Employers, recruiters, educators & travel sellers

IMMIGRATION ADVISER LICENSING

A guide for New Zealand employers and recruiters of migrants

In order to protect the interests of consumers receiving immigration advice and to enhance New Zealand’s reputation as a migration destination, the Immigration Advisers Licensing Act was passed in 2007.

Anyone giving New Zealand immigration advice must be licensed by the Immigration Advisers Authority, unless they are exempt.

Immigration New Zealand (INZ) will not accept applications made by unlicensed immigration advisers, unless they are exempt.

How does immigration adviser licensing affect employers and recruiters? – your options

Referring on

Without a licence, you can refer all requests for immigration advice to INZ or to a licensed immigration adviser – there’s a register of these on the Authority’s website – or to someone else legally entitled to give immigration advice because they are exempt.

Giving information but not advice

Giving immigration advice is more than providing information. It means using your knowledge or experience to tailor advice on a New Zealand immigration matter specifically for another person’s circumstances. The guidance, assistance, direction or representation given may involve providing options about the person’s possible entitlements, or avenues they might take.

You can continue to give certain types of immigration information and help to migrants without needing a licence. This includes carrying out clerical work, doing translations, carrying out settlement services, referring someone to INZ, or providing publicly available information.

What if I have provided immigration advice before the Act was passed and my company wants me to apply for a licence, but I can’t provide client files because I haven’t made applications to INZ?

Anyone applying for a licence needs to provide evidence that they meet the competency standards for licensing. This evidence includes submitting client files. If you want to apply for a full or limited licence and you can’t provide complete client files, you should contact the Authority for assistance.

I have been working overseas as an immigration adviser and have recently returned to New Zealand. Can I still apply for a licence?

Yes. You can’t provide immigration advice legally without a licence, unless you are exempt. Contact the Authority to discuss making a licence application. Also –

• New entrants to the immigration advice industry need to apply for a provisional licence.
• Licences are for individuals, not companies and are not transferable.
• If you apply for a licence from the Authority, you cannot provide advice until you receive your licence.
• The Authority aims to process licence applications within 40 working days.

Q. What is the cost of licensing?

The cost of applying for a licence is $1995 (incl. GST). This is also the cost of annual licence renewal. You will also need to allow for costs of continuing professional development for licensed staff.

Q. What’s in it for you?

Licensed immigration advisers benefit from:

• recognition of their work as a profession;
• recognition that they are meeting New Zealand Government quality standards;
• an ongoing professional development programme.

By working with – or having in house – a licensed immigration adviser:

• you will have certainty that migrant employees are getting the correct and best advice and their applications will be made in a thorough and timely fashion;
• you will be able to offer a comprehensive advice service to migrant employees;
• this will benefit you, the migrant and New Zealand.

Good advice = happy migrants =good settlement outcomes.

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