Licensed immigration advisers

See also:

• Upgrading my immigration adviser licence
• Renewals policy

Frequently asked questions about licence renewals

Standard and fast-track application streams

What is the difference between a standard and fast-track renewal application?

We have introduced two renewals streams: standard and fast-track. The standard renewal stream requires assessment of a client file and other evidence such as client account bank statements. The fast-track stream will provide a more streamlined renewal process. Regardless of the stream you go through, you are required to meet the competency standards and adhere to the code of conduct.

How can I become eligible to submit a fast-track renewal application?

You must lodge a standard renewal application for two consecutive years after your initial licence is granted. After that period, you may lodge a fast-track renewal application for two consecutive years unless:

• Since your most recent renewal, a complaint relating to you has been made to the Authority that meets the criteria set out in section 44 of the Immigration Advisers Licensing Act 2007, and you have been informed of this, or
• Since your most recent renewal, the primary company or organisation you work for has changed, or
• The Authority has requested you to provide evidence of a change in business practice at your next renewal.

All advisers will be required to lodge a standard renewal application after every two fast-track applications approved.

What is a request for evidence of a change in business practice?

We may request you to provide evidence of a change in business practice at your next renewal where you 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 your application or a complaint. For example, we may ask to see evidence that you have been using an amended written agreement with your clients. 

When will you provide more details about the fast-track process?

One of the criteria for fast-track is that you have had two standard renewal applications approved. This means that no advisers will be eligible for a fast-track renewal until June 2011. We will publish more details about the fast-track process and the fast-track application form from May 2011.

Lodging your renewal application

When should I begin the process of applying to renew my licence?

We recommend you begin the process of applying to renew your licence two months before your expiry date. The Authority will send you a renewal reminder by email around that time.

How do I apply for renewal of my licence?

You must complete a standard or fast-track renewal application form in hard copy. The completed form and supporting documentation must be returned by post, courier, or delivered to the Authority in person before the expiry of your current licence.

Can I submit my renewal application by email or facsimile?

No. Your renewal application must be submitted in hardcopy, with the relevant supporting documents, by post, courier, or in person.

When should I submit my application for renewal?

We recommend you submit your application for renewal one month before the expiry of your current licence. In all cases your application must be received by the Authority on or before the date your current licence expires. In practice, this means that your application must reach the Authority before 5pm on the working day the licence expires, or the last working day before the licence expires.

What if my licence expires on a Saturday, Sunday or a day that is a public holiday in New Zealand?

Your application must be submitted to the Authority before 5pm on the last working day before the date your licence expires.

What if the Authority does not receive my application for renewal before my current licence expires?

You must allow sufficient time for your application to reach the Authority before your licence expires. If your application does not reach the Authority in time, the expiry of current licence will be recorded on the register of licensed immigration advisers, Immigration New Zealand will no longer accept immigration applications from you, and you must stop giving immigration advice. If you wish to give immigration advice again at some time in the future, you would need to apply for and be granted a new licence.

Can I apply for a new licence rather than applying to renew my current licence?

The Authority will not accept a second application for an initial licence before your current licence has expired. If you do allow your current licence to expire in order to apply for a new licence, you should be aware that you would need to cease providing immigration advice while your application is assessed, which may take approximately 50 working days.

Renewal assessment process

Can I continue to give immigration advice while my renewal application is being assessed?

Yes. As long as your application to renew your licence is submitted before your current licence expires, you may continue to give immigration advice.

How long will it take to assess my renewal application?

The Authority aims to process renewal applications within 40 working days of receiving a fully completed application.

Will I receive a new licence and identification card?

Yes, your new licence and identification card will be issued with your updated photo and the new expiry date.

What should I do with my old licence and identification card?

You must destroy your old licence and identification card.

Standard renewal applications

What documents will I have to provide for a standard renewal?

A completed standard renewal application must include:

• a completed Standard Application Form for Renewal of an Immigration Adviser Licence, including a statutory declaration
• a verified passport photo
• the evidence required by the form, specifically:
  • a copy of your internal complaints procedure
  • copies of bank statements and client tracking records for your client account for the most recent three month period in consecutive date order (only if you take money in advance)
  • a copy of one complete client file, with an authorisation and declaration from the client
  • evidence of how you have addressed any previous request for a change to your business practice from the Registrar
• the renewal application fee
• one verified passport photograph
• an application for approval of a supervision plan and a copy of the supervision plan (provisional licence holders only).

When do I need to provide bank statements with my application?

You only need to provide bank statements if you take money in advance. If you take money in advance you must maintain a separate client account for this purpose. This bank account must only be used for client money taken in advance.

You do not need to provide your personal or business bank accounts with your application.

What are client tracking records?

Client tracking records ensure that your client bank transactions can be clearly linked to the correct client. Client tracking records may take the form of an accounting system such as MYOB, an electronic ledger or a hard copy ledger. Client tracking records must include:

• the date of the transaction
• the client name
• the type of the transaction (e.g. deposit or withdrawal)
• the amount of the transaction
• the purpose of the transaction
• the related invoice number.

The client tracking records you provide must relate to the client account bank statements provided. If you do not maintain a client account, you do NOT need to provide client tracking records with your application.

What is a client file?

A client file is a file that records your work on behalf of a client in relation to a particular immigration matter. It should trace your work on the client’s behalf, from your first contact with the client through to the resolution of the immigration matter.

What kind of client file should I provide?

You should choose a file that you consider demonstrates your competence, and is a fair reflection of your business practices and processes. The file may relate to any immigration matter.

The file must have been started since your current licence was granted and should be finalised. If you do not have a finalised file, you may choose a file that is substantially finalised, that is, a file that only requires the final decision from INZ.

What documents should be on a client file?

The documents the Registrar would expect to see on a complete client file include:

• evidence of how client eligibility was assessed, such a checklist, assessment form and/or initial consultation notes
• the written agreement entered into with the client
• all invoices provided to this client
• a complete copy of the signed application form tendered to INZ
• all correspondence with the client and file notes of any material conversations
• all correspondence with and from INZ
• evidence of the decision, including a copy of the permit label and the final decision letter from INZ if applicable
• evidence of the safe return of the client’s original documents.

Do I need to provide information about my immigration cases?

You will be asked to give information in the standard renewal application form about the estimated number of applications you have had approved or declined by INZ during your current licence period.

You must provide this information from your own records. Approximate figures are acceptable. You may for example give a range of figures, eg "between 8-10".

An "application" refers to an application submitted by you on your client's behalf to INZ. If you act on behalf of the same client in relation to more than one application, each individual application should be counted. Where an application includes several members from one family, this would only be counted as one application.

This information will not be determinative of your application, but will be looked at together with the other information and evidence you provide. The application form contains space for you to comment on the information you provide in this section.

You are not required to contact INZ to obtain an activity record. However, if the Authority considers that it is necessary, it may verify the information provided by you with records held by INZ.

Do I need to provide a police certificate with my application for renewal?

No, not unless requested by the Registrar. 

CPD

Am I required to participate in CPD activities?

Yes. Competency Standard 7 requires ALL advisers to actively participate in relevant CPD activities.

What CPD activities are relevant?

A CPD activity is relevant if it relates to one or more of competency standards 2 to 6. Guidance on CPD requirements is available on the Authority’s website.

What if I am enrolled in CPD activities that are not completed when I submit my renewal application?

The Authority may take account of CPD activities that you plan to participate in during the period of your current licence. Where you have enrolled in an activity that will not be completed prior to submission of your renewal application, but will be completed prior to the expiry of your current licence, you should provide evidence of your enrolment in that activity, such as a receipt for the enrolment fee.

How can self-directed learning be assessed?

To gain credit for self-directed learning, you will be asked to provide the names and publication details of articles, books and other publications you have read, and comment on why you chose to read those materials. You must demonstrate a direct link between the learning and your work as an immigration adviser. It is not sufficient to rely on comments such as “It helps my work”.

What if I have not participated in any CPD activities?

The Registrar is seeking active participation in CPD.  If the Registrar considers you have not met the standard set in the competency standards, your application for renewal may be refused.

Information for limited and provisional licence holders

What if I wish to upgrade from a limited or a provisional licence?

There is a separate form and different requirements for upgrading licences. Please see the information about upgrading your licence on our website.

If I wish to renew my provisional licence, can I change supervisors?

Yes. Every adviser holding a provisional licence who seeks to renew that licence must submit a new Application Form for Approval of Supervision Arrangement (Renewals) [pdf, 3 pages, 280kB] and a copy of your proposed supervision arrangement. You can either seek approval to enter a new supervision arrangement or extend an existing supervision arrangement.

I wish to renew my licence as a provisional licence holder. What kind of client file do I need to provide?

If you have not completed a client file, you should choose a file in which you have had extensive involvement. You will be asked on the application form to indicate which parts of the file you have completed. Remember, you should be seeking to demonstrate to the Authority that you continue to meet the competency standards and comply with the code of conduct.

Statutory declarations

Do I need to make a statutory declaration?

Yes. You must make a statutory declaration in your renewal application form, which must be witnessed by a person authorised to witness a statutory declaration under the Oaths and Declarations Act 1957. The same witness should also verify your passport photograph.

Who can witness my statutory declaration?

The following persons may witness a statutory declaration made in New Zealand:

• a barrister and solicitor of the High Court of New Zealand
• a Justice of the Peace (you can find a list of Justices of the Peace in the New Zealand Yellow Pages)
• a notary public
• a Registrar or Deputy Registrar of the District Court, High Court, Court of Appeal or Supreme Court
• a member of Parliament.

The following persons are authorised to witness a statutory declaration made outside New Zealand:

• in a Commonwealth country other than New Zealand - a Judge, a Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of a judicial proceeding, a Commonwealth representative, or a solicitor of the High Court of New Zealand
• in a country other than a Commonwealth country, a Commonwealth representative, a Judge, a notary public, or a solicitor of the High Court of New Zealand.

A full list of potential witnesses can be obtained from section 9 of the Oaths and Declarations Act 1957.

How should evidence be certified?

Certified evidence is a photocopy of evidence that has been stamped or endorsed by a person who confirms that the copy is a true copy of the original. The person who certifies the copy must be authorised to do so by law in your home country or in New Zealand (e.g. a Justice of the Peace, Notary Public, lawyer or Court official). Where evidence must be certified, a signature is required on each page of the copy, with the name and title of the person certifying shown legibly below their signature.

Fees

How much will it cost to renew my licence?

If you are ordinarily resident in New Zealand the fee is NZ$890.00 and the levy is NZ$1,105.00 (includes New Zealand GST).

If you are not ordinarily resident in New Zealand the fee is NZ$791.11 and the levy is NZ$1,105.00 (excludes New Zealand GST).

What if I work for a not-for-profit organisation?

If your fees and levy were waived on the basis that you work for an organisation on a not-for-profit basis when you made your last application, please contact the Authority before submitting your application to establish whether the organisation has retained its not-for-profit status.

If your circumstances have changed and you now volunteer or work for an organisation on a not-for-profit basis and believe you may be entitled to a waiver of the fees and levy payable for your licence, contact the Authority before you submit your renewal application. The Registrar will require information from you about the funding model, fees charged and overall structure of the organisation you volunteer or work for. The Authority may then issue a letter of confirmation of the not-for-profit status of your organisation.

What if I have changed my residence status?

The renewal process is the same, regardless of whether you are based in New Zealand or overseas, however the fee and levy will differ. If you have spent more than 183 days in the 12 months prior to your renewal application in New Zealand, you are classified as ordinarily resident in New Zealand and required to pay GST on the application fee and levy.

Information for MARA registered agents

What if I was licensed through the Trans-Tasman Mutual Recognition Act?

If you were granted a New Zealand licence on the basis of your registration as a migration agent in Australia, you can apply to renew your New Zealand Immigration Advisers Licence whether or not you continue to be registered in Australia using the same renewal process used by all other advisers. Contact the Authority if there are any aspects of the renewals process that you wish to discuss.

What if I am now exempt?

What if I now hold a New Zealand practising certificate under the Lawyers and Conveyancers Act 2006?

You are prohibited from holding a licence. You should surrender your licence to the Authority immediately.

Where can I find out about other categories of exemption?

You should read section 11 of the Immigration Advisers Licensing Act 2007 if you consider you may now be exempt from the requirement to be licensed.

Information on fees

Will the Authority be assessing the fees I charge?

No. You are asked to provide information about the fees you charge in the renewal application form, however this information does not form part of the assessment of your application for renewal of your licence. Rather, the Registrar is seeking the information to gain an overview of fees being charged by advisers, and from this will be able to form a view as to what fees are fair and reasonable, in terms of clause 8 of the code of conduct. Information about average and median fees will be published on the Authority’s website in due course. This will allow migrants to judge whether the fees being sought for immigration matters they are seeking advice on are reasonable. Information about fees being charged by individual advisers will not be published.

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