Who needs to be licensed?

What are my options if I am an employer or recruiter?

Recruiting skilled staff overseas is critical to the operation of many modern businesses.

The Immigration Advisers Licensing Act affects the type of immigration advice you can provide prospective employees with.

For many employers, having a licensed immigration adviser in house would not be cost effective.  However, having a designated employee who has experience in immigration matters licensed by the Authority is a matter many employers who routinely recruit overseas workers may wish to seriously consider.  Not only will this be a requirement if employers wish to provide immigration advice to the overseas employees ‘in house’, but it offers the opportunity for employers to build their capacity in offering specialist advice and services to their overseas employees. 

While the main objective of the licensing regime is to protect consumers, the requirements have benefits for organisations, too.  From a commercial perspective, licensed advisers may use their status as a marketing tool to demonstrate that they meet the New Zealand government’s quality standards.  This will be to the benefit not only of the employer and employees concerned, but also to the reputation of New Zealand as a high quality migrant destination.

What are my options if I am an educator (or an education agent) dealing with international students?

There is an exemption in the Act for people providing immigration advice offshore relating to student visas only. These people, including education providers and/or their agents, may continue to give this type of immigration advice without a licence.

Within New Zealand and overseas, people who work in the education sector engage with students in a wide variety of ways. Those who provide immigration advice must be licensed.

What are my options if I am a travel seller and deal with people who want to travel to New Zealand?   

Travel sellers, including ‘accredited’ sellers operating under the ADS (Approved Destination Status) scheme and the Kiwi Specialist programme generally arrange New Zealand holidays for people and promote New Zealand as a travel destination. Their function is not to give immigration advice. People do not require a licence to provide travel and holiday advice and information. However, some travel sellers may provide immigration advice and must be licensed.