Licensed immigration advisers
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Renewals policy
Introduction
Section 24 of the Immigration Advisers Licensing Act 2007 (the Act) provides that an application for renewal of a licence must be made to the Registrar of the Immigration Advisers Authority (the Authority) on, or before, the date on which the licence expires.
Sections 18 to 22 of the Act, which prescribe requirements for licence applications, granting licences, assessing competence, refusing licences and the duration of licences, also apply to licence renewals, subject to any necessary modification and subject to provisions in any regulations.
If an application for renewal of a licence has been made, but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.
The grant of a renewal of a licence takes effect from the date of expiry of the previous licence.
Purpose
This policy sets out how sections 18 to 22 of the Act will be applied to the renewal of licences. The policy is valid for applications made to renew licences expiring on or before 3 May 2010, unless otherwise notified by the Registrar.
IMPORTANT: The onus is on licensed immigration advisers to maintain the currency of their licences. The Registrar has no discretion to accept renewal applications received after the expiry of an adviser’s current licence.
If any adviser fails to maintain a current licence, the expiry of his or her licence will be recorded on the register of licensed immigration advisers (the register) and he or she will no longer be able to give immigration advice, unless he or she applies for a new licence in the future.
Advisers are required to keep their contact details up to date, and should lodge applications and respond to queries or requests from the Authority promptly.
The Application Process
Summary
The Authority will contact an adviser approximately two months prior to the expiry of his or her licence, and will provide an application for renewal form. An adviser wishing to renew his or her licence must complete and submit the application form in hard copy, together with the required fee and supporting documentation.
The form requires the adviser to establish his or her ongoing fitness for licensing, provide information about the work the adviser has been involved in during the licensing period, provide information about his or her participation in relevant continuing professional development (CPD) activities, and demonstrate, through the provision of relevant evidence, his or her compliance with the Immigration Advisers Competency Standards 2008 and Licensed Immigration Advisers Code of Conduct 2008.
If a provisional licence holder wishes to renew his or her provisional licence, he or she must also submit an application to have his or her 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 contact the Authority with respect to applying to upgrade to a full or limited licence.
Although it will not form part of the assessment, advisers will also be 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).
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.
Summary of documents and evidence required for renewal applications
The requirements for a completed application are set out in the following table. For more information about the specific documentation and evidence required, refer to How do I get a licence?
| Documents and evidence required | Full and limited licence holders | Provisional licence holders |
|---|---|---|
| Completed Application Form for Renewal of an Immigration Adviser Licence, including a statutory declaration | Yes | Yes |
| Licence application fee | Yes | Yes |
| One verified recent passport photograph | Yes | Yes |
| Copy of one client file started within the period of the adviser’s current licence, and authorisation and declaration from that client | Yes | Yes |
| Copy of the adviser’s internal complaints procedure | Yes | Yes |
| Certified copies of the three most recent statements from the adviser’s separate clients’ bank account | If applicable | If applicable |
| Evidence relating to fitness | If applicable | If applicable |
| An Application Form for Approval of Supervision Arrangement (Renewals) and a copy of the adviser’s proposed supervision plan (for provisional licence holders) | No | Yes |
Acceptance of applications
An application for renewal may 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.
An 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 the close of business on the day the licence expires.
The Authority will acknowledge the application and provide a receipt for the fee. As long as the application is made before the expiry of the adviser’s current licence, the current licence continues in force until the application for renewal is determined.
Assessment of renewal applications
Summary
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, in the assessment of the application for renewal of the adviser’s licence.
Continuing Professional Development
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 of the competency standards 2008.
For full and limited licence holders, standard 7 states that an adviser must “maintain skills and knowledge through participation in relevant professional development activities”.
For provisional licence holders, standard 7 states that an adviser must “develop skills and knowledge through participation in relevant professional development activities”.
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:
- reading materials relevant to the provision of immigration advice provided by the Registrar or another organisation;
- receiving formal instruction, education or training relevant to the provision of immigration advice;
- attending information sessions, seminars, courses or conferences relevant to the provision of immigration advice;
- participating in the structured supervision or mentoring of another immigration adviser;
- active participation in a relevant professional body, organisation or association;
- self-directed learning on topics relevant to the provision of immigration advice.
The application form includes questions about an adviser’s participation in CPD activities. An adviser will be asked to state how each activity is relevant to his or her 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:
- knowledge of the immigration advisers licensing scheme;
- understanding of immigration law and policy relating to New Zealand;
- knowledge of the immigration application process;
- communication techniques in the immigration process in the English language;
- the professional, ethical and responsible conduct of business.
Competency Standards and the Code of Conduct
This section sets out the evidence required by the application form and the purposes for which it is being sought.
The evidence and information which will form the basis of the Authority’s assessment of renewal applications is:
- A copy of one exemplary client file relating to an application that the adviser has tendered to Immigration New Zealand since their previous licence was granted, with an authorisation and declaration from the client;
- A copy of the adviser’s internal complaints procedure;
- Certified copies of the three most recent monthly bank statements relating to the adviser’s separate clients’ bank account (for advisers who receive funds to pay fees and/or disbursements from clients in advance);
- Information about the adviser’s work activities.
From that evidence and information, the Authority 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 Authority will be specifically considering:
Evidence of the use of written agreements that describe the services that will be provided by the adviser. |
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Evidence of professional business practices relating to records and documents.
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Agreed statements of work to be performed and fees are clearly set out.
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Compliance with legislative and operating requirements. |
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Evidence of the adviser’s internal complaints procedure.
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Evidence of how client funds are managed. |
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Important note: the information above is given as a guide only. The Authority notes that, in addition to the specific matters above, 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 Authority may investigate those issues in full.
The Fee and Levy
The immigration adviser renewal fee is $NZ890 (GST incl) or NZ$791.11 (GST excl) for advisers not ordinarily resident in New Zealand. This fee represents a partial recovery of the cost of processing and assessing renewal applications.
You must also pay the immigration adviser levy, which is set at NZ$1105 (GST incl) per year or $982.22 (GST excl) for those not ordinarily resident in New Zealand. The levy covers part of the cost of funding the functions of the Authority (other than the application costs) and Tribunal costs.
Hints
To ensure a smooth renewal process, the Authority suggests that you:
- update the Authority with changes in your contact details as soon as practicable;
- submit your application as early as possible;
- ensure you allow enough time for delivering your application;
- retain a copy of your application;
- do not submit original documents or uncertified copies of documents;
- seek information or advice from the Authority about any matters you are unsure of.