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Newsletter November 2009

Document Security

A number of the principles in the code of conduct were written to prevent a repeat of the ‘war stories’ from the days before mandatory licensing of immigration advisers, when unscrupulous advisers took extreme measures at the expense of their clients.   

Sadly, it was all too common in the past for an adviser to withhold their clients’ passports and other original documents, such as qualifications.  Unprincipled advisers routinely asked clients to hand over original documents, usually to ensure that they would be paid, regardless of the outcome of their clients’ applications.

Clause 1.3(b) of the code of conduct states that a licensed adviser must “return passports and other personal documents to clients, on request, without delay and in a secure manner”.  The wording of this section of the code is deliberately broad, in order to include all and any documents that an adviser might hold.  This could include supplementary documentation that the client provides to the adviser, such as education or training certificates.  It may also include correspondence between the adviser and Immigration New Zealand on matters regarding the client. 

A client’s file will naturally hold personal information regarding the client.  This clause in the code of conduct is consistent with the intention of the Act to provide consumer protection for migrants. 

This clause is also consistent with the principles of the Privacy Act, which gives an individual access to any information about them held by an agency.  The Privacy Act covers both the public and private sectors, so all licensed advisers must comply with the Privacy Act.

It is also useful to remember that under the Privacy Act, requests do not need to be made in writing, so an informal request, perhaps in a telephone conversation, is sufficient.  As the code of conduct is very clear about the need for written documentation in client files, we recommend an adviser make a file note of any verbal request from the client.

Provisional licence guideline update

The ultimate success of immigration adviser licensing relies on attracting new entrants to the industry, so the recent increase of provisional licence applications is a step in the right direction.  In the future we plan to develop an industry qualification for new entrants, but resource constraints means this is not an immediate priority.  In the meantime, supervision of provisional licence holders is the only possibility for new entrants who cannot demonstrate to the Registrar that they meet the competency standards.

We have updated our supervision policy guidelines for prospective provisional licence holders and their supervisors.  The Provisional Licence and Supervision Policy gives clearer guidelines on supervision requirements.  It answers commonly asked questions such as ‘what does direct supervision mean in practice?’ and ‘can I supervise someone who works for another company?’

We have also developed a model supervision agreement.  While you don’t have to use the model, it shows you what we expect to see in any agreement you enter into.  You can use this agreement as is, or modify it to meet your own particular circumstances.

Full licence holders can grow their business by supervising their employees, independent practitioners or provisional licence holders who work for another company.  We now have 13 provisional licence holders and around 15 provisional licence applications are currently being processed.

If you are considering becoming a supervisor, read these guidelines today!

Code of conduct workshop

There has been a fantastic response to the code of conduct workshops, to be held in Auckland, Hamilton, Wellington and Christchurch between 4 and 20 November.  We are pleased that licensed advisers from outside the main centres have made the commitment to attend a workshop.  A number of offshore advisers are also attending.

Attendees should receive their workshop booklet at least a week before their scheduled workshop.  The booklet is divided into five units:  professionalism and ethics; working with clients; practice management; duties to stakeholders; and CPD going forward.  We expect that you will have read this booklet before you attend the workshop. 

We have taken note of your feedback following the INZ/Authority operational policy seminars.  The code of conduct workshops include ample opportunity for interaction and discussion between the facilitator and your fellow advisers.  Each workshop has a maximum of 16 advisers, and will involve practical, real-life situations where advisers must apply the code of conduct.

Migrant survey – what can you do to improve your business?

Licensed advisers will be aware that the Authority recently released the results of research it commissioned to provide a benchmark measure of the performance of immigration advisers from the perspective of their clients.

We have publicly stated how encouraged we are with the results of the survey, as it suggests that the high standards we have set for licensing are reflected in the level of customer satisfaction that migrants receive from their licensed adviser, compared to unlicensed advisers.

The other aspect of the research is useful information for all licensed advisers, because it provides some answers to the most important question, what can I do to improve my business?

The researchers developed a service priority matrix.  In essence, this matrix sets out the priorities of current performance issues with their effect on client satisfaction – in other words, it lists the issues that migrants told us matter to them, that advisers did not score well on.

The report showed that the number one area for improvement was communication.  The most satisfied migrants said their advisers provided clear answers to questions, consistent information and advice, quick response to questions, and did what they said they would.

A few negative comments from survey respondents:

And on the bright side:

We know that migrants like to share their experiences.  If you perform well in the areas that matter, your chances of referrals will be greatly enhanced.

Client accounts under the assessment spotlight

In the course of assessing new and renewal applications, the assessment team has reported a wide variety in licensed adviser accounting practices.  This is a concern to the Authority.  The code of conduct is clear on the requirements for handling client funds, particularly for fees paid in advance.  Under clause 4(a), a licensed immigration adviser must establish and maintain a separate clients’ bank account for holding all clients’ funds paid in advance for fees and/or disbursements.

We accept that there may have been some confusion or lack of understanding about the expectations of advisers before the Authority’s guidelines on client funds was written.  The Authority published these guidelines last month after consultation with the licensed immigration advisers reference group.

Licensed advisers should be aware that assessors expect to find advisers adhering closely to the code of conduct when they come to renew their licence.  If any adviser is unsure whether their accounting practices conform to the code of conduct, we recommend they contact the Authority for guidance.

MARA presentation

Agents registered with the Migration Agents Registration Authority (MARA) in Australia can apply for a New Zealand licence using the process set out in the Trans Tasman Mutual Recognition Act (TTMRA).  The Registrar visited Australia at the end of October as part of the strategy to promote immigration adviser licensing offshore.

TTMRA recognises the regulatory standards adopted in Australia regarding equivalent-registered occupations.  Providing MARA-registered migration agents meet all the requirements, the TTMRA streamlines the registration process.

New Zealand is ahead of Australia in recognising immigration adviser licensing through the TTMRA.  A part of the Authority meeting in Australia was to discuss with Australian officials MARA recognition of New Zealand licensed advisers.

Immigration New Zealand update

The immigration policy seminar planned for November has been postponed, as Immigration New Zealand reports there is insufficient operational policy content for a comprehensive CPD session.  However, INZ will produce an information summary sheet, which will be available on our website later this month.  The next seminar is scheduled for March 2010, by which time we expect there will be a full and productive session for licensed immigration advisers.  We also expect a useful session on the Immigration Act in July next year.

When is a blog a breach?

Licensed immigration advisers will be aware that the Immigration Advisers Authority strives to take an educative approach to any individual whose activities appear to be in breach of the Act.  As a general rule, we’d prefer to encourage people into the licensed adviser community, than hound them out of the industry. 

Much of the recent media interest in the Authority has been as a result of complaints from individuals who host websites.  There have been recent instances when people have approached the Authority asking for clarification of their particular circumstances.  We have given guidance to these individuals on whether their activities appear to breach the Act. 

People who occasionally visit migrant websites and discuss their personal experiences as a migrant in response to questions from prospective migrants would appear to be exempt under Section 11(a) of the Act (providing ‘immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee’) but website hosts, who lead and direct discussion topics, may be operating in a systematic manner.

We encourage migrant website bloggers to work alongside a licensed immigration adviser or exempt person, to ensure the information on their site is accurate and up-to-date.

Numbers update

As at 23 October 2009, there were:

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