Providing immigration advice to students

Only people who are licensed can provide advice on immigration matters, unless they are exempt under the Immigration Advisers Licensing Act 2007. If you are not licensed or exempt, you cannot advise students on any immigration matter.

Exempt people include education agents who are anyone who is based offshore, and provides advice on student visas only. They cannot provide advice on any other type of visa or immigration matter including guardian visas, visitor visas or working holiday visas.

What advice you can provide

You can guide candidates to publicly available information, like that on the Immigration New Zealand website or on a visa form. This is not classified as immigration advice.

What advice you cannot provide

You cannot, for instance, advise migrants on which visa would be best for them to apply for, or what documents they may need for an application or what pathways they have to work or residence.

To summarise — education providers cannot provide students with immigration advice. They would need to engage a Licensed Immigration Adviser or an exempt person.

There are a number of professional bodies or groups for immigration professionals to collaborate in the international education space. Some agents or advisers may join these if they wish, but it is not an Immigration New Zealand requirement to be a member of one of these groups in order to submit a student visa application or provide immigration advice outside New Zealand, on student visas only.