Becoming a licensed immigration adviser
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Who is exempt from licensing?
People who can provide immigration advice without a licence include:
- those who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee;
- current members of the New Zealand Parliament and their staff who provide immigration advice within the scope of their employment agreement;
- foreign diplomats and consular staff in New Zealand accorded protection under certain Acts;
- New Zealand public service employees who provide immigration advice within the scope of their employment agreement;
- lawyers;
- people working (either employed or volunteers) for community law centres within New Zealand, where at least one lawyer is involved with the centre;
- people working (either employed or volunteers) for New Zealand citizens advice bureaux;
- people who provide immigration advice offshore who advise on student visa and permit applications only;
- people exempted by Regulations.
Lawyers: For the purpose of this exemption a lawyer is a person who holds a current practising certificate as a barrister or as a barrister and solicitor, issued by the New Zealand Law Society. Employees of a lawyer or a law firm who provide immigration advice in the context of their employment agreement also fall within this exemption on the basis that the employee cannot give advice on their own account and it is the exempt lawyer employer who is responsible for the advice given to the client, not the employee.
Others might be prohibited or restricted from becoming licensed, such as someone convicted of an offence against the Immigration Acts 1964 and/or 1987, or an undischarged bankrupt.