Frequently Asked Questions about the
Immigration Advisers Authority

What is the Immigration Advisers Authority?

The Immigration Advisers Authority (“the Authority”) is the organisation that manages the Immigration Adviser licensing process. Headed by a Registrar, the Authority is a statutory body hosted within the Department of Labour but independent from the Department’s day-to-day immigration functions.

The Authority develops and maintains competency standards and a code of conduct, issues licences and keeps a publicly available register of licensed Immigration Advisers. It is also responsible for education, professional training and general communications for licensed Immigration Advisers.

The Authority is also responsible for handling complaints and carrying out prosecutions of unlicensed Advisers. Complaints that involve breaches of the Code of Conduct will be investigated by the Authority and referred on to the Immigration Advisers Complaints and Disciplinary Tribunal, located within the Ministry of Justice. The Tribunal will decide on any sanctions against Advisers, which the Authority will then enforce. Disciplinary actions may include:

• Caution
• A requirement to undertake training
• Suspension or cancellation of licence
• Refunding of fees
• Paying compensation

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Why was the Immigration Advisers Licensing Act 2007 put in place?

The Immigration Advisers Licensing Act’s stated purpose is “to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice.”

Under the Act, anyone giving immigration advice about New Zealand must be licensed (unless they are exempt). It also makes it an offence to provide immigration advice without a licence and provides large fines and imprisonment for unlicensed agents.

Migrants need to know they will be provided with the correct and best information, whether they receive it directly from Immigration New Zealand or from an Adviser.

Making immigration advisers a licensed, recognised profession will protect people from being seriously disadvantaged through poor advice or unprofessional behaviour. It will also protect advisers, helping to ensure that they give their clients sound advice and professional service. The law also supports new continuing professional development programmes and recognition of their work as a regulated profession.

Read the Immigration Advisers Licensing Act 2007 online

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What does the Immigration Advisers Licensing Act 2007 require?

The Immigration Advisers Licensing Act 2007 requires anyone who gives advice about New Zealand immigration matters to be licensed (unless they are exempt). The law applies whether a person is giving advice in New Zealand or offshore.

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When does the law take effect?

Immigration Advisers in New Zealand must have a licence by 4 May 2009.

Offshore Advisers giving advice on New Zealand immigration matters must have a licence by 4 May 2010.

Licences will have to be renewed annually.

Licences can only be held by individuals, not organisations, and they can’t be transferred to anyone else.

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What is immigration advice?

Immigration advice is:

• Using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward.

Immigration advice is not:

• Providing information that is publicly available or that is prepared or made available by the Department of Labour
• Directing a person to the Minister or the Department of Labour or an immigration officer, a visa officer, a refugee status officer, or a list of licensed Immigration Advisers
• Carrying out clerical work, translation or interpreting services, or settlement services.

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Who will need to get a licence?

All people providing immigration advice (as defined above) will be subject to the new law, unless they are exempt.

Immigration New Zealand will not accept applications from unlicensed Immigration Advisers (unless they are exempt).

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Are people who work for an education provider exempt from having to hold a licence?

Under the Act, people who give immigration advice in regards to student visas or permits offshore are exempt.

Within New Zealand however, people who work in the education sector engage with students in a wide variety of ways. Some of this engagement will constitute immigration advice and some will not. The Immigration Advisers Authority has developed a guideline which explains what is and is not immigration advice . You can read the guideline here.

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Do my client files have to be translated into English?

Yes. They can be translated by anyone your Adviser deems qualified to do so.

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Who can hold a licence?

A licence will be granted to people who meet the requirements of the Act. To summarise, the Authority must grant a licence to any applicant who:

• Is considered “fit” to be licensed;
• Meets the Authority’s minimum standards of competence;
• Properly completes the application process and pays any fees in full, and;
• Is not prohibited from registration (prohibited people include undischarged bankrupts, those convicted of certain offences and recent immigration, refugee status, or visa officers).

Licences are granted to individuals, not organisations, and they cannot be transferred.
A lawyer cannot be licensed. However, they may still give immigration advice under the auspices of their own codes and regulations.

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Are there any exemptions?

Certain people will be exempt from licensing, but can still provide advice. These include:

• People 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 Parliament and their staff who provide immigration advice within the scope of their employment agreement
• Foreign diplomats and consular staff accorded protection under certain Acts;
• 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, where at least one lawyer is involved with the centre
• People working (either employed or volunteers) for citizens advice bureaux
• People who provide immigration advice offshore who advise on student visa and permit applications only
• People exempted by Regulations

Others might be prohibited or restricted from becoming licensed, such as someone convicted of an offence against the Immigration Act or an undischarged bankrupt.

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How do I apply for a licence?

You can request forms and information by emailing info@iaa.govt.nz or by freephone 0508 422 422 (NZ only). If phoning from outside New Zealand you can contact us on +64 9 925 3838. Or, you can write to us at PO Box 6222, Auckland 1141, New Zealand.

Then we will assess your application and notify you of our decision.

Please allow plenty of time when applying to us for a new licence during the voluntary period between 4 May 2008 and 4 May 2009 (for New Zealand based Immigration Advisers) and until 4 May 2010 (for offshore Immigration Advisers). Also allow plenty of time when applying for a renewal of your annual licence.

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What types of licences are available?

There are three different kinds of licences: full, limited and provisional. While the areas of competence are similar for all three types of licence, the level of knowledge required will be different.

• Full licence: May be granted when an Adviser has proven overall competence in all areas of immigration advice. An Adviser with a full licence can provide advice across the entire range of immigration matters.
• Limited licence: Authorises Advisers to provide immigration advice, without supervision, in relation to specified matters only. A person who holds a limited licence may have chosen to specialise in one particular area, so they must prove that they can provide advice, unsupervised, in relation to that specialist area only.
• Provisional licence: Allows an Adviser to provide immigration advice, but only under the direct supervision of a fully licensed Immigration Adviser. A provisional licence may be granted to:
  • New entrants to the industry, who have some knowledge of immigration matters but little or no experience.
  • People who do not qualify for a full licence but are otherwise sufficiently competent to provide advice under supervision.

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What will I have to do to be approved?

To obtain and hold a licence, Advisers will have to meet competency standards, adhere to a code of conduct, and be "fit" to practise. An applicant’s personal history will be considered, including criminal convictions, immigration offences, bankruptcy or other issues that might make them unsuitable to provide immigration advice and receive a licence.

A licence will be granted once all the conditions are met and any fees paid.

The draft competency standards and code of conduct both underwent a public consultation process in late 2007.

Full information on the application requirements will be available as soon as they are finalised.

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What’s in the Competency Standards and Code of Conduct?

The Act requires there to be Competency Standards and a Code of Conduct. Under the new law, the Competency Standards must include:

• Relevant qualifications
• Practical experience and knowledge
• Continuing professional development, and
• Communication in English.

The Code of Conduct must cover:

• Obligations to clients
• Obligations to the Minister and Department handling Immigration
• Conflicts of interest
• Disclosure requirements
• Reasonableness of fees charged by Advisers
• Provision of a consumer complaints process.

The draft competency standards and code of conduct underwent a public consultation process in late 2007. Final documents are available here.

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What are the requirements for providing my INZ client files?

If you are applying for a full or limited licence we will accept client files which are still in process with INZ as long as a minimum of two client files which show a full end-to-end process and INZ decision are also submitted. If you provide any client files where a decision has not been made by INZ we would expect to see an acknowledgement from INZ that the case is in progress and we will be looking for evidence throughout the rest of the file that you meet the competency standards. Please choose your files carefully to ensure that they are a good representation of your business processes and your ability to meet the competency standards.

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How much will it cost?

In line with earlier projections, the total cost for a licence has been set at $1,995 (incl gst). This is made up of an NZ$890 licensing fee (NZ$791.11 if you are not ordinarily resident in New Zealand) and a NZ$1,105 levy (NZ$982.22 if you are not ordinarily resident in New Zealand). Licence upgrade fees will be NZ$535 (incl gst - NZ$475.56 if not ordinarily resident in NZ).

Licence fees will cover the cost of processing and assessing all applications: initial licence, licence renewal, and licence upgrade. Levies will cover the cost of funding the functions of the Authority (other than application costs) and Tribunal costs.

The licence renewal fee has not yet been set. To calculate it, the Authority will need information about numbers of Advisers and actual application processing costs. This will not be available until later this year.

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Do I qualify for a waiver of fees and levy as a not-for-profit Adviser?

You may be entitled to a waiver of licensing fees and the Immigration Adviser’s levy if you are acting as an Immigration Adviser on a not-for-profit and non-commercial basis or you are an employee of or volunteer for an organisation that is operating on a not-for-profit and non-commercial basis.

A not-for-profit organisation is likely to be one that:

• does not return profits to owners; and
• does not charge fees or more than nominal fees; and
• is charitable and non-commercial in nature; and
• is institutionally separate from government: and
• is self-governing.

To obtain a waiver you need to contact the Authority to obtain a letter of confirmation of your not-for-profit status. To confirm your status the Authority will need information from you about your activities and responsibilities and (if applicable) information about the organisation you work or volunteer for. You will be required to provide the contact details of a person that can provide supporting information and/or documentation.

You need to submit the confirmation letter with your application for a licence.

Note: any waiver of fees and levy only applies while you maintain your not-for-profit status. If your circumstances change you must immediately inform the Authority in writing.

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How long does the licence last?

Licences last for up to 12 months. You must have a current licence in order to practise as an Immigration Adviser. You will need to factor in plenty of time to make a new application and to renew applications.

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Which Ministry of Justice form do I use to obtain my New Zealand Criminal Record History?

Page 18 of the application booklet explains how to apply for a New Zealand police Criminal Record History. Please contact the Immigration Advisers Authority to obtain a signed “Priv/F2 –Request by a Third Party” form. Do not use the form available on the Ministry of Justice website.

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Am I eligible for licensing in New Zealand under the Trans-Tasman Mutual Recognition Act 1997?

If you are currently registered as a migration agent in Australia, you may be eligible for licensing in New Zealand under the TTMRA.  The Authority is currently finalising the process for application under the TTMRA.  Once approved, all documentation will be posted on the website.  Please check back for further updates.

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What about Advisers who are working overseas?

Licensing for Immigration Advisers based offshore will be voluntary up to 4 May 2010. After that, you must be licensed in order to give advice on immigration matters.

People offshore who are only advising on student visa and student permit applications are exempt.

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What happens if someone wants to complain about an Adviser?

Under the Immigration Advisers Licensing Act, anyone can lay a complaint against an Adviser through the Immigration Advisers Authority. The matter will be investigated and referred to the Complaints/Disciplinary Tribunal where appropriate.

Under the new law, offences for providing immigration advice without a licence will come into force. The Authority will carry out prosecutions of unlicensed agents. Penalties include a maximum of seven years' imprisonment, a $100,000 fine, or both.

Immigration Advisers, both licensed and unlicensed, are also subject to offences under the Immigration Act, Crimes Act and other legislation.

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Can I complain to the IAA about my Immigration Adviser?

Yes you can. The IAA has a robust complaints process to investigate complaints against all licensed Immigration Advisers. However, we cannot investigate complaints occurring before 4 May 2008, or investigate complaints that predate the issuing of a licence to your Immigration Adviser.

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Can I only complain to the IAA if my Immigration Adviser has, or had, a current licence at the time of my complaint?

Yes.

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How do I know if my Immigration Adviser has a licence?

All licensed Immigration Advisers must display their current Adviser’s licence in a prominent place at their place of business at all times. They must also provide evidence of being licensed to clients on request. From 4 May 2009 all onshore Immigration Advisers must have a licence. You can check the IAA Register of Immigration Advisers online at www.iaa.govt.nz or inspect the Register at the IAA’s offices to confirm if an Immigration Adviser has a licence.

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What do I do if I want to complain about my licensed Immigration Adviser?

First of all talk to your licensed Immigration Adviser and try and resolve the problem. The Code of Conduct requires all licensed Advisers to develop and maintain internal procedures for the resolution of complaints and explain these to the clients. If, after talking to the Adviser, you want more information go to the IAA website www.iaa.govt.nz and read our How to make a Complaint brochure or you can telephone 0508 IAA IAA (0508 422 422) and request a How to make a Complaint brochure be posted to you.

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