Migrants

Questions

• What is the status of applications lodged with Immigration New Zealand by unlicensed advisers?
• How do I find a licensed immigration adviser?
• How do I complain about a licensed immigration adviser?
• Where else can I go for immigration advice?
• I need general information about migrating to New Zealand

There’s now protection for people who receive New Zealand immigration advice …

Licensed immigration advisers benefit from being part of a regulated industry that meets New Zealand government quality standards. Migrants can be confident that they will receive the correct and best advice.

There’s now a law in place to promote and protect the interests of people receiving immigration advice and to enhance the reputation of New Zealand as a migration destination.  This law, called the Immigration Advisers Licensing Act 2007, set us up – the Immigration Advisers Authority.  We are responsible for the regulation of the immigration advice industry. We’re operationally separate from Immigration New Zealand.  We don’t give immigration advice ourselves and we don’t process immigration applications.

People who give immigration advice must have a licence from us, unless they are exempt from licensing.  To be granted a licence, immigration advisers need to show us proof of their immigration experience.  Once licensed, advisers have to abide by the code of conduct, which demands that they have high professional and ethical standards.  We also maintain a public register (of all licensed immigration advisers) and administer a complaints system.  Licensed immigration advisers benefit from access to a professional development programme and the recognition of being part of a regulated industry that meets New Zealand government quality standards.

Who can give immigration advice?

Anyone based onshore and giving New Zealand immigration advice must have a licence from us, unless they are exempt from being licensed. 

After 4 May 2010, anyone based offshore and giving New Zealand immigration advice must have a licence from us, unless they are exempt from being licensed.

On our website there is a list of exemptions, which entitle certain people to provide immigration advice without a licence. 

Anyone can find a licensed immigration adviser by checking the register on our website. 

It’s important to know that Immigration New Zealand doesn’t accept immigration applications or requests from unlicensed immigration advisers who don’t have an exemption from licensing.  For offshore advisers this takes effect from 4 May 2010.

What is immigration advice?

The Act describes immigration advice as “using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward”.

People have to consider whether they are knowingly putting themselves in a position where they advise, assist, direct or represent another person about immigration matters concerning New Zealand.  Licensing applies to people who are immigration consultants, as well as to advisers in the recruitment sector, travel and education sectors, who may need to consider whether they are providing immigration advice.

Key elements of “immigration advice” are –

• Assistance or direction tailored to the particular circumstances of an individual.
• Guidance to an individual based on the adviser’s knowledge and experience in immigration.
• Offering an opinion or suggestions about possible entitlements or avenues an individual might take.

Whether a person is providing publicly available information or performing clerical work (these don’t require a licence), or giving “immigration advice” (which does) will depend on the facts of each particular case.  Contact us to find out more, or if you need help to figure this out.

How we help migrants

We help to protect migrants and other consumers by providing a public register of licensed immigration advisers.

Here are some other ways we assist migrants and other consumers receiving immigration advice –

You can recognise a licensed adviser by this trademark:

Licensed immigration advisers must:

• permanently display a current licence in a prominent position at their place of business;
• carry a wallet licence with photo identification;
• supply a copy of the code of conduct and explain what it entails;
• be able to supply a consumer with details of their own complaints process.

We investigate and take enforcement action in relation to offences under the Immigration Advisers Licensing Act. 

There are a range of offences. The most serious offence is to knowingly give immigration advice without a licence, and upon conviction an offender can receive up to seven years imprisonment and/or a fine of up to NZ$100,000.

How to complain

Anyone can make a complaint about a licensed immigration adviser or a former licensed immigration adviser. Contact us to find out about the complaints process.