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- Jane Palmer
Communications Adviser
jane.palmer@iaa.govt.nz
DD (09) 925 8749 - Information for media
Newsletter July 2009
Non-lawyer employees of law firms exempt from licensing
Non-lawyer employees exempt
The Immigration Advisers Authority will no longer be licensing non-lawyer employees of law firms or lawyers on the basis that it is the exempt lawyer employer who is responsible for the advice given to the client, not the employee.
The Immigration Advisers Licensing Act 2007 (the IALA) exempts eight groups of people, including lawyers who hold a practising certificate issued by the New Zealand Law Society (NZLS).
The IALA prohibits a lawyer from applying for a licence on the basis that the Lawyers and Conveyancers Act 2006 (LCA) provides sufficient consumer protection for the clients of lawyers and that additional regulation through the IALA would be duplicative.
From May 2008, the Immigration Advisers Authority has accepted licence applications from non-lawyer employees of law firms on the basis that they do not personally hold a practising certificate issued by the NZLS.
In 2008, the Auckland District Law Society requested an exemption through regulations for non-lawyer employees of law firms from the licensing requirements of the IALA.
The first step in the statutory process for considering such an exemption is for the Registrar to prepare a report for the Minister of Immigration. As a part of this process, the Registrar sought legal advice and consulted with the Ministry of Justice and the New Zealand Law Society. It became clear that non-lawyer employees of law firms should fall under the current lawyer exemption and that no exemption through regulations was required. The Minister of Immigration has agreed with this approach.
On this basis, non-lawyer employees of law firms or sole practitioner lawyers are now considered to be lawyers for the purposes of the IALA because, under the LCA, non-lawyer employees of law firms cannot give advice to clients on their own account; it is the lawyer employer who is responsible for the advice given to the client, not the employee.
This means that, in respect of the work undertaken as an employee of a law-firm, non-lawyer employees of law firms are exempted as lawyers under the IALA and prohibited from holding a licence.
Impact on licensed immigration advisers who are employees of a lawyer
Existing licensed immigration advisers who are employees of lawyers or law firms have been given the opportunity to surrender their licence.
If you are a licensed immigration adviser who works for a lawyer or a law firm, and we haven’t contacted you already, please contact the Authority.
Lodging applications with Immigration New Zealand
Immigration applications must continue to be signed by a practising lawyer. This will allow Immigration New Zealand to clearly identify those who are exempt as lawyers from the requirement to hold a licence. It also ensures that the lawyers have overall responsibility for the work of their employees. This will not change the ability of an employee of a lawyer to communicate with Immigration New Zealand directly about a client of the lawyer. Further queries on the conduct of an employee of a lawyer should be directed to the New Zealand Law Society.
Email: inquiries@lawsociety.org.nz
Phone: (04) 472 7837
Employees of licensed immigration advisers
Non-lawyer employees of lawyers and law firms are exempt due to the particular nature of the LCA. Employees of licensed immigration advisers who provide immigration advice must still be licensed (unless they are exempt).
Migrant expo 13-14 June
The Authority participated in this year’s Migrant Expo in conjunction with the Auckland Regional Migrant Service Centre (ARMS). The Expo was held at the Logan Campbell Centre in Greenlane, Auckland, and attracted a good turn out in spite of the bad weather. Although a number of inquiries were received, most visitors seemed to be well aware of the new immigration adviser licensing requirements. Many attributed this to the extensive coverage the 4 May introduction of mandatory licensing received on ethnic radio.
An article on the Authority ran in the show edition of Migrant News and further articles are scheduled throughout the year.
Authority looks into passport scam
The Authority is continuing to cooperate with the Police investigation of Gerard Otimi. The Registrar has been interviewed by a wide range of radio and TV channels and has featured on the six o’clock news on several occasions. The Authority’s press release also ran in all the metropolitan and regional dailies. This free publicity has greatly increased public awareness of immigration adviser licensing.
IAA/INZ meetings — Ellerslie and Hamilton
The Authority and Immigration New Zealand (INZ) held two very successful meetings this month with representatives from INZ branches in the Auckland and Waikato regions.
These meetings provided licensed advisers with a valuable opportunity to learn about INZ’s operations at first hand. As INZ’s regional manager for Auckland and Waikato, Marie Sullivan, put it, ‘this is an opportunity to engage with and build an effective working relationship between the region and licensed advisers and that’s something we welcome.”
Information was provided on the make up of the INZ branches and branch statistics and processes. Also covered was the lodgements process and best practice for submitting applications and medical referrals. The function of labour market checks and the immediate skills shortage list was also discussed. There were also lots of useful suggestions on what currently works well and what could be improved upon. Some of the outcomes of the meeting involved follow up by INZ included the following: online enquiry system, email and posting of PPI letters, online medicals, and greater use of notes in AMS. The possibility of licensed advisers certifying documents such as Police certificates was also canvassed.
All the points raised have been noted and will be considered by INZ’s management team. Further feedback from licensed advisers will be helpful in determining priorities and the direction of future work.
There was strong support for running sessions like these on a regular basis. It is proposed that initially, until the process settles in, quarterly meetings would be held and thereafter twice yearly.
Presenting applications to northern documentation branch — a quick reference guide
As a follow up to the Ellerslie IAA /INZ meeting, Yvonne Massey, Manager Northern Documentation Branch, has kindly provided a quick reference guide to presenting applications. We’re sure you’ll find it useful.
When presenting applications
- Apply well before the current permit expires especially Xmas/new year, peak periods (March to mid May). This is especially important if your client has medical abnormalities.
- Quote your licensed adviser number and use the name under which you were granted your immigration adviser licence.
- Use the correct form and clearly indicate the category you wish the application to be considered under.
Some dos and don’ts
- Do not provide documents in plastic sleeves or folders (these are destroyed).
- Do not tag documents (these are removed).
- Staple the passport-sized photos to the application form in the allocated place.
- Bulldog clip each individual application with their respective supporting documents when sending multiple applications for a variety of applicants at one time.
- Do not pack applications in paper envelopes before placing them in the courier pack.
- Complete the “Paying your application fee” section in full.
- Pay the correct fee.
- Do not pay the fee in cash unless this is unavoidable. In these cases, please staple the cash to the front of the application form.
- Staple the cheque to the front of the application form if using this method of payment.
- Complete the application checklist (last page of the form).
- Submit certified true copies of supporting documents rather than originals.
- Make sure the applicant has signed the form.
Medical and X-ray Certificates
If the medical has been done ONLINE, note this clearly on the application.
Make sure that:
- The doctor and/or radiologist has completed all relevant questions, signed, stamped and dated the medical certificate. (especially, pp 12 & 16).
- The passport-sized photos attached to the medical certificates have been signed across by the doctor and/or the radiologist.
- The medical and x-ray certificates submitted to INZ are no more than three months old (from the date the medical examiner / radiologist signed the form).
- All laboratory reports are attached to the medical certificate.
- The radiology report is attached to the x-ray certificate.
Other must dos
- Send the x-ray film if the radiology report states the chest x-ray is abnormal. It is not necessary to send these if the report states they are clear. However, the film should be kept in a safe place for future reference if needed.
- If your client has undergone major surgery within the last five years, attach the specialist’s report.
- If your client has received cancer treatment within the last five years, provide a report from the attending specialist regarding histology, management, prognosis and staging.
Assembling the application
Please provide the following documents in the following order:
- Application form (on top)
- All INZ forms
- Medicals
- Police certificate
- Supporting documents.
Still time to register for LexisNexis Immigration Law Conference 16 and 17 July
This year’s conference is offering a 20% discount for licensed immigration advisers. Please include your licence number on the LexisNexis Registration Form. There is also a significant discount (special rate of $495 + GST for the whole two days) for not-for-profit organisations.
The 7th Annual LexisNexis Immigration Law Conference will be held at the Crowne Plaza in Auckland on 16 and 17 July 2009.
See the conference programme and all details at the LexisNexis website.
Contact us
As always, please feel free to contact us on info@iaa.govt.nz, Freephone 0508 IAA IAA (0508 422 422 — New Zealand only) or write to us at PO Box 6222, Auckland 1141, New Zealand. Or you can visit us at: www.iaa.govt.nz.
Barry Smedts
Registrar of Immigration Advisers
Licensed professionals = Protected migrants