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Strict new rules for immigration advisers

5 May 2008

The launch of a more disciplined approach to protecting migrants from fraudulent, corrupt and unethical behaviour of unscrupulous immigration advisers takes effect from today (Mon 5 May).

The Immigration Advisers Authority officially opened for business today and Registrar Barry Smedts says the licensing of immigration advisers will protect migrants and advisers alike, as well as enhance New Zealand’s reputation as a quality destination.

“Previously, we have had an unregulated environment where anyone could call themselves an immigration adviser and offer advice whether or not they knew anything about immigration requirements,” says Mr Smedts.

“There have been plenty of examples over the years of a few rogue operators destroying the financial and personal hopes of potential immigrants to New Zealand through fraudulent, corrupt and unethical means, by masquerading as qualified and competent immigration advisers.

“Now we have a licensing regime in place which will not only protect vulnerable migrants, but also enhance the reputation of the industry.”

The Immigration Advisers Licensing Act 2007 requires anyone providing New Zealand immigration advice to be licensed by May 4, 2009, meeting competency standards and adhering to a code of conduct.

There are numerous categories for exemption (see backgrounder). Individuals or family members passing on publicly-available information on immigration do not need to be licensed.

Penalties include up to seven years imprisonment and/or fines up to $100,000 for non-licensed offenders, as well as the possibility of court-ordered reparation payments. For licensed advisers, there are penalties of up to two years imprisonment and/or fines of up to $10,000 for breaches of the Act.

For immigration advisers based outside of New Zealand, licensing will be mandatory from 4 May 2010.

Licensing for advisers both on and off-shore will be administered by the Immigration Advisers Authority, an independent authority located in Auckland.

Mr Smedts emphasises that the vast majority of immigration advisers are good, ethical and reliable professional advisers, but the few rogue operators have caused such damage that licensing of the profession is necessary to protect both migrants and the profession itself.

“Now, migrants can be confident they are getting the correct and best information, whether they work with a licensed Adviser,” says Mr Smedts.

“Creating professional standards for Immigration Advisers will help protect migrants against poor advice or unprofessional behaviour.

“Equally, immigration advisers who give their clients sound advice and professional service will also benefit, through new continuing professional development programmes, and recognition of their work in a regulated profession”.

The Authority will keep a publicly available register of licensed immigration advisers and establish a complaints procedure. Detailed information on the Authority is available at www.iaa.govt.nz.

ENDS