Effects of the Immigration Advisers Licensing Act 2007

What does the Immigration Advisers Licensing Act 2007 (the Act) do?

The Act aims to protect consumers and enhance New Zealand’s reputation as a migration destination. The Act creates a new regulatory 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. The Authority began accepting licence applications on 4 May 2008.

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.

Who will be exempt from being licensed?

Section 11 of the Immigration Advisers Licensing Act 2007 lists the persons who are exempt from licensing. This includes the following:

1. a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee.
2. a New Zealand member of Parliament or member of their staff who provides immigration advice as part of their employment agreement.
3. 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.
4. an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement.
5. a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand.
6. a person 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.
7. a person employed by or working as a volunteer for a New Zealand citizens advice bureau.
8. a person who provides immigration advice offshore in relation to applications or potential applications for student visas or student permits only.
   

Are all immigration applicants required to use an immigration adviser?

No. You can fill in the application form yourself. If you choose to use the services of an adviser, then you need to state this on your application form and ensure that your immigration adviser provides their details and signs the declaration section.

My adviser submitted my application to Immigration New Zealand in February 2009 and has advised me that INZ has accepted my application for processing. My adviser is not licensed. Will my application continue to be processed?

Yes. Your application was submitted to INZ before 4 May 2009 and will therefore continue to be processed according to the policy requirements that applied before 4 May 2009.

If I use a licensed immigration adviser, will my application be prioritised by INZ?

No. Applications from licensed advisers are treated the same as any other application.

My adviser has approval in principle from the Registrar that he is a licensed adviser but he is not listed on the Register of licensed advisers. Is my adviser licensed?

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.

INZ returned my application because my adviser was unlicensed. I now have to fill in a new form. Why didn’t INZ just contact me directly about this so I could change my adviser and my original application could then continue being processed?

INZ is required to demonstrate that we have met the requirements under Section 9 of the IAL Act to refuse an application from an unlicensed adviser. Our Application Management System records information about the application and your unlicensed adviser details so that we have a record of the “Returned, Failed Lodgements” decision.

Section 9 also requires that you and your unlicensed adviser need to be advised of the reason for your application being returned and how your application could be advanced in an acceptable manner.
Your original application form cannot be changed as this is signed evidence that your adviser provided you with immigration advice. The Registrar can therefore access this information when considering the breach of the Immigration Advisers Licensing Act.

You therefore need to submit a new application.

Which forms are changing?

The forms below are changing. They will be available here www.immigration.govt.nz/forms in early April 2009.