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Licensed immigration advisers reference group meeting minutes

Date:	21 May 2009
Place:	Immigration Advisers Authority, 52 Symonds St, Auckland
Attendees:	IAA - Barry Smedts (chair), Catherine Albiston (operational policy) Licensed immigration advisers - Richard Howard, Christiaan Arns, David Cooper, Todd Cozens, Karen Justice, Ann Nolan, Maricel Weischede, Michael Yoon
Apologies:	Iain MacLeod, Kishore Sadarangi
Minutes	Gracie Li

 

1. Introductions

The chair welcomed the group and members of the group introduced themselves.

2. Discussion on the role of the reference group

The chair talked through the role of the reference group:

• Group comments:
  • Support was expressed for the reference group as a vehicle for licensed adviser input to the Authority, particularly in the new climate of mandatory licensing.
  • Some members noted that advisers are aware of the establishment of the reference group and want to approach members of the reference group to present their comments and questions on behalf of them.
  • Some members noted that more time should be given for the reference group to respond to written consultation, that comments should be circulated and that there should be the opportunity for a second round of comments.

• IAA actions:
  • The Authority will endeavour to allow more time for consultation on written papers.
  • The Authority will circulate a summary of feedback taken on board after written consultation, but will not undertake a second round of consultation.
  • The Authority will publicise on the website the dates of the reference group meetings and the reference group minutes to ensure that all licensed immigration advisers are informed about the reference group and may submit issues for discussion directly to the Authority.

3. Discussion on evidential requirements for licence applicants

Catherine Albiston discussed the proposed review of evidential requirements for full and limited licence applicants.

• Group comments on the review:
  • Several members expressed the need to exercise care so as not to compromise what a licensed adviser stands for and what is expected of a licensed adviser.
  • Some members suggested that the provisional licence pathway could be reviewed to allow for supervision of those with prior immigration experience for a period of time, without ongoing ‘direct supervision’.
  • Support was expressed for new entrants to be given the opportunity to practise and enter the industry.
• Group comments on evidential requirements for full and limited licence holders:
  • One member suggested creating a simulated client file rather than a case study that encompasses comprehensive scenarios and requires real-time responses in a robust testing environment.
  • One member suggested requiring at least three recent years immigration experience in specific areas.
  • One member suggested that applicants should be required to apply business process templates to the case studies.
  • One member suggested that the applicant should provide examples of previous cases of client service experience (not necessarily immigration-related work experience) to demonstrate the applicant’s understanding of ethical behaviour and business procedures.
  • One member suggested asking targeted and relevant real-life scenario questions to applicants during telephone interviews to test their understanding and knowledge.
  • Support was expressed for a robust testing system, such as an entrance exam or test.

4. Discussion on written agreements with multiple clients

Catherine Albiston discussed the code of conduct requirement regarding written agreements (1.5) and requested scenarios where the adviser is not dealing directly with the visa or permit applicant.

• Group comments on organisations or individuals with whom an adviser may be engaged who is not the actual visa or permit applicant:
  • Employers
  • Family members (sponsor/partner/other relatives)
  • Recruitment agencies
  • Educational institutes
  • Migration agencies offshore
  • Relocation companies
  • Travel agencies
  • Co-ordinator – group visas.

• Group comments on obtaining a signed disclosure document in these scenarios:
  • The group agreed that where the primary relationship is with an organisation or individual who is not the immigration applicant it is possible to get a signed disclosure document in all cases (and a written agreement in some cases), except where the applicant is part of a group visa application.
  • One member commented that the terms and conditions should be made clear with the client at time of engagement – that the visa or permit applicant(s) must sign a disclosure document as well as the application form.
  • The disclosure document should contain the following information:
    • Clear information on what services are to be provided and what the process will be
    • Acknowledgment that the visa or permit applicant is clear on the services being provided to them and the process that will take place
    • Clear information on what fees the visa or permit applicant is responsible for (if any)
    • A link to Immigration Advisers Authority website and the code of conduct in particular
    • Clear information on what personal information will be disclosed to other parties, in particular Immigration New Zealand and the employer or primary client of the immigration adviser.
  • The disclosure document should be signed by the visa or permit applicant and returned to the adviser. If this is not possible, the document should be agreed by email, or at the very least, provided to the applicant.

• IAA action:
  • The Authority will develop guidelines for a disclosure document and circulate it with the reference group for comment and agreement before circulating with all licensed immigration advisers.

5. Closing discussion

• Feedback on today’s meeting:

• Group comments:
  • Support for the format of the meeting (papers circulated in advance, plenty of time for discussion).
  • Future meeting dates 20 August 2009 and 19 November 2009 agreed, 10:30am to 2pm, in Auckland.
  • Suggestions for issues for discussion at next meeting
    • Upgrade policy and forms.
    • Development of qualification and CPD framework.
    • Offshore licensing.