Licensed immigration advisers

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Renewals policy

1 July 2010

R.1 Introduction

  1. This document sets out the Registrar of Immigration Advisers' (the Registrar) policy on the annual renewal of an immigration adviser licence (licence).

R.2 Onus on licensed advisers to maintain current licence

  1. The onus is on a licensed immigration adviser (adviser) to maintain the currency of their licence. The Registrar has no discretion to accept renewal applications received after the expiry of an adviser's current licence. 
  2. A licence renewal application must be made to the Immigration Advisers Authority (the Authority) on or before the date on which the licence expires. (Section 24(1) of the Immigration Advisers Licensing Act 2007)
  3. If an application for renewal of a licence has been lodged but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined. (Section 24(3)  of the Immigration Advisers Licensing Act 2007)
  4. Advisers are required to notify the Authority of any relevant change in circumstances, including changes to contact details. This will help ensure that   an adviser receives a renewal reminder from the Authority. (Section 26  of the Immigration Advisers Licensing Act 2007)
  5. If any adviser fails to maintain a current licence, the expiry of the licence will be recorded on the register of licensed immigration advisers (the register) and the adviser will no longer be able to give immigration advice, unless they apply for and are granted a new licence in the future. (Section 33 of the Immigration Advisers Licensing Act 2007)

R.3 Renewal application streams

  1. There are two renewal application streams: standard and fast-track.
  2. All advisers must lodge a standard renewal application for two consecutive years after their initial licence is granted.
  3. Eligible advisers may lodge a fast-track renewal application for two consecutive years unless:
    1. Since their most recent renewal, a complaint relating to the adviser has been made to the Authority that meets the criteria set out in section 44 of the Immigration Advisers Licensing Act 2007 (the Act), and the adviser has been informed of this; or
    2. Since their most recent renewal, the primary company or organisation the adviser works for has changed; or
    3. The Authority has requested the adviser to provide evidence of a change in business practice at their next renewal.
  4. The Authority may request an adviser to provide evidence of a change in business practice at their next renewal where they have failed to demonstrate adherence to a particular aspect of the competency standards or the code of conduct and where the failing is not significant enough to warrant refusal of their application or a complaint.
  5. An adviser who has had a complaint made against them and has subsequently had a renewal approved through the standard renewal process may go through the fast-track stream even if the Tribunal has not made a decision on the complaint before the adviser's next renewal.
  6. After every two consecutive fast-track renewal applications advisers are required to lodge one standard renewal application in the following year.

R.4 Acceptance of applications

  1. The Authority will send a renewal reminder to advisers approximately two months prior to the expiry of their licence. An adviser wishing to renew their licence must complete and submit the correct application form in hard copy, together with the required fee and supporting documentation.
  2. A standard or fast-track application for renewal must be submitted to the Authority by mail or courier, or delivered in person to the Authority's premises. Applications must not be submitted by facsimile or email. Applications that are incomplete when they are received by the Authority may be returned.
  3. A standard or fast-track application for renewal must be received by the Authority on or before the expiry of an adviser's current licence. This means that the application must reach the Authority before 5pm on the working day the licence expires, or the working day before the licence expires if the licence expires on a day that is not a working day.
  4. A standard or fast-track application for renewal may not be lodged more than two months before the expiry of an adviser's current licence. This means the information provided with the renewal is current at the time of assessment. Applications received prior to two months before the adviser's licence expiry date will be returned.
  5. The Authority will acknowledge the application and provide a receipt for the fee.

R.5 The fee and levy

  1. The renewal fee is NZ$890.00 (ordinarily resident in New Zealand) or $791.11 (not ordinarily resident in New Zealand).
  2. The licensed immigration advisers levy is NZ$1,105.00 (ordinarily resident in New Zealand) or $982.22 (not ordinarily resident in New Zealand).
  3. The renewal fee and levy are the same for both the standard and fast-track application streams.

R.6 Grant of licence

  1. If the application for renewal is successful the adviser will be required to pay the prescribed levy. Once the levy is received, the adviser will be provided with a new licence and identification card, and the register will be updated.
  2. The grant of a renewal of a licence takes effect from the date of expiry of the previous licence. (Section 24(4) of the Immigration Advisers Licensing Act 2007)

R.7 The standard renewal application process

  1. The Registrar will assess whether a licensed adviser meets the minimum standard of competence and is complying with the code of conduct. The Registrar may take into account any matters which the Registrar deems relevant to the renewal application, including the evidence provided by the applicant.

R.7.1 Evidence required

  1. The standard renewal form requires the adviser to:
    1. Confirm their ongoing fitness for licensing
    2. Provide information about their participation in relevant continuing professional development (CPD) activities
    3. Provide information about the immigration applications the adviser has dealt with during the licensing period
    4. Attach a copy of the adviser's internal complaints procedure
    5. Attach copies of bank statements and client tracking records for the adviser's client account for the most recent three month period in consecutive date order (only if the adviser takes money in advance)
    6. Demonstrate how the adviser has addressed any previous request for evidence of a change in business practice
    7. Provide one complete client file (started and finalised within the period of the adviser's current licence, with authorisation and declaration from that client) that demonstrates their compliance with the Immigration Advisers Competency Standards 2008 (competency standards) and commitment to the Licensed Immigration Advisers Code of Conduct 2008 (code of conduct). If the adviser does not have a finalised client file, they may choose a file that is substantially finalised, that is, a file only requiring the final decision from Immigration New Zealand. The client file may relate to any immigration matter.
    8. Pay the renewal application fee
    9. Submit one verified passport photograph
    10. Sign a statutory declaration declaring that all information provided in the application form is complete, correct and up to date.
  2. If a provisional licence holder wishes to renew their provisional licence, they must also submit an application to have the existing supervision arrangement re-approved or to enter a new supervision arrangement, and submit a copy of that proposed supervision arrangement. Alternatively, the adviser may apply to upgrade to a full or limited licence.
  3. Although it will not form part of the assessment, advisers are also asked to provide information about the fees they charge for the various immigration matters they are involved with. Information about median and average fees will be collated and published on the Authority's website in due course, for public reference. Fees charged by individual advisers will not be published.

R.7.2 Assessment of standard renewal applications

  1. The information in this section is given as a guide only. In addition to the specific matters below, if the evidence provided in a renewal application raises any concerns about whether an adviser is meeting any of the competency standards, or indicates any issues of non-compliance with the code of conduct, the Registrar may investigate those issues in full.
  2. An applicant's competence may also be assessed by the Registrar choosing to carrying out an inspection. (Sections 20(f) and 57 of the Immigration Advisers Licensing Act 2007)

R.7.2.1 Continuing Professional Development

  1. At the time of renewal, a licensed adviser is required to demonstrate that he or she has participated in relevant CPD activities as required by competency standard 7. The Registrar expects advisers to complete at least 20 hours of CPD activities each year.
  2. For full and limited licence holders, standard 7 states that an adviser must "maintain skills and knowledge through participation in relevant professional development activities".
  3. For provisional licence holders, standard 7 states that an adviser must "develop skills and knowledge through participation in relevant professional development activities".
  4. The performance indicator for holders of all types of licences is that the adviser must "participate actively in relevant professional development activities". The performance indicator states that professional development activities could include:
    1. Reading materials relevant to the provision of immigration advice provided by the Registrar or another organisation
    2. Receiving formal instruction, education or training relevant to the provision of immigration advice
    3. Attending information sessions, seminars, courses or conferences relevant to the provision of immigration advice
    4. Participating in the structured supervision or mentoring of another immigration adviser
    5. Active participation in a relevant professional body, organisation or association
    6. Self-directed learning on topics relevant to the provision of immigration advice.
  5. The adviser must state on the application how each CPD activity they have undertaken is relevant to their own development needs and to their profession, and to explain how the activity relates to one or more of the competency standards 2, 3, 4, 5 and 6. These relate to:
    1. Knowledge of the immigration advisers licensing scheme
    2. Understanding of immigration law and policy relating to New Zealand
    3. Knowledge of the immigration application process
    4. Communication techniques in the immigration process in the English language
    5. The professional, ethical and responsible conduct of business.

R.7.2.2 Competency Standards and the Code of Conduct

  1. From the evidence and information listed at R.7.1.a, the Registrar will assess whether the adviser continues to meet the competency standards, in particular competency standards 4 and 6, and assess the adviser's compliance with the code of conduct. The Registrar will be specifically considering:

i. Evidence of written agreements that fully describe the services that will be provided by the adviser.
  • Is the agreement clear, concise, and easily understood in plain English?
  • Does it provide a full description of the services that will be provided?
  • Are significant issues that may affect the application documented?
  • Are the terms and conditions for payment of fees and disbursements clearly set out?
  • Are clients advised that are entitled to seek independent legal advice?
  • Are clients advised of the adviser’s internal complaints procedure?
  • Do clients acknowledge that they have been given and explained the code of conduct?
  • Are changes to the terms of the agreement recorded and agreed in writing?

ii. Evidence that clients are invoiced correctly.

  • Are invoices provided each time a payment is payable?
  • Do invoices contain a full description of the services they relate to?
  • Is GST being charged correctly?
  • Do invoices reconcile with the terms of the written agreement?

iii. Evidence of how client funds taken in advance are managed.

  • Only where client funds are paid in advance for fees and/or disbursements, are these maintained in a separate bank account?
  • Are funds held in advance in the client account withdrawn only when payments for fees and/or disbursements are payable?
  • Are client transactions recorded and tracked, and are complete records available?

iv. Evidence of professional business practices relating to records and documents.

  • Is there a record that the client has been advised that their immigration application has been submitted to Immigration New Zealand?
  • Are communications with clients timely?
  • Is the file well documented? Does it tell a complete story?

v. Compliance with legislative and operating requirements.
  • Are applications being lodged appropriately?
  • Are applications made in a timely manner?

R.8 The fast-track renewal application process

  1. The fast-track renewal form will be available from May 2011. This policy document will be updated at that time with details of what the form will require.

Tips

To ensure a smooth renewal process, the Authority suggests that you:

Related documents

This document should be read together with:

The Fast-track Application Form for Renewal of an Immigration Advisers Licence will be available from May 2011. Additional information is also contained in the Frequently Asked Questions (FAQs) on renewals .

This policy was updated on 1 July 2010.  If you wish to view the previous policy, please email the Authority at info@iaa.govt.nz.