New Ombudsman complaints: 'It's very stressful and it's been hard to find a job or plan for the future,' says one student. 'Every day the rules change.'
International students who faced months of uncertainty and stress after they were granted shorter visas than they were entitled to believe they deserve an apology from Immigration NZ.
A recent decision by the Ombudsman found officials breached Immigration NZ policy after misinterpreting advice.
In November 2018 the government indicated it would allow a two year transition period for new policy changes to the post-study work visa category.
Those changes meant migrants who held a student visa or had a successful visa application on August 8, 2018, for Levels 4 to 10 qualifications, could be eligible for a three-year open visa.
READ MORE: * Chastened Immigration NZ reviewing hundreds of wrongly curtailed visas
However, two students who had visas on August 8, 2018 and met the criteria to receive the three-year open work visas, were instead given just one year open work visas. The Ombudsman concluded Immigration NZ acted unreasonably and found hundreds of others may have been impacted by this.
Immigration NZ border and visa operations head Nicola Hogg told Newsroom that decisions made by the department at that time were in line with policy intentions.
"In November 2020, immigration instructions were amended to reflect the policy intent of changes to the post-study work visa category. When the instructions were issued, it was not explicit that only students studying an eligible qualification would qualify for a two-year or three-year post-study work visa under transitional instructions," Hogg said.
But students affected by this say Immigration NZ's response isn't good enough.
Manpreet Singh is one of the 265 international students impacted by the decision.
"It's very stressful and it's been hard to find a job or plan for the future. Every day the rules change." – Manpreet Singh
Singh who studied in New Zealand before the policy change cut-off date August 8, 2018, qualified for the three year post-study work visa.
But still, he was only given a one year visa. "I started my study in July 2018, and my friends who started on the same day as me were given three year visas, but I was only given a one year visa," Singh says.
Singh was still waiting on a decision from Immigration NZ but was confident he would get his three year visa extension following the Ombudsman's ruling.
"It's very stressful and it's been hard to find a job or plan for the future," Singh says.
"Every day the rules change," he says.
Singh believes Immigration NZ should own up to its mistake and apologise.
His immigration advisor Arvind Pednekar has also lodged a separate complaint on his behalf to the Ombudsman.
Pednekar says Singh, who is from India originally, was hesitant to make the complaint as he was sceptical about whether Immigration NZ would reverse its decision.
But the Ombudsman's ruling had given him confidence, Pednekar says.
"In my correspondence with Immigration NZ they have been passing on the blame. They told me the case officer who granted Singh a shorter visa was based in Fiji," Pednekar says.
"Immigration hasn't accepted its goofed up."
Immigration NZ would not answer questions about whether it would apologise to the students impacted by the misinterpretation of policy by its officials.
The department maintains the policy was unclear and has since been amended.
"A large group of people have been disadvantaged due to Immigration NZ's negligence." – Arvind Pednekar, Immigration Advisor
In his findings chief ombudsman Peter Boshier says the immigration instructions and advice in the policy were clear and that it would be “highly unusual” to expect an immigration officer to look past these and use a Frequently Asked Questions' document when making a decision.
Pednekar says Immigration NZ ought to apologise.
"A large group of people have been disadvantaged due to Immigration NZ's negligence," he says.
In another case, international student Manpreet Singh who applied for a post-study work visa after the August 8, 2018 policy change cut-off date was declined a visa altogether.
He was eligible for either a one, two or three year visa depending on his qualification but he was denied one altogether.
"Before submitting my application, I made several calls in immigration contact centre and confirmed with them that I will be given post study open work visa either of one, two or three years. But after finishing my study I was told I didn't meet the criteria."
Immigration Minister Kris Faafoi was approached for comment, and a spokesman said the minister was aware of the Ombudsman’s decision.
"This is an operational matter but the Minister has spoken with Immigration New Zealand about the issue and how it happened.
"Immigration NZ has apologised for any confusion caused and has updated Immigration instructions to reflect Cabinet’s decisions."
After four months of back and forth, uncertainty and stress, another student Mandeep Singh says he was able to get a one year open post-study work visa after enlisting help from an immigration advisor.
"During those months I was not able to work and support myself financially.
"A slight misjudgement of an immigration officer cost me to lose my job and mental stress that I still get frightened about when I remember."
Mandeep Singh says Immigration NZ never apologised when it eventually granted him the visa he was entitled to.
"I ended up paying three times the immigration fees and around $ 2000 to the immigration advisor for applying the same visa twice."
