Licensed immigration advisers
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Maintaining the competency standards
Licensed advisers are required to maintain the competency standards, also available in: [rtf, 7 pages, 280kB] [PDF, 7 pages, 60kB] Combined competency standards and code booklet [PDF, 24 pages, 714kB].
The competency standards set the minimum standards of competence for a licensed immigration adviser. For example, competency standard 4 requires the holder of a full licence to “arrange agreed services in a timely, complete and accurate manner”.
There are seven competency standards and each standard includes one or more performance indicators. The standards required for a provisional licence holder differ from those required for a full or limited licence holder, because a provisional licence holder works under the direct supervision of a full licence holder.
The competency standards are also published in the New Zealand Gazette.
Following the code of conduct
As a licensed adviser, you must follow the code of conduct, also available in: [rtf, 4 pages, 138kB] [pdf, 4 pages, 27kB] two page A4 print version [pdf, 2 pages, 124kB] Combined competency standards and code booklet [PDF, 24 pages, 714kB] which outlines professional and ethical conduct, including:
- obligations to clients;
- obligations to the Minister of Immigration, the Department, including the Immigration Advisers Authority and Immigration Tribunals;
- business management;
- client funds;
- misrepresentation;
- conflicts of interest;
- disclosure;
- fees;
- provision of complaints procedures;
- display of licence.
All licensed immigration advisers are required to explain the code of conduct to clients and give them a written copy. The code of conduct is also published in the New Zealand Gazette.
Guidelines on following the code of conduct
- Guidelines on code of conduct requirements for written agreements with secondary clients
- Guidelines on code of conduct requirements for managing client funds
My continuing professional development (CPD) responsibilities
The Registrar has written policy guidance for licensed immigration advisers, who are required to participate actively in relevant professional development activities. It includes useful tools and templates to help you plan and participate in CPD.
This policy covers:
- the requirements of competency standard 7;
- the Registrar’s policy on what constitutes “relevant” activity;
- guidance to help you plan and participate in CPD;
- explanation of how CPD requirements link to evidence requirements for upgrade and renewal of a licence.
Client complaints
The code of conduct requires all licensed immigration advisers to have an internal procedure in place to deal with complaints from their clients. Remember, an internal complaints procedure allows for transparency in all dealings and ultimately protects you and your client. If the client contacts you to complain, you should try and resolve the problem by following your internal complaints procedure. The client may also complain directly to the Registrar.
The Registrar will investigate your client’s claim and may refer it to the Immigration Advisers Complaints and Disciplinary Tribunal for a decision.
The Registrar cannot investigate complaints that relate to advice provided or an event that occurred before 4 May 2008. The Registrar also cannot investigate a complaint that predates the issue of your licence.
Renewing my immigration adviser licence
Your licence must be renewed annually and to help guide you through the process, the Authority has developed a renewals policy. As part of our assessment, you’ll have to provide an exemplar client file and show that you meet competency and fitness standards and adhere to the code of conduct. You’ll receive an email approximately two months prior to the expiry of your current licence and shortly after we’ll send you an application for renewal form to complete. We strongly recommend that you submit your application for renewal at least one month prior to the expiry of your current licence. If we don’t receive your application before your licence expires, our public register will indicate that your licence has expired. Immigration New Zealand will no longer accept your immigration applications and you must stop giving immigration advice.
Here is more information and frequently asked questions on the renewal process.
Renewal forms
- Application Form for Renewal of an Immigration Adviser Licence [pdf, 28 pages, 1.85MB]
- Application Form for Approval of Supervision Arrangement (Renewals) [pdf, 3 pages, 280kB
Using the Trademark for advertising and marketing
To ensure you’re using the Trademark correctly when marketing your business, the Authority has developed some Trademark Requirements which explain our advertising practices. A key point to remember is that you can’t use the Trademark in a way which creates an impression that your company or business trade name is licensed. In a recent case, staff from a consultancy company enlarged the official Trademark to poster size and hung it on the glass entrance way to their office. So what’s the problem with this form of advertising? There is no reference to the licensed individual working for the company and this therefore creates the impression that the company is licensed. If they persisted with this kind of advertising, the company would be prosecuted. On a website, the Trademark must not be displayed as hidden text or in a linked page to the Trademark. The Migrate New Zealand website [external link] is a good example of how to correctly display the Trademark and attribute the name of the licensed adviser.