Monday 16 November 2009

Emigrate to New Zealand - What is the New Zealand Immigration (NZIS) Complaints Procedure?

What in earth do you do if you are having problems with your application to Emigrate to New Zealand? Who do you turn to for help? Who do you complain to?

Well, in our experience, you could be forgiven for thinking that the Immigration New Zealand (NZIS or INZ) is one outfit you just are not allowed to complain about.

We searched on Google for "NZIS Complaints Procedure" and found nothing. Nada. Not a sausage. Sure - there was information of complaining about Immigration Consultants - but absolutely nothing on making a complaint about NZIS itself.

The problem is compounded by the fact that if you ask for advice - you will generally be told, "Don't rock the boat". I get the impression that everyone is terrified of what NZIS can do to you if you kick up a stink. And to be honest - you would right to be scared. With so much at stake - it takes nerves of steel to make a complaint and stick to your guns. It is not for the faint hearted.

But did you know that there is an official complaints procedure you can follow?

In four years of reading and posting on forums - it's not something I had ever heard about either - and I think this is a disgrace that no one seems to have been told this yet. We did what most people do: write to the branch manager, contact our MP, and when that fails - write to the Ombudsman.

The funny thing is, the Ombudsman refused to investigate because we hadn't followed the official complaints process! But how can you follow a process that isn't written down anywhere? We asked the Ombudsman's office to tell us where we could find it - only they couldn't find it either. I wrote back to the ombudsman and pointed out the gross unfairness of not investigating complaints on this basis, if as applicants we have absolutely no way of finding out what the process was.

On the basis of that letter - I understand the Ombudsman has now asked the CEO of NZIS for an explanation as to why they do not publish their complaints procedure. Hopefully - they will end their practice of doing everything they can to scupper applicant's complaints - and publish the thing. I think NZIS should be absolutely ashamed of themselves.

Just bear in mind this is for complaints about processing applications. Complaining about a decision not to allow you a visa is a different kettle of fish altogether. The problem we had is that we couldn't even get a decision that said "no" - which meant we couldn't go through the appeals process. If that is your case - then this is the process you need to go through if you can't resolve your problem with your case officer.

For those that cannot wait - here is the official Immigration New Zealand Complaints Procedure:

First - you should write about your complaint to:

Deputy Secretary - Workforce
Department of Labour
PO Box 3705
Wellington
6140

This then triggers a 3-step process:

Step 1: On receiving a complaint, from a complainant, the Deputy Secretary will refer the complaint to the relevant Branch Manager for consideration

Step 2: Where the complaint is not resolved by the Branch Manager, the complainant may write again to the Deputy Secretary to request that the complaint be considered by a regional manager.

Step 3: Should the Regional Manager be unable to resolve the complaint, the complainant may ask the Deputy Secretary to arrange for an independent manager to be assigned to address the grievance.

If at that point you are still not satisfied - then you can take the case to the ombudsman.

Hopefully - most people will never have to use this process, but hey - we did - so if there are others out there who are just hitting brick walls - this is what you really need to know.

I really hope this helps anyone who is faced with a similar situation to us.

Helen Winterbottom, aka Avalon is an ExPat Brit living in New Zealand and wondering what the hell happened. After years of posting on forums, helping other migrants with their finance questions - she finally got around to writing it all down in a book.

Avalon's Guide can be found at http://www.avalonsguide.com/
and Avalon's Blog can be found at http://www.avalonsguide.com/anab for updates and a look at life in New Zealand.

There is no "One True Path" to emigrating.