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This story was originally published on RNZ.co.nz and republished with permission
An embryologist who was unable to accept a job in New Zealand due to the border closure says it is unethical for authorities to withhold immigration fees that she and others have paid.
No work has been done on residency applications abroad since closing.
South African Nicole Nel, aged
28, said she paid off the thousands of dollars she spent on her work visa, medical record, language tests and qualification evaluations.
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But he wanted a $ 3,310 refund of his residency fees, as his case notes suggested that the only work completed on his application was duplicating his work visa information.
Immigration New Zealand (INZ) said it could not say how many refund requests had been submitted since the border closure and how many had been successful without an Official Information Act request.
But he questions the amount of work done on Nel and his partner’s application, saying it was “substantive.”
RNZ
Immigration New Zealand has relaxed border regulations for resident visa holders who are stuck abroad.
“The work visa was issued, so even though I can’t use the visa, [that] I can accept, “said Nel.
“But you pay almost $ 4000 for something that I never received, that was not processed and according to their own case documents they indicate that they did not do any work except to double check the things they already did on the work visa – and then refer me to a document from 2016, in a global pandemic, for me that is unethical.
“Originally when we applied, the whole world was in a different state and now they send me a document from 2016 that sets out the rules that they cannot give the refund. But they changed all the rules when they told people they had legal visas legitimate, which can no longer enter the country. “
Nel says the experience had influenced his vision of New Zealand as a fair country, and INZ’s refund policy should be updated in light of the pandemic.
“I thought about the kinds of things the country excels at, progress and things like that, but I feel like even in South Africa, where we have a lot of processes that are really behind schedule, you get to a point where you can talk to Someone to listen to you, but I felt like they were closing me door to door.
“I was very impressed with the amount of effort my employer made to get me [to New Zealand]They also emailed the immigration minister etc to try to get me and another embryologist from India. But I was quite disappointed with Immigration and I also contacted the ministers and got a little feedback from their secretaries, but I felt like no one reads an email.
“I just received these emails, they are almost format templates that are sent to me continuously, that do not answer my question.”
‘Stealing’ money in a global pandemic
In a letter to the immigration minister, he wrote: “It is clear that the only work they did was contact my employer two days after I requested a refund, and again, this is not substantial work that warrants an NZ application fee. $ 3310. I still find this entire scenario outrageous as I am continually being told that my residency application was “being considered” but my case notes indicate that no additional work was done as all my visa information was used All the checks and verifications they claimed I had done, I had already done so in my work visa application, as my case notes clearly indicate, and any further processing was suspended as I am abroad.
“I feel like this is unethical behavior and surely not the culture that an organization like INZ should have. So many people have been severely affected by Covid-19, some much worse than others. Regarding immigration, many families have done tremendous sacrifices and investments to emigrate have not only lost money but have lost hope, with no foreseeable change in sight. At this point, it is not even about the financial impact, but the principle itself, which in my personal opinion is not It’s ethical. I was surprised that New Zealand Immigration is allowed to “steal” money from people during a global pandemic, for jobs they didn’t do. If this is the kind of country New Zealand is, then I had a completely wrong view of New Zealand and why I wanted to immigrate there in the first place. “
He was concerned that it might be a frequent problem, but the RNZ was told the figures were not available.
An immigration consultant, Toni Alexander, said she had a client in the same situation, as well as applicants from the parent category, who do not meet the new criteria announced last year, who had not yet received refunds.
“My client went home for a wedding and they caught him out of the country when the border was closed and he had a pending resident visa. He was unable to return because he had a work visa and then lost his job, so he will have no reason to return and the resident visa cannot be processed because he no longer has a job.
“So we reviewed the application and asked for a refund and they told us the same thing: because substantial work had been done on the application, there would be no refund. But when we reviewed the file by OIA, all they did was verify the, which was ASH, an acceptable standard of health. No work required, all they do is look and it’s all an A grade so there is no more work to be done so they haven’t worked on that but I know the $ 2710 total for looking at a doctor and saying yes, that’s acceptable. I think it’s totally unethical. “
Another immigration adviser, Matt Simpson, said the government is still accepting money for expressions of interest, but that since the shutdown INZ has been told not to select any of them, so they cannot move on to residency applications. .
“This only serves as a $ 500 cash grab for expression of interest and exponentially exacerbates the significant queuing issues associated with this category of residency visa application. Surely this is a consumer affairs issue where INZ is advertising a service and charging a fee, but not offering that service. It’s like going to KFC and ordering a bucket, paying for it and still waiting three months later. “
Immigration New Zealand said in a statement that people can request a refund if their visa application has not been completed, however refunds are only granted in special circumstances.
It was working to clarify with affected applicants what their options were, but Nel’s request for reimbursement did not meet the guidelines, a spokesperson said.
“INZ operates on a cost recovery basis. The visa application fee an applicant pays covers the cost of processing the application by INZ. When an application is received, filing work is done on it, which It includes a file for the application that is being prepared, as well as the medical references and police clearances taken.
“As such, if the team has completed substantial work and the application is withdrawn, a refund is generally not given.
“The refund request was subsequently reviewed by an INZ manager, who stated that the full filing work had been done at the time their request was accepted and since substantial work was done, INZ would not be able to refund the fee of request”.
This story was originally published on RNZ.co.nz and republished with permission
