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Newsletter December 2009

300 licensed immigration advisers – and rising

In the first week of November, the total number of licensed advisers hit the 300 mark.  This is a great result, just six months after the start of mandatory onshore licensing.  We are still receiving approximately three new applications each week.  We can expect licensed adviser numbers overseas to rise, as offshore licensing becomes mandatory on 4 May 2010.   

Code of conduct workshop

Over 200 licensed immigration advisers, including eight offshore advisers, attended the 14 inaugural code of conduct workshops in Auckland, Hamilton, Wellington and Christchurch last month – that’s around 85 percent of all onshore licensed advisers at the time of registration. 

We are delighted with this support for the code of conduct and commitment from advisers to develop their knowledge of the industry standards required of a licensed immigration adviser.   

Advisers told us that they wanted the workshops to be relevant, using working examples of issues they are likely to face.  Where possible, that is what we aimed to achieve with the code of conduct workshops, but we were also encouraged by the ‘real life’ examples of ethical and business issues which advisers raised at the workshops.   

Because of the complexity of the issues, we were unable to answer some of your questions at the workshops.  We are taking legal advice on some issues raised and will circulate replies as soon as possible. 

We plan to repeat the workshops next year, for new advisers and current advisers who missed out this year.

Authority focus on education

Occasionally, licensed advisers complain that the Authority isn’t taking decisive action against individuals in breach of the Act.  Before we take enforcement action, we want to ensure that people clearly understand this new area of the law.  We strive to bring unlicensed advisers into the fold – if they can prove they meet the competency and fitness standards we expect of all advisers. 

We are aware that there are companies operating with only one or two licensed immigration advisers.  In some of these situations, information we have received from Immigration New Zealand indicates the company’s workload is greater than one or two licensed advisers could realistically handle.  No licensed immigration adviser should be ‘rubber stamping’ the work of unlicensed advisers.  If individuals within an immigration adviser company are giving immigration advice, they need to be licensed or exempt. 

We would like to see companies encourage all their employees keep up to date on immigration issues.  Remember, it’s not the company that is licensed, it’s the individual.  Have you considered setting out an immigration adviser’s career path for your staff? 

The Authority will be talking to licensed advisers about their colleagues and employees when they apply to renew their licence. 

Building relationships with MARA

The Authority met with officials from the Office of the MARA in Sydney in late October.  Our offshore licensing regime will benefit from a close relationship with our counterparts overseas.   

We had two days of constructive dialogue, learning in greater detail about our respective regimes and the implications of the Trans-Tasman Mutual Recognition Arrangement. Both agencies are keen to build regulatory regimes that require similar standards of professionalism and expertise.  

The Authority also held two workshops for Australian registered migration agents who wish to apply for a New Zealand immigration adviser licence. Around 100 migration agents attended these workshops. As at 30 November there were 40 Australian-based MARA agents with New Zealand immigration adviser licences, several of whom attended the recent code of conduct workshop.

Final reference group meeting for 2009

The Authority conducted its final reference group meeting for 2009 on 19 November.  The group provided constructive feedback on a wide range of topics including a future entrance qualification for licensed advisers, improving communication with Immigration New Zealand, and the licence renewal process.  The minutes from this meeting will be posted on our website in due course. 

I would like to take this opportunity to publicly thank all those who participated in this year’s reference group.  It has been a valuable resource for the Authority.  Next year, we will be inviting expressions of interest from licensed immigration advisers who would like to join the 2010 reference group.   

Reference group members are consulted for their views on a wide range of topics and participate in discussions with other advisers throughout the year. Members attend three full day meetings and respond in writing to consultation documents.  The reference group is very useful to the Authority, providing welcome feedback on issues of interest to all advisers, and giving us a clear indication of how well we are performing. 

Among the topics we have discussed in the reference group this year are the Authority’s guidelines for written agreements, evidential requirements for licensing, and client accounts.

Immigration New Zealand update

Immigration New Zealand has produced a CPD workbook for advisers on changes to immigration operational policy, which we will post on our website soon.

Numbers update

As at 22 November 2009, there were:

The Immigration Advisers Authority will close at midday on Thursday 24 December and will reopen on Tuesday 5 January 2010.  From all staff at the Immigration Advisers Authority, Merry Christmas and a Happy New Year!

Contact us

As always, please feel free to contact us:

Email us at info@iaa.govt.nz
Freephone 0508 IAA IAA (0508 422 422 – New Zealand only)
Write to PO Box 6222, Auckland 1141, New Zealand
Visit www.iaa.govt.nz

Barry Smedts
Registrar of Immigration Advisers

Licensed professionals = Protected migrants