28 Apr 2023

'Open and shut' immigration cases taking years to resolve

2:38 pm on 28 April 2023
Mahsa Aramesh and family.

Mahsa Aramesh and family. Photo: Supplied / 123rf

Migrants have spoken of the devastating effects of long waits for national security checks before they can become residents.

One woman miscarried the day she found out another check had been ordered, while another woman married to a New Zealander for 30 years had to live apart from him and their daughter for a year while she waited for her visa.

Iranian Mahsa Aramesh and her husband and son have been waiting since December 2021 for residence. They have had four case officers and - after being told last August their case officer was recommending their visas be approved - a house purchase had to be abandoned when Immigration New Zealand (INZ) pulled back the decision.

The software quality assurance lead found out she was pregnant - but after elation, heartbreak came when they were told in March another unspecified third party check was underway.

"The application is going through another whole process, maybe for another six months," Aramesh said. "That caused so much stress to me that on the same night we had to call emergency and this happened - sadly we have lost the baby and all those hopes and everything."

Mahsa Aramesh and family.

Mahsa Aramesh and family. Photo: Supplied

It had taken a toll on their marriage and her health, suffering depression and stress because of how long the process was taking.

Russian Maria Curphey had to live apart from her New Zealand husband Craig and their daughter Emma for a year while waiting for her residence.

They gave up and instead got a visitor visa, reuniting earlier this month, but were still waiting for a national security check to allow her to settle permanently.

They met in 1990 in Wellington when her late father was the then Soviet ambassador, and lived most of their married life in Russia, deciding to move back to New Zealand when Emma began studies at the University of Waikato.

They were making plans when the war in Ukraine broke out, and decided Curphey should return to New Zealand earlier to sort out finances - funds had been blocked in Russia because of sanctions.

They were expecting to be apart for a "few months", thinking it would be a smooth process as they had already arranged police and medical checks, and knowing how long Returning Residents and Visitors visas had taken previously.

"Having had the visa before and been married for 30 years and having a daughter here in New Zealand, just seemed like it would be an open and shut case to me," he said. "It's been devastating because we just don't know what and when that [residence] is going to happen, we can't make any plans. We're just in limbo, really.

"My understanding from New Zealand was that according to their sort of service level agreements with third party checks that it should have been done by the middle of October, and since then, they just aren't able to say anything."

The delays in checks would be affecting INZ's own performance, he said, but with little transparency it was hard to gauge where the problem lay.

Other Russian and Middle Eastern applicants have also reported long waits.

Curphey, 56, said after applying in March 2022, her husband contacted their case officer (CO).

"The CO informed him that it all looked fine to her and that she had requested a third party check, which she said normally takes two months. Based on that communication Craig went ahead with the purchase of an auto service station in Wairoa, one of two in town, and I started packing my suitcases, checking out flights, finding someone to live in our house.

"Every month he has made enquiries with our CO, and at first she was also showing surprise at the duration, and later wrote that she cannot give any timeframe at all, while every time asking us to provide the same documents which I had uploaded to my file in August after her original request.

"We have never been apart for this long and are both taking it very hard. In February, Gabrielle struck. If ever he needed me with him most, it was in the weeks that followed.

"Craig and I are not young, in our late 50s, neither of us has done anything remotely unlawful or suspicious, we are both in good health."

INZ has declined to say how many people are affected, give an average time for third party checks, or say if there is a backlog - citing the national security provisions of the Official Information Act.

In a statement, general manager Richard Owen said immigration empathised with Aramesh and her family.

"Having reviewed the application history, a decision was initially recommended on the application on 5 August 2022. The decision however could not be finalised as it required further third party checks. As per immigration instructions, all visa applicants must be of good character and not pose a potential national security risk.

"Part of the character assessment can include a National Security Check (NSC). The processing timeframe of an application depends on various factors such as the completeness of an application, any additional information required, and the level of verification required including third party checks. We have nothing further that we can add on timeframes of third party checks."

Get the RNZ app

for ad-free news and current affairs