Migrants
Questions
- What is the status of applications lodged with Immigration New Zealand by unlicensed immigration advisers?
- How do I find a licensed immigration adviser?
- How much does a licensed adviser charge?
- 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
Download more information
What is the status of applications lodged with Immigration New Zealand by unlicensed immigration advisers?
Application received by Immigration New Zealand (INZ) by Monday 3 May 2010
Immigration applications received by INZ by Monday 3 May 2010 will be processed as normal. If the offshore adviser acting on behalf of the applicant is unlicensed at that time, and all mandatory requirements under the Immigration Act 1987 and subsequent regulations are met, the application will be accepted and processed as normal.
Offshore application accepted by INZ before 3 May 2010
Where an immigration application has already been accepted by INZ as at 3 May 2010, and where the offshore adviser is unlicensed at that date, it will continue to be processed with the adviser as the contact for correspondence. The unlicensed offshore immigration adviser would need to ensure that they do not provide immigration advice to the immigration client after 3 May 2010 as they would then be in breach of the Immigration Advisers Licensing Act 2007.
Application received by INZ from 4 May 2010
Immigration applications received by INZ from 4 May 2010 from an unlicensed offshore immigration adviser will be refused and returned to the adviser.
– information updated 4 May 2010
How do I find a licensed immigration adviser?
Search the public register to find a licensed immigration adviser in your area. If you have any doubts about the competency of anyone offering immigration advice, check the register to find out if they hold a current licence or have been refused a licence.
Licensed immigration advisers must:
- permanently display their current licence in a prominent position at their place of business;
- carry a wallet licence card with photo identification;
- supply a copy of the code of conduct to each client and explain what it entails;
- supply each client with details of their own complaints process.
Licensed immigration advisers must adhere to a code of conduct.
You can recognise a licensed immigration adviser by this Trademark
How do I complain about a licensed immigration adviser?
If you are dissatisfied with the advice or services provided by your licensed immigration adviser, you can make a complaint [pdf, 14 pages, 666kB] to the Authority. You should consider discussing the problem with your adviser. You can also talk to the Authority about your complaint. Licensed immigration advisers are required by the code of conduct to have an internal complaints process and must take steps to resolve the problem. You should also send your licensed immigration adviser a letter or email that clearly explains the problem. It’s a good idea to write the word “complaint” on the top of the correspondence and include any reference numbers that the adviser may have given you. It’s important to keep copies of all the correspondence. If you're still not satisfied or don’t get a response, you should contact the Authority. This service is free. After your complaint is investigated, it may be referred to the Immigration Advisers Complaints and Disciplinary Tribunal
If you think a person is providing immigration advice and not licensed, you can report them to the Authority. We take enforcement action against agents that are not licensed. Penalties include a maximum of seven years imprisonment and/or a fine of up to NZ$100,000.
Where else can I go for immigration advice?
Some people are exempt from the law and do not require an immigration adviser licence to provide immigration advice. You can seek advice from practising lawyers, staff at community law centres and citizens advice bureaux, and several other groups.
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Practising lawyers – search the public register of lawyers available at The New Zealand Law Society.
For the purpose of this exemption a lawyer is a person who holds a current practising certificate as a barrister or as a barrister and solicitor, issued by the New Zealand Law Society. Employees of a lawyer or a law firm who provide immigration advice in the context of their employment agreement also fall within this exemption.
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Community law centres – staff and volunteers at New Zealand's community law centres can provide immigration advice as long as there is a practising lawyer on the board or in a supervisory role. Some community law centres specialise in immigration. For example, the Refugee and Immigration Legal Advice Service of the Wellington Community Law Centre provide initial advice and referral.
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Citizens advice bureaux – there are 90 branch offices around New Zealand. Staff and volunteers provide information about immigration matters and refer migrants to sources of advice.
- Other groups:
- people who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee;
- current members of the New Zealand Parliament and their staff who provide immigration advice within the scope of their employment agreement;
- foreign diplomats and consular staff in New Zealand accorded protection under certain Acts;
- New Zealand public service employees who provide immigration advice within the scope of their employment agreement;
- people who provide immigration advice offshore who advise on student visa and student permit applications only;
- people exempted by Regulations.
For example, you may seek advice from a family member who has been through the process of migrating to New Zealand, as long as your family member is not providing advice systematically or for a fee.
Do I need a licensed immigration adviser or a lawyer?
Both licensed immigration advisers and lawyers (or any other person exempt from the immigration adviser licensing requirements) can represent you to Immigration New Zealand or to the Immigration and Protection Tribunal.
Only lawyers can represent you if you wish to appeal a decision in a New Zealand court or seek judicial review. If you are a refugee status claimant, you may be eligible for legal aid only if you are represented by a lawyer.
I need general information about migrating to New Zealand
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Immigration New Zealand [external link] provides information and advice through its website, call centres, and branches in New Zealand and overseas. There are 10 Immigration New Zealand offices in New Zealand and 21 offshore. Certain types of visa and permit applications can also be lodged at various Ministry of Foreign Affairs and Trade posts offshore. The Immigration New Zealand Operations Manual [external link] is published on the Immigration New Zealand website, and includes forms and instructions to make an application.
Go to Immigration New Zealand's contact centre [external link] for online information and phone numbers for your nearest branch.
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Settlement Support New Zealand [external link] is a national support network established by the Department of Labour to direct newcomers and their families to services they might need during their first years in New Zealand. SSNZ coordinators provide information about settlement and immigration but do not directly provide immigration advice to migrants.
In Auckland you can consult the Auckland Regional Migrant Services.
- Information about New Zealand immigration matters is also available from voluntary organisations serving migrants, community law centres, citizens advice bureaux, employers, education institutions and others whose role includes signposting and referral for migrants.