From 4 May 2009 anyone who provides immigration advice in New Zealand must have a licence from the Immigration Advisers Authority, unless they are exempt from the requirement to hold a licence. From 4 May 2009, Immigration New Zealand will refuse to accept applications from unlicensed onshore advisers.
If an onshore adviser acting on behalf of an immigration client is not on the Register of licensed advisers (or not exempt), their application will be returned failed lodgement, and we will advise the Registrar of the Immigration Advisers Authority. Advisers who are awaiting a licensing decision from the Registrar are considered unlicensed.
From 4 May 2010, offshore advisers giving advice to people seeking visas or permits will also have to be licensed.
Processing an application from an immigration adviser acting on your behalf from 4 May 2009
Note: An unlicensed onshore immigration adviser is someone who is neither licensed nor exempt under the Immigration Adviser Licensing Act 2007.
Application received by Immigration New Zealand (INZ) by Friday 1 May 2009
Immigration applications received by INZ by Friday 1 May 2009 will be processed as normal. If the adviser acting on behalf of the applicant is unlicensed at that time, and all mandatory requirements under the Immigration Act 1987 and subsequent regulations are met, the application will be accepted and processed as normal.
Application received by INZ from 4 May 2009
Immigration applications received by INZ from 4 May 2009 from an unlicensed onshore immigration adviser will be refused and returned to the adviser.
Application accepted by INZ before 4 May 2009
Where an immigration application has already been accepted by INZ as at 4 May 2009, and where the adviser is unlicensed at that date, it will continue to be processed with the adviser as the contact for correspondence. The unlicensed onshore immigration adviser would need to ensure that they do not provide immigration advice to the immigration client after 4 May 2009 as they would then be in breach of the Immigration Advisers Licensing Act 2007.
Submitting an application as an individual
If you have received immigration advice from your adviser prior to 4 May 2009, you can submit the application yourself. You must tick on the immigration form that you have received immigration advice. If you do not wish that adviser to act on your behalf, then on the form that your must tick that you do not authorise your adviser to act on your behalf. The adviser, whether they are licensed, exempt or unlicensed, is required to complete the statutory declaration that they have assisted you to complete this form.
All immigration forms require the applicant to make a statutory declaration that the information provided in the form is true. This includes a statutory declaration by any person (including an adviser) who assisted the applicant to complete the form. If the information provided in the form is subsequently found to be incorrect, this would be a breach of the Immigration Advisers Licensing Act 2007, and a matter for the Immigration Advisers Authority.
If you wish to have an immigration adviser represent you on or after 4 May 2009, then they must be licensed or exempt.
More information
See our questions and answers. There is more information and more qustions and answers in our Internal Administration Circular. For more information about who needs to be licensed, or to view the Register of licensed advisers, go to the Immigration Advisers Authority website www.iaa.govt.nz, email info@iaa.govt.nz, or write to them at PO Box 6222, Wellesley Street, Auckland 1141, New Zealand.