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Wednesday, 15 March 2023


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New Zealand


MORE THAN 26,000 STILL WAITING FOR THEIR 2021 RESIDENT VISAS, IMMIGRATION LAWYER
SAYS DELAY ‘UNACCEPTABLE’

By

LINCOLN TAN

6 Mar, 2023 03:06 AM4 mins to read
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INZ residence application form. Photo / File

INZ residence application form. Photo / File

Uncertainty remains for thousands still waiting for their visas under an
immigration scheme, 2021 Resident Visas (21RV), that was meant to provide
certainty for those who played a key role in supporting the economy through the
Covid-19 pandemic.

More than 106,000 applications for the visas were received by Immigration NZ
after applications closed on July 31 last year, but just about 80,000 have been
approved so far.

Immigration lawyer Harris Gu, who is acting for several applicants said the
delays were unreasonable, is also accusing the agency of “racial and nationality
profiling” for conducting national security checks on his Chinese clients.

“About 26,000 applications are pending and I believe a large portion consists of
people on whom INZ conduct national security checks,” Gu said.

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“I believe there is racial profiling of applications or INZ is profiling them by
nationalities as most of those facing delays because of these checks are Chinese
nationals.”

Immigration lawyer Harris Gu. Photo / Sylvie Whinray

The one-off residence visa scheme was introduced to provide certainty for those
who had played a critical role in supporting New Zeaand’s economy while the
border remained largely closed due to the Covid-19 pandemic.

Gu has filed a formal complaint against the agency and suggested that NSC, in
the way it is being carried out, was illegal.

“It is clear that the law says INZ cannot standardise NSC, INZ must consider the
individual circumstances of each applicant then decide whether any one of them
would pose a potential security risk to NZ,” Gu wrote in his complaint.

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Gu said that as far as he was concerned, the approach the INZ had adopted to
implementing the checks “is unlawful”.

Of the eight Chinese nationals he and his colleagues were acting for, all
required NSC, and their application status were still at the “gathering
information” stage.

“There was no indication that INZ had, in accordance with immigration policy,
considered any of their individual circumstances in terms of their potential
security risk to NZ before conducting NSC on them,” Gu said.

He also questioned why the PhD students with jobs could not qualify for the
visas under the scheme.

Student visa holders, including PhD and masters students, are not eligible for
21RV, and INZ said there are no plans to broaden the eligibility criteria.

“This was a failed policy to start with, giving away resident visas to the
unemployed but not the PhD students with fulltime employment,” Gu said.

Nicola Hogg, INZ general manager border and visa operations, said processing
applications for the 21RV remained a priority for the agency.

“We are committed to deciding the vast majority of these residence applications
by June 2023,” she said.

“Our staff have been working hard to process these applications and we are
making good progress.”

Hogg said so mare more than 151,000 people have already become NZ residents
under this new policy.

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She also defended the need for NSC checks as an essential and necessary step.

“National security checks are an essential part of a process that ensures the
necessary steps are taken to prevent people who may pose a risk to national
security, and the wellbeing of New Zealanders, from entering the country,” Hogg
said.

She said the checks may be required for a range of reasons, and the time taken
to complete varies depending on the applicant and their circumstances.

“Within the timeframe of a visa application being considered, NSCs can take up
to six months, with only a very small number of cases taking longer,” she said.

Hogg would not respond to allegations of racial or nationality profiling,
stating that information relating to NSCs including information around
nationality is withheld under s6(a) of the Official Information Act 1982.

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