Becoming a licensed immigration adviser

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Summary of About applying brochure

The provision of immigration advice is now a regulated profession in New Zealand. If you are in New Zealand, it is illegal for you to provide immigration advice about New Zealand unless you are licensed to do so or explicitly exempt from the requirement to be licensed. Offshore immigration advisers will have to be licensed from 4 May 2010, unless exempt.

The information in this About applying brochure is to help you determine whether you need a licence and what type of licence will be best for you.

1. Do you need a licence?

Some people can provide immigration advice without holding a licence. Some people cannot hold a licence, even if they choose to. This section helps you determine whether you need a licence or can hold a licence.

Are you providing 'Immigration advice'?

Not all assistance with immigration amounts to ‘immigration advice’ as it is defined in the Immigration Advisers Licensing Act 2007.

Are you an exempt person?

Some people are exempt from the requirement to be licensed.

Are you a lawyer?

Practising New Zealand lawyers, and their employees who give immigration advice within the scope of their employment agreement are exempt from licensing and DO NOT need a licence to provide immigration advice. They CANNOT apply for or hold a licence.

Are you a prohibited person?

Some people are prohibited from licensing. If you are one of the following people, you cannot be granted a licence:

• an undischarged bankrupt;
• prohibited or disqualified under any of the provisions of sections 382, 383, or 385 of the Companies Act 1993 (or any corresponding provision of the Companies Act 1955) from managing a company;
• a person who has been convicted of an offence against the Immigration Act 1987 or the Immigration Act 1964;
• a person who has been removed or deported from New Zealand under the Immigration Act 1987 or the Immigration Act 1964;
• unlawfully in New Zealand;
• a person who holds or has held the office of the Minister of Immigration or Associate Minister of Immigration in the New Zealand Government within the last 12 months, or is employed or has been employed within the last 12 months as an immigration officer, visa officer, or refugee status officer (as defined in the Immigration Act 1987).

Under the Criminal Records (Clean Slate) Act 2004, an eligible individual is entitled to conceal convictions if the individual has:

• no convictions within the last seven years;
• never been sentenced to a custodial sentence (e.g. imprisonment, corrective training, borstal);
• never been ordered by a Court during a criminal case to be detained in a hospital due to his/her mental condition, instead of being sentenced;
• not been convicted of a “specified offence”;
• paid in full any fine, reparation or costs ordered by the Court in a criminal case;
• never been indefinitely disqualified from driving under section 65 of the Land Transport Act 1998 or earlier equivalent provision.

2. What type of licence do you need?

This section is to help you determine which type of licence is best for you. There are three different types of licence.

To be granted a provisional licence you will need to demonstrate that you have a sound knowledge of immigration law, policy and procedure and a high standard of English. Before you apply for this licence you will need to identify a person who can supervise you. Read the Authority’s policy covering supervision arrangements.

Upgrading your licence

A limited licence may be upgraded to a full licence; or a provisional licence may be upgraded to a limited or full licence in line with the Authority’s upgrade policy.

The upgrade fee is NZ$535 incl. GST (NZ$475.56 if you are not ordinarily resident in New Zealand).

3. How do you apply?

To apply you need to complete the licence Application Booklet [pdf, 1MB, 60 pages] and provide all supporting documentation to the Immigration Advisers Authority in New Zealand. The application requires you to provide your personal and contact details, evidence of your competence to provide immigration advice, and proof of your identity. People applying for full and limited licences are required to submit actual client files to demonstrate their experience. A checklist is provided to ensure that you provide all of the necessary documentation. You will be required to make a statutory declaration before you submit your application.

Important:

You must submit a police certificate with your application, obtained within the last six months, from each country that you have lived in for 12 months or more over the last 10 years. If a country from which you require a police certificate will only deliver the certificate directly to the Authority, you must NOT apply for a licence until the Authority has received the certificate. Please advise the Authority by email that you intend to apply for a licence and have sought a police certificate. The Authority will contact you by return email when the certificate has been received, after which you may apply for a licence. Please contact the Authority if you have any difficulty obtaining your police certificate(s).

What does it cost?

The total cost of an initial licence or licence renewal is NZ$1995 incl. GST. This is made up of an application processing fee of NZ$890 incl. GST (NZ$791.11 if you are not ordinarily resident in New Zealand), and an immigration adviser’s levy of NZ$1105 incl. GST (NZ$982.22 if you are not ordinarily resident in New Zealand), payable if your licence application is successful.

4. What happens next?

If your application is lodged correctly (i.e. you have provided all of the necessary documentation and paid the application fee), it will be assessed by a trained assessor. Part of the assessment will be a telephone interview between you and your assessor. A recommendation will be provided to the Registrar who will then decide whether your licence should be granted or refused. You may meet the requirements for a different licence type and will be advised if that is the case. The Authority may also visit your site, to help determine your competence. You will be advised if your application is successful, and your licence will be issued once you have paid the immigration adviser’s levy and met any other conditions. The levy covers the non application-related costs of operating the Immigration Advisers Authority and the Immigration Advisers Complaints and Disciplinary Tribunal.

Once you are licensed, your business details will be available on a public register so that members of the public can contact you.

You have important obligations as a licensed immigration adviser. Please refer to our publication What does it mean to be a licensed immigration adviser? [pdf, 12 pages, 582kB] for further information.