Becoming a licensed immigration adviser

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Becoming an offshore licensed immigration adviser for New Zealand

Video presentation transcript

Barry Smedts - Introduction

I’m Barry Smedts Registrar of the Immigration Advisers Authority.

We’re an independent agency established by the New Zealand Government to protect industry standards

All New Zealand-based immigration advisers now have to be licensed if they wish to practice.

From 4 May 2010, all immigration advisers outside of New Zealand will also need to be licensed if they want to submit applications to Immigration New Zealand.

That’s why we want you to take a serious look at obtaining a New Zealand Immigration Adviser Licence. But first, I’d like to introduce two of our team members, Melissa England and Sonette De Koster.

Melissa England

Thank you Barry and, hi, I’m Melissa England, Team Leader for Licensing Assessment.

Basically, we’re the gate keepers. We ensure that applications meet competency standards developed in cooperation with the immigration advice industry.

We try to be as objective and fair as we can. All applications are scrutinised by a number of assessors before being passed on to the Registrar for final approval. So you’re not just dependent on the judgements of one assessor.

We also provide support when you’ve got your licence and Sonette’s going to tell you about that next.

Sonette De Koster

Thanks Melissa. I’m Sonette De Koster, Team Leader Investigations. Now that sounds kind of spooky but it’s just another aspect of protecting industry standards.

We’re responsible for checking that your operations comply with the Code of Conduct. If they don’t, we see how we can help.

We also investigate complaints and recommend prosecution where necessary. From personal experience, I know the challenges migrants face and it’s great to be able to help.

Barry Smedts – Close

And that’s why we’ve developed this video to help you through your Immigration Advisers Licence Application. We want you to succeed and I’m sure the following guidelines will help you do just that.

Slideshow

SLIDE 1

Now we’d like to walk you through the application booklet. To follow the detailed presentation on the application booklet please click on the audio presentation below.

SLIDE 2

So let’s begin. This is our application booklet; you can either download a copy from our website or request a hard copy by email. This presentation covers the basic application process and requirements.

SLIDE 3

Please turn to page 3 of the application booklet. First we need to note a few privacy issues. The information included in your application will be kept by the Immigration Advisers Authority. This information is protected by New Zealand’s Privacy Act. However some of your information will be made public. All items in the application booklet marked with a book icon will appear on the register and will be available to members of the public. For further information on our privacy policy, please refer to page 3 of the application booklet.

SLIDE 4

Please turn to page 4 of your application booklet. Part A Section 2 asks about your contact details.

Your contact details will be included on the register of licensed immigration advisers. This provides you with a significant marketing advantage. Listing your full contact details on the register is important.

In the future, make sure you keep these up to date because they may prove to be your best source of new business. However, if you don’t want to list your business phone, fax and website address tick the box next to those details on pages 4 and 5 and they will not be included on the register.

SLIDE 5

Please turn to page 7 of your application booklet. For Section 3 just tick the box that best describes what your employment status will be once you are licensed.

SLIDE 6

Section 4 deals with licence types. For more information on these three types of licences follow the link provided at the end of this presentation. For more information on exemptions follow the link provided at the end of the presentation.

Please note that limited licence holders and provisional licence holders can apply to upgrade their licence at any time.

SLIDE 7

A full licence may be granted if you are able to demonstrate overall competence in all areas of immigration advice. We’ll need to see two client files relating to temporary entry applications and two relating to residence applications.

SLIDE 8

A limited licence may be granted if you are able to demonstrate competence in relation to specific areas only. For this we’ll need to see three client files relating to the specified immigration matters you wish to advise on. Limited licence holders can apply to upgrade to a full licence at any time.

SLIDE 9

A provisional licence may be granted to new entrants to the industry or advisers who do not have enough experience to meet the criteria for a full or limited licence. You will need to work under the direct supervision of an immigration adviser with a full licence while you are a provisional licence holder. Provisional licence holders can apply to upgrade to a limited or full licence at any time.

SLIDE 10

At the top of page 8 you are asked to indicate which immigration matters you wish to be able to advise on. Please only complete this section if you are applying for a limited licence. If you select both temporary and residence matters we encourage you to apply for a full licence.

SLIDE 11

Pages 8 to 10 ask about your qualifications.

The first competency standard relates to experience and or qualifications. If you do not have a formal qualification relating to immigration you can still apply for a licence. When your application is assessed, we‘ll be looking for either direct experience or relevant qualifications. If you have any of the qualifications listed, please indicate this at Part A section 5 of your application.

SLIDE 12

Please turn to pages 11 to 12. Part A Section 6 deals with continuing professional development.

We need to see that you’ve undertaken professional development in the last year. We need to know that you’ve kept up to speed with policy developments and changes to the law and that you’re continuing to improve your skills and knowledge in a wide range of areas such as managing client funds and running a business. This is part of being a professional. Doctors, lawyers, accountants and other professions all have continuing professional development or similar requirements.

For the application process you need to specifically list all the continuing professional development activities you have undertaken in the last 12 months. We want to know what, when and where and how it is relevant. Don’t just put a seminar, please give us the name of the seminar and who organised it. A wide range of activities qualify, including official events such as Immigration New Zealand workshops and more general courses and workshops on almost any aspect of your business operations, such as book keeping, financial management, productivity improvement and commercial and immigration law. For more information on continuing professional development please follow the link at the end of the presentation.

SLIDE 13

Pages 12 to 13 deal with English language requirements.

To be granted a licence you must be able to communicate in both spoken and written English to a high standard. A breakdown of the minimum academic scores required for reading, listening, speaking and writing in English are provided on page 12 of the application booklet. Schooling will be considered if it was conducted in English but you will need to provide supporting documentation to confirm your attendance.

For more information follow the link at the end of the presentation.

SLIDE 14

Pages 14 to 15 deal with fitness for licensing; this is a key principle that underpins the integrity of immigration licensing.

Fitness questions cover information such as any history of bankruptcy or criminal offending. This means that all applicants must answer the detailed list of questions in this section of the application booklet. If you answer YES to any of questions 1 to 6 you are prohibited from applying for a licence and may not submit an application. If you answer YES to any of questions 7 to 13 please provide us with full details on a separate sheet and you may still be eligible for a licence.

SLIDE 15

Please turn to pages 16 to 17. This section deals with identity documents. You must submit certified copies of either your drivers licence, birth certificate OR the page of your current passport that shows your photograph and your personal details.

Please note that you should not send original documents with your application. Please read page 16 of the application booklet which provides information on who can certify documents. You must also submit two passport photos which will need to be verified in accordance with the instructions on page 17 of the application booklet.

SLIDE 16

Please turn to page 18. This section sets out the police certificate requirements. Please make sure you read carefully the instructions about obtaining certificates in countries other than New Zealand. If the certificate is not written in English you will need to provide a certified translation.

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 both 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. Page 16 of the application booklet provides details of who can witness a statutory declaration outside of New Zealand.

SLIDE 17

Pages 18 to 19 deal with fee and levy payments.

The licence fee is payable when you submit your application. If you application is deemed substantially incomplete during our pre-assessment checks, the whole application, including the fee will be returned to you. The levy is due when the Registrar has made a decision to approve your application. You will be advised when this payment is due and you will not be licensed until this payment is made. You do not have to pay New Zealand’s 12.5% Goods and Services Tax, as this must be paid by New Zealand-based advisers only.

SLIDE 18

Please turn to page 20. This section requires your authorisation and statutory declaration.

Authorisation means you give the Registrar authority to collect information about you from Immigration New Zealand. Please read this section carefully before signing it.

The statutory declaration confirms that you understand each of the points set out on page 20. This is a legal document and by signing this you are confirming everything provided in the application is true and correct. This will need to be witnessed by a person authorised to take statutory declarations such as a judge or notary public. Page 16 sets out who can witness a statutory declaration outside of New Zealand. A document witnessed by a person not listed here is not acceptable.

SLIDE 19

Pages 23 to 26 of the application booklet explain the supplementary information you must provide with your application. Please read these pages carefully. It is important that the information you present demonstrates that you meet the high professional standards set out in the Immigration Advisers Competency Standards 2008. We rely on you, the adviser, to provide the evidence for us to base our decision on.

It is crucial that you think carefully about the information you provide and that you ensure that it demonstrates how your experience as an adviser relates to the competency standards and the code of conduct. You should also read the competency standards and the code of conduct before completing this section. To access these, follow the link provided at the end of this presentation.

SLIDE 20

Please turn to pages 28 to 29. In this section tell us about your immigration related work experience. If you do not have an immigration related qualification it is essential that you have immigration related work experience.

SLIDE 21

Page 30 deals with your Immigration New Zealand activity record. If you are applying for a full or limited licence you will need to obtain from Immigration New Zealand a record of the cases that you have submitted over the past two years.

First:
Contact the Immigration New Zealand Branch you make lodgements with and request the Client ID for your company. This is the unique ID that Immigration New Zealand has allocated to your company.

Please note it is different from your own personal ID or the ID of any of your clients. If you don’t work through a company, then Immigration New Zealand may be able to give you a unique ID for you personally.

Second:
Email the ID number provided to IAA-Agent-activity@dol.govt.nz and say that you are applying for an immigration adviser licence and that you need your activity record. Immigration New Zealand will then email your activity record to you.

When you receive your activity record from Immigration New Zealand, take time to check it carefully.

In some cases, Immigration New Zealand may not be able to provide a detailed breakdown and it may just show overall company activity. If this is the case, you’ll need to work out which of the Immigration New Zealand cases are your personal cases.

These are the cases that you personally tendered to Immigration New Zealand. You need to ensure that you write only these cases into the record on page 30.

If the Immigration New Zealand record seems to be missing something or has something wrong then please let us know. You can use a separate page to do this. But we do need to see the Immigration New Zealand record too.

Finally:

Attach to your application the activity record that Immigration New Zealand has emailed to you. If you are unable to obtain an Immigration New Zealand record then you will need to provide reasons for this and complete the section on page 30 to the best of your knowledge.

SLIDE 22

Pages 31 to 36 deal with client files.

For full licence applicants
We need to see four client files — two relating to an application for a temporary visa or permit and two relating to applications for residence.

Two out of the four files must relate to applications where Immigration New Zealand has made a decision and the file is completed. This means you must have advised your client of the outcome, sent documents back and archived the file.

The other two can simply have been tendered to Immigration New Zealand. They can still be in process and don’t necessarily need to have been completed. However, you will need to include a copy of the acknowledgement you have received from Immigration New Zealand.

Client files must have been started or completed in the past two years. Where applications are being made for more than one family member only one individual client file can be submitted. This means that family applications cannot be broken up and presented as different client files for each family member. Only one client file can be drawn from a family group. Please make sure you submit only copies of these files.

If client files are in a language other than English, you need to translate them into English. You may do this yourself.

Remember, you need to choose your files carefully. Make sure that the files show how you meet the competency standards. The files you submit are evidence of this.

SLIDE 23

For limited licence applicants
We need to see three client files relating to the specific immigration matters you wish to be licensed to advise on.

Two out of the three files must relate to applications where Immigration New Zealand has made a decision and the file is completed. The other file can simply have been tendered to Immigration New Zealand and still be in process. However, you will need to include a copy of the acknowledgement you have received from Immigration New Zealand.

If client files are in a language other than English, you need to translate them into English. You may do this yourself.

Remember, you need to choose your files carefully and make sure they show how you meet the competency standards.

SLIDE 24

Please refer to pages 31 to 35 of your application booklet. For each client file you will need to submit:

a copy of a client file summary sheet (you can find this on pages 31 to 32);
an evidence checklist (you can find details of this on page 33);
client references for all clients (you can find details of these on pages 35 to 39); and
just one client file questionnaire (you can find further information about this on page 34).

You should photocopy these pages for each client file that you submit.

SLIDE 25

Pages 37 to 39 deal with your professional reference. Your professional reference must be from someone who knows you in a professional work capacity and can answer the questions in the professional reference section. We will not accept references from relatives, employees or Immigration New Zealand staff.

SLIDE 26

Please turn to pages 40 to 47 which set out three questionnaires that you’ll need to complete:

the Immigration Advisers Licensing Scheme questionnaire, on pages 40 to 41;
the Immigration Law and Policy questionnaire, on pages 42 to 44; and
the Business Processes questionnaire, on pages 45 to 47.

We’ll be looking for full answers that demonstrate sound knowledge of all these topics. If you need more space you can submit your answers on a separate sheet.

When answering the Business Processes questionnaire, you’ll note that there are questions on internal complaints and client accounts. The Code of Conduct requires that you have an internal complaints procedure for handling complaints. This is something you might need to develop if you don’t already have one. It benefits you because should you receive complaints, it’s best to try and resolve these before your client makes a formal complaint to the Immigration Advisers Authority.

The Code of Conduct also requires you to have a separate client account if you are taking fees in advance. You will need to outline how you would plan to manage your client’s funds in this situation.

SLIDE 27

You must have a separate bank account for holding any fees your clients pay you in advance. You’ll also need to set up an internal procedure for resolving any client complaints. You must disclose to clients any financial or other interests you have in the goods and services you supply. For example, if you receive a commission for placements you make at a particular language school, college or university or represent them on an exclusive basis, you must declare this to your clients. To read the Code of Conduct please follow the link at the end of this presentation.

SLIDE 28

Provisional licence applicants do not need to submit client files. Pages 48 to 49 sets out the case studies that you must complete if you are applying for a provisional licence. Remember the assessors want to see how your business processes, professional standards and immigration knowledge reflect the Competency Standards and Code of Conduct of the Immigration Advisers Authority. How much information you include is entirely up to you. You must simply provide a clear and complete answer to each question.

SLIDE 29

Pages 51 to 54 deal with supervision arrangements. If you plan to apply for a provisional licence, you’ll need to nominate a licensed immigration adviser who holds a full licence to supervise your work.

Supervision helps protect the migrant and ensure that the advice received is checked by full licence holder. It is also an important part of your professional development as a provisional licence holder.

Direct supervision includes:

Overseeing your work
Checking documentation, and
Overseeing your professional development

You will need to find a supervisor yourself. You and your supervisor must both complete the supervision agreement on pages 52 to 54 of the application booklet. In the future we will audit your supervision records to make sure provisional licence holders are properly supervised. For more information follow the link provided at the end of this presentation.

SLIDE 30

This diagram sets out the process for all applications. We hope to have applications processed within 40 working days as long as the applications are complete when submitted. If they are not complete then we need to assess whether to return the application or hold it on file while we request further documentation.

If there are significant parts missing, we will return the application to you and outline the additional documents needed. If your application is largely complete with only a small part missing, then we may hold it on file while we request the missing documentation.

If we request additional information at any time this will affect our 40 day processing target, so it is in your best interests to ensure a complete application is submitted in the first instance.

Please note that after we advise you that your application has been approved, your licence will not be granted until you pay the required levy.

SLIDE 31

We hope you’ve found this presentation helpful. Please remember:

From 4 May 2010 Immigration New Zealand will not accept applications from an offshore unlicensed adviser.
If you do not submit your application to the Immigration Advisers Authority before 2 December 2009, we cannot guarantee you will be licensed by 4 May 2010.
Prepare your application carefully and submit it now.
You’ll benefit from being a licensed immigration adviser in a professional industry and migrants will have the reassurance of knowing that they are dealing with a licensed professional.

SLIDE 32

Should you require further clarification, please visit our website which has a dedicated portal for becoming a licensed immigration adviser.

If you still can’t find the information you need, email us and we’ll get back to you.

SLIDE 33