Becoming a licensed immigration adviser

Questions and information

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How do I get a licence?

To be granted a licence, immigration advisers need to show us proof of their immigration experience.

First:

read About applying, also available as: [PDF 160KB, 4 pages]
and What does it mean to be a licensed New Zealand immigration adviser? [PDF 582KB, 12 pages]
also read the competency standards
and code of conduct.

Then:

Read our Cover Letter [PDF 378KB, 1 page]
print out and fill in the New Zealand Immigration Advisers Licence Application – Application Booklet [PDF 1MB, 60 pages]
provide all the necessary documents and evidence
pay the licence application fee.

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:
1. the recording, organising, storing, or retrieving of information;
2. computing or data entry;
3. 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 much will it cost?

The total cost for a licence is NZ$1995 (incl GST) and is set by Regulation. This is made up of an NZ$890 application fee (NZ$791.11 if you are not ordinarily resident in New Zealand) and a NZ$1105 levy (NZ$982.22 if you are not ordinarily resident in New Zealand). Licence upgrade fees will be NZ$535 (incl GST – NZ$475.56 if not ordinarily resident in New Zealand).

Licence fees will cover the cost of processing and assessing all applications: initial licence, licence renewal, and licence upgrade. Levies will cover part of the cost of funding the functions of the Authority (other than application costs) and the full Tribunal costs.

Do I qualify for a waiver of fees and levy as a not-for-profit adviser?

You may be entitled to a waiver of licensing fees and the immigration adviser’s levy if you are acting as an immigration adviser on a not-for-profit and non-commercial basis or you're an employee or volunteer for an organisation that is operating on a not-for-profit and non-commercial basis.

A not-for-profit organisation is likely to be one that:

does not return profits to owners; and
does not charge fees or more than nominal fees; and
is charitable and non-commercial in nature; and
is institutionally separate from government; and
is self-governing.

To obtain a waiver you need to contact the Authority to obtain a letter of confirmation of your not-for-profit status. To confirm your status, the Authority will need information from you about your activities and responsibilities and (if applicable) information about the organisation you work or volunteer for. You will be required to provide the contact details of a person that can provide supporting information and/or documentation.

You need to submit the confirmation letter with your application for a licence.

Note: any waiver of fees and levy only applies while you maintain your not-for-profit status. If your circumstances change you must immediately inform the Authority in writing.

What are the competency standards?

The competency standards, also available in: [rtf, 7 pages, 280kB] [PDF, 7 pages, 60kB] Combined competency standards and code booklet [PDF, 24 pages, 714kB] set the minimum standards of competence that you must achieve in order to be licensed.

For example, competency standard 4 requires the holder of a full licence to “arrange agreed services in a timely, complete and accurate manner”.

There are seven competency standards and each standard includes one or more performance indicators. The standards required for a provisional licence holder differ from those required for a full or limited licence holder, because a provisional licence holder works under the direct supervision of a full licence holder. The competency standards are also published in the New Zealand Gazette.

What is the standard for English language competency?

All licensed advisers are able to communicate in English to a high standard. It’s important that you fully understand the evidence requirements, as outlined in the policy guideline competency standard 5: English language.

You can provide evidence of competency by:

completion of an International English Language Testing System (IELTS) test with minimum academic scores of Reading 6.5; Listening 6.5; Speaking 6.5; and Writing 6.5 with a minimum overall IELTS academic band score of 7.0 or over; or
completion of primary schooling (or equivalent) and at least three years secondary schooling (or equivalent) in schools where the education was conducted in the English Language; or
completion of five years secondary schooling (or equivalent) in schools where the education was conducted in the English Language.

The Registrar may consider other evidence of English language competence on a case-by-case basis. However, a university degree– or similar– is not considered a sufficient guarantee that the holder has a high level of English.

In December 2008, we made one minor change to the evidence requirements for English language. We now accept IELTS scores accumulated in two tests, if certain requirements are met.

If you need further assistance with your English language skills prior to sitting the IELTS test, many of the leading IELTS providers offer coaching sessions. For more information, see www.ielts.org for a list of providers in your area.

What is the code of conduct?

The code of conduct, also available in: [rtf, 4 pages, 138kB] [pdf, 4 pages, 27kB] two page A4 print version [pdf, 2 pages, 124kB] Combined competency standards and code booklet [PDF, 24 pages, 714kB] sets out the professional and ethical conduct expected of licensed immigration advisers and covers the following:

obligations to clients;
obligations to the Minister of Immigration, the Department handling immigration matters, the Immigration Advisers Authority and immigration tribunals;
business management;
client funds;
misrepresentation;
conflicts of interest;
disclosure;
fees;
provision of complaints procedures;
display of licence.

The code of conduct was developed in consultation with immigration advisers and people who receive immigration advice.

All licensed immigration advisers are required to explain the code of conduct to clients and give them a written copy. The code of conduct is published in the New Zealand Gazette.

What are the requirements for client files?

When you apply for a licence you must provide copies of client files. The application booklet explains the registrar’s requirements in detail. In summary:

If you are applying for a full licence, you will need a total of four client files: two must be residence application client files and the other two must be temporary entry applications.
Please specify on the individual Client File Summary Sheet (page 31 of application book), whether the client file is a temporary or residence matter.
Please attach a copy of the Client File Summary and the Client References sheets for each of the four client files.
All client files must be submitted in English and should be copies only. You are permitted to translate from first language into English.

If you are applying for a full or limited licence we will accept client files which are still in process with Immigration New Zealand as long as a minimum of two client files which show a full end-to-end process and Immigration New Zealand decision are also submitted. If you provide any client files where a decision has not been made by Immigration New Zealand, we would expect to see an acknowledgement from Immigration New Zealand that the case is in progress and we will be looking for evidence throughout the rest of the file that you meet the competency standards. Please choose your files carefully to ensure that they are a good representation of your business processes and your ability to meet the competency standards.

Each of your client files must relate to a separate client or set of clients. For example, you may not submit two client files from one family. This applies to full and limited licence applicants.

Please contact us to discuss pathways to licensing if you are having difficulty assembling full client files for a licence application.

How do I get my New Zealand Police Certificate?

First, you need to complete this Priv/F2 [pdf, 692kB] form issued by the Ministry of Justice and signed by the Authority. Complete the form and send to Privacy Unit, Ministry of Justice, National Office, PO Box 6140, Wellington. Don’t forget to sign it and attach your certified ID.
You will receive a response from the Ministry of Justice within 20 working days (we advise a follow-up call to ensure your form has been received). The Ministry of Justice will send a copy of your New Zealand Police Certificate to the Authority and a duplicate copy will be sent to you.
Submit your New Zealand Police Certificate with your application book.

Do I need to get offshore Police Certificates?

You are required to provide police certificates, 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 you need to obtain police certificates from a country other than New Zealand, you may need to pay a fee. Note that some countries will only send police certificates directly to the Authority. If that is the case, we recommend you allow three months for this to happen.

If you cannot get a police certificate because such certificates are not available or are unduly difficult to obtain, you will need to provide a statutory declaration in English and your own language that details your attempts to obtain a police certificate, states whether you have been convicted or charged with any offences against the laws of your or any other country, and includes other information confirming your good character.

How do I get the Immigration New Zealand Activity Record?

First, you need to request the Client ID Code for the organisation that you work for. Call Immigration New Zealand Contact Centre at +64 9 914 4100 (from overseas) or 0508 558 855 (from within New Zealand) or visit your local Immigration New Zealand branch.
Email IAA-Agent-activity@dol.govt.nz with details of your Client ID Code, contact details and a request for your Immigration New Zealand Activity Record for the purpose of applying for a licence. You do not need to provide details of visa applications that you have previously tendered to Immigration New Zealand.
You should receive your Immigration New Zealand Activity Record within two working days by return e-mail. Compare this record with your own record and check for any discrepancies. If there are any discrepancies, you will need to attach an explanation with your application booklet (page 30). If you agree with the Immigration New Zealand Activity Record, simply print out a copy of this report and submit it with your application.
For the purpose of an immigration adviser licence application you only need to request this activity record once. Please do not request a second activity record.

I am a registered with the Migration Agents Registration Authority in Australia. How do I apply for a New Zealand licence?

If you are an agent registered with the Migration Agents Registration Authority (MARA) in Australia you can apply for a New Zealand licence using the process set out in the Trans Tasman Mutual Recognition Act.

Trans-Tasman Mutual Recognition Act 1997 Application for a New Zealand Immigration Advisers Licence [pdf, 16 pages, 709kb]

Remember, if you are providing immigration advice about New Zealand, you need to apply for a licence. However, as a MARA-registered agent you will benefit from applying under the Trans-Tasman Mutual Recognition Arrangement (TTMRA).

The Arrangement is implemented in New Zealand by way of overarching legislation: the Trans Tasman Mutual Recognition Act 1997 (TTMR Act). All laws are subject to the TTMR Act unless specifically excluded or exempted.
The Act recognises the regulatory standards adopted in Australia regarding equivalent-registered occupations.
Providing MARA-registered migration agents meet all the requirements, the TTMRA streamlines the registration process.

You must give notice in writing to the Registrar and provide the information prescribed by Section 19(2) of the TTMR Act. You will need to supply supporting documents and a fee. The Registrar will decide your application within one month of the date of receipt. The licence is for individuals and not companies.

You will not be tested on your understanding of New Zealand immigration matters before being granted a licence. However, advisers and agents licensed under the TTMR Act must comply with the code of conduct.

If you are a lawyer with an Australian practising certificate you can apply. However, lawyers who hold a current New Zealand practising certificate; and their employees who provide immigration advice within the scope of their employment agreement are not allowed to be licensed New Zealand immigration advisers.

The Registrar may postpone or refuse registration if any of the information you provide is false or misleading; if circumstances have change; if you have not provided all the required information; or the prescribed fees have not been paid. You have a right of appeal to the Trans-Tasman Occupations Tribunal established by the Ministry of Justice to hear appeals under the TTMR Act.

Find out about the cost of a licence

Immigration Advisers Authority