To help complete a visa/permit application and assist with their travel, some people seek advice from a number of different organisations – for example immigration consultants, lawyers or other businesses specialising in acting as an immigration adviser for migrants.
New requirements for immigration advisers
From 4 May 2009, if you lodge an application with INZ and you are using an unlicensed onshore adviser, we will refuse to accept your application. We have introduced changes to our processes, operational policy, and systems (including the Expression of Interest and Working Holiday Schemes Online) to enable all immigration branches to identify unlicensed onshore advisers.
Who needs a licence?
The Immigration Advisers Licensing Act 2007 requires that anyone providing immigration advice has to be licensed, unless exempt. For a list of exempt people, see below.
From 4 May 2009, All onshore immigration advisers need to be licensed by the Immigration Advisers Authority, unless exempt. All offshore immigration advisers need to be licensed by 4 May 2010.
How do I know if my adviser is licensed?
To become licensed, an adviser must apply to the Immigration Advisers Authority. Licensed advisers are listed on the Register of licensed immigration advisers. To see the Register, go to www.iaa.govt.nz.
If an onshore adviser is not on the Register of licensed advisers and they are not exempt, any applications they make on behalf of a client after 4 May 2009 will be returned, and we will advise the Registrar of the Immigration Advisers Authority.
Advisers who are waiting for a licensing decision from the Registrar are considered unlicensed.
Is an adviser licensed if they have approval in principle from the Registrar that they are a licensed adviser but they are not listed on the Register of licensed advisers?
No. Until your adviser’s name appears on the Register, then your adviser is not licensed.
If you submit an application to Immigration New Zealand, we would detect that your adviser is unlicensed and refuse to accept your application.
Who is exempt?
The following individuals do not need a licence to give immigration advice.
People providing informal/family advice
A person is exempt if they provided immigration advice in an informal or family context only, where the advice was not provided systematically or for a fee.
MPs and their staff
A person is exempt if they are a New Zealand member of Parliament or a member of their staff who provided immigration advice as part of their employment agreement.
Foreign diplomats or consular staff
A person is exempt if they are a foreign diplomat or consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971.
New Zealand public servants
A person is exempt if they are an employee of the New Zealand public service who provided immigration advice within the scope of their employment agreement.
Lawyers
A person is exempt if they are a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand.
New Zealand community law centre employees
A person is exempt if they are employed by or working as a volunteer for a New Zealand community law centre where at least one lawyer is on the employing body of the community law centre or is employed by or working as a volunteer for the community law centre in a supervisory capacity.
Citizens Advice Bureau employees and volunteers
A person is exempt if they are a person employed by or working as a volunteer for a New Zealand citizens advice bureau.
Offshore advice relating to student applications
A person is exempt if they are provide immigration advice offshore in relation to applications or potential applications for student visas or student permits only.
Our processes for applications from immigration advisers 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.
Questions and answers
What does the Immigration Advisers Licensing Act 2007 (the Act) do?
The Act aims to protect consumers and enhance the reputation of New Zealand as a migration destination. The Act creates a framework for the regulation of individuals providing immigration advice both onshore and offshore.
The Immigration Advisers Authority (the Authority), headed by a Registrar, was established within the Department of Labour in 2007 to oversee the licensing of immigration advisers (www.iaa.govt.nz). Competency standards and a code of conduct setting out the standards required of immigration advisers have been developed. A disciplinary tribunal (the Immigration Advisers Complaints and Disciplinary Tribunal) has also been established within the Ministry of Justice.
What is immigration advice?
Immigration advice is:
-
using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward.
Immigration advice is not:
-
Providing information that is publicly available or that is prepared or made available by the Department of Labour, or
-
Directing a person to the Minister or the Department of Labour or an immigration officer, a visa officer, a refugee status officer, or a list of licensed immigration advisers, or
-
Carrying out clerical work, translation or interpreting services, or settlement services.
Are all immigration clients required to use an immigration adviser?
No. An immigration client can fill in the application form themselves. If they choose to use the services of an adviser, then you need to state this on your application and ensure that your immigration adviser provides their details and signs the declaration section.
Do all advisers have to become licensed from 4 May 2009?
No. From 4 May 2009, all immigration advisers working in New Zealand must be licensed, unless exempt. INZ must refuse applications from unlicensed onshore advisers from this time. From 4 May 2010, all immigration advisers, whether working onshore or offshore, must be licensed unless exempt.
If my unlicensed adviser lodged my application before 4 May 2009, will Immigration New Zealand continue to process it?
Yes. Immigration applications received by INZ by Monday 4 May 2009 will be processed as normal with the unlicensed adviser as your contact.
If my application is still being processed, can I still get help from my unlicensed adviser?
Your unlicensed adviser will need to ensure that they do not provide immigration advice to you after 4 May 2009 as they would be breaking the law.
What happens if my unlicensed adviser lodges my application after 1 May 2009?
From 4 May 2009, immigration applications received by INZ from a New Zealand-based immigration adviser who is not licensed or exempt will be refused and returned to the adviser.
Does this mean that the money I’ve paid for my immigration application is wasted as it won’t be accepted?
No. When INZ refuses to accept an application, your application fee is refunded.
You can still lodge a new application yourself. To do this you must tick on the form that you:
-
have received immigration advice, and
-
do not authorise your adviser to act on your behalf.
In addition, your immigration adviser, whether they are licensed, exempt or unlicensed, is required to complete that the statutory declaration that they have assisted you to complete this form.
Alternatively you may use a licensed immigration adviser or an adviser who is exempt.
Will INZ prioritise my application if I use a licensed adviser?
No. Applications from licensed advisers are treated the same as any other application.
More information
There is more information and more questions 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.