as National Security Checks (NSC), court cases,
and medical checks) and, in some cases, waiting for information to be provided by an applicant. It is not
uncommon for some applications to have longer processing times than others due to their relative
complexity.
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Question 3
As noted in our response to Question 1, the processing timeframe you refer to applies only to straight-
forward applications that have all the required information submitted for the application to be decided
within that period. INZ is regularly in contact with the New Zealand Security Intelligence Service (NZSIS)
regarding processing timeframes and workloads.
Question 4
Please refer to our response to Question 1, which addresses the first part of Question 4.
Regarding the second part of your question, you can lodge a complaint about a service you have received
from INZ or if you believe that INZ did not follow a correct process. More information about the process of
complaints, as well as who you can appeal to if you are not satisfied with the outcome of your complaint,
is available on the INZ website:
https://www.immigration.govt.nz/about-us/contact/complaints/complaint-about-inz
Question 5
When selections of Expressions of Interest for SMC resumed in November 2022, the processing timeframes
published on the INZ website took into account applications submitted before that time. A decision was
then made to remove the timeframes from the INZ website until such time as these figures could be made
accurate following feedback from INZ customers which indicated that the figures published did not reflect
realistic processing timeframes and may place licenced immigration advisors and immigration lawyers in
difficult situations with their clientele.
Question 6
INZ has recently experienced some technical issues with NSCs for resident visa applications made through
the enhanced Immigration Online system. When issues such as these occur, INZ and MBIE work closely with
our third-party IT providers and the New Zealand Security Intelligence Service (NZSIS) to identify the root
cause of the problem and potential solutions. This is an ongoing process and improvements are
implemented over time.
On 30 June 2023, you were notified by Ministerial Services that a partial transfer of your request for official
information, specifically the second part to your sixth question “[w]hen will NZSIS clear the backlog of NSC
checks?”, was made to the NZSIS as it more closely aligns with their functions.
Question 7
INZ has been working with NZSIS to expedite NSCs for applications lodged before March 2020. However,
applicants requiring a NSC should expect their application to take longer than six-to-eight-weeks for the
reason outlined in our response to Question 3.
Question 8
Where appropriate, part of the character assessment of an applicant will include a NSC. If it is
determined that a NSC is required, then the relevant information is gathered and referred to the NZSIS
for processing. However, INZ cannot provide comment on volumes or processing timeframes for NSCs.
In instances where INZ anticipates receiving significant application volumes that require NSCs, plans and
agreements are made to ensure that appropriate resourcing is in place to manage anticipated NSC
volumes.
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Question 9
Please refer to the second and final paragraphs of our response to Question 1.
Question 10
The processing and order of allocation of all SMC applications are determined by the General
Instructions relevant at the time. Please refer to the third paragraph of our response to Question 1 for
further information on prioritisation.
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
www.ombudsman.parliament.nz or freephone 0800 802
602.
If you wish to discuss any aspect of your request or this response, please contact
[email address]
Nāku noa, nā
Michael Carley
(Acting) Principal Advisor, Visa Operations, on behalf of the Chief Operating Officer
Immigration New Zealand
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