Who needs to be licensed?
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
Example scenario one – not giving advice
- Describing to a migrant the eligibility criteria for particular immigration categories as represented on the INZ website or in a Department of Labour publication.
- Letting the migrant decide whether to apply under a particular category.
- Translating the information where necessary.
- Completing the required visa application form under the migrant’s direction.
- Forwarding the application to INZ.
– these do not involve giving immigration advice and do not require a licence.
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.
Example scenario two – giving immigration advice in New Zealand
Advising a migrant to apply for residence in New Zealand under a particular category, describing the advantages for applying under that category over an alternative category and assisting the migrant to tailor their application to meet the requirements of that category is providing immigration advice. Wherever you are in the world, you need to be licensed, unless you are exempt.
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.
Q. What is the cost of licensing?
The cost of applying for a licence is $2039.33 (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.
FLOW CHART
Long description of flow chart
Contact the Immigration Advisers Authority:
Website: www.iaa.govt.nz
Freephone: 0508 422 422
If offshore, phone +64 9 925 3838
Email: info@iaa.govt.nz
For information and fact sheets from INZ that employers and recruiters can refer migrants to, please visit the INZ website at: www.immigration.govt.nz/employerfactsheets