About the Immigration Advisers Authority
What is the Immigration Advisers Licensing Act?
The Immigration Advisers Licensing Act [external link] was passed in May 2007 and is in place to promote and protect the interests of people receiving immigration advice and enhance the reputation of New Zealand as a migration destination.
- The Act describes immigration advice as “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”.
- Under this Act, anyone giving immigration advice about New Zealand must be licensed unless they are exempt. Licences have to be renewed annually.
- Licences can only be held by individuals, not organisations, and they can’t be transferred to anyone else.
- It is an offence to knowingly provide immigration advice without a licence, and this may be punishable by a fine of up to NZ$100,000 and/or as much as seven years in prison.
What is immigration advice?
“Immigration advice” is a legal term defined in section 7 of the Act. People have to consider whether they are knowingly putting themselves in a position where they advise, assist, direct or represent another person about immigration matters concerning New Zealand. Licensing applies to anyone who provides immigration advice including, for example, immigration consultants and advisers in the recruitment, travel and education sectors, who need to consider whether they are providing immigration advice.
There are three key elements to “immigration advice”:
- the person is using or purporting to use knowledge of or experience in immigration;
- that knowledge or experience is used to advise, direct, assist or represent another person;
- the advice, direction, assistance or representation is provided in regard to an immigration matter relating to New Zealand.
Giving people publicly available information (e.g. information on the Immigration New Zealand website) is not classified as immigration advice. And people who undertake clerical work, settlement services or translating or interpreting services do not need a licence.
- Clerical work means the provision of services in relation to an immigration matter, or to matters concerning sponsors, employers, and education providers, in which the main tasks involve all or any combination of the following:
- the recording, organising, storing, or retrieving of information;
- computing or data entry;
- recording information on any form, application, request, or claim on behalf and under the direction of another person.
- Settlement services means all or any of a range of targeted support services provided for migrants, refugees, and their families, including services for the purposes of enabling migrants, refugees, and their families to settle into the community; learn the language; and find out how to access essential community services.
Whether a person is providing publicly available information or performing clerical work (which don’t require a licence), or giving “immigration advice” (which does) will depend on the facts of each particular case. Contact us to find out more, or if you need help to figure this out. You can also read further information about how “immigration advice” is defined.
How do I get a licence?
The Authority will grant a licence if you:
- are considered “fit” to be licensed;
- meet the Authority’s minimum standards of competence;
- properly complete the application process and pay any fees in full, and;
- are not prohibited from registration (prohibited people include undischarged bankrupts, those convicted of certain offences and recent immigration, refugee status or visa officers).
A lawyer who holds a New Zealand practising certificate is prohibited from applying for an immigration adviser licence. A person who is qualified as a lawyer but who does not hold a New Zealand practising certificate may apply for an immigration adviser licence.
The Lawyers and Conveyancers Act 2006 has rules about how a person without a practising certificate can describe themselves. For more information see the law society page on Enrolled practitioners without practising certificates [external link]
Who can legally give immigration advice?
Only people who are licensed or exempt can legally give immigration advice about New Zealand.