News

Media enquiries

Media Releases

Newsletters

All immigration advisers must now be licensed

Media release
4 May 2010

The introduction of mandatory offshore licensing for people providing immigration advice about New Zealand means there is greater protection for migrants, Registrar of Immigration Advisers Barry Smedts said today.

From today, all advisers providing advice about New Zealand immigration matters must be licensed unless they are exempt, no matter where in the world they provide that advice.

“Immigration adviser applicants are asked to complete a rigorous, evidence-based assessment process before I am satisfied that they meet the standard required of a licensed adviser.  The assessment is based around seven core competencies which reflect the professional standard we expect of them,” Mr Smedts said.

The competencies are: relevant qualifications; knowledge of immigration advisers licensing scheme; knowledge of immigration law and policy in New Zealand; ability to lodge applications and appeals; English language proficiency; professional, ethical and responsible business practices; and maintenance of professional development activities.

“One of the primary motivators for introducing a mandatory licensing regime in New Zealand was to promote and protect the interests of migrants to New Zealand and to ensure they have confidence in the standard of immigration advice they receive. 

“Licensed advisers based offshore are required to abide by the code of conduct in the same way that licensed advisers in New Zealand are. It is important to remember that the code has been set according to what is expected in engaging with the New Zealand immigration system.  People who cannot meet those standards for any reason, have no business in offering services related to New Zealand’s immigration system.

“If advisers can’t meet the professional and ethical standards set by the New Zealand government, they don’t belong in this industry.”

All licensed advisers must display the Licensed Advisers Code of Conduct in a prominent place at their place of business.  Clients should also ask to see their adviser’s individual wallet card ID.  Penalties for breaches of the Immigration Advisers Licensing Act include up to seven years imprisonment and/or fines up to $NZ100,000 for unlicensed advisers.

There are currently 414 licensed immigration advisers, of which 132 are based outside New Zealand. 

“Many people have asked us how we will enforce licensing offshore,” Mr Smedts said. 

“Immigration New Zealand no longer accepts applications from advisers unless they are licensed or exempt.  This has been the message that we have given offshore advisers from the beginning of our communication with them.

“Migrants themselves are also a powerful tool in encouraging adviser licensing.  We will clearly communicate with potential migrants around the world through our website, Immigration New Zealand branches worldwide, and increased presence of licensed advisers, the importance of using an adviser who is licensed or exempt.  We will also clearly communicate how migrants can make a complaint against their adviser, whether licensed or unlicensed,” Mr Smedts said.

The Authority will investigate all complaints about licensed advisers, no matter where they are, and all complaints are forwarded to the Immigration Advisers Complaints and Disciplinary Tribunal, to determine.  Unlicensed adviser activity is an offence, whether in or outside New Zealand.

“We are already starting to see the benefits of licensing.  Migrants can have confidence in their licensed advisers, knowing there is the opportunity for redress if problems arise, and we see an increased level of interest in professional upskilling from licensed advisers,” Mr Smedts said.

 

ENDS

For further information contact:

Jane Palmer
Senior Communications Adviser
Immigration Advisers Authority
DDI:    +64 9 925 8749
Cell:    +64 27 290 6070
Jane.palmer@iaa.govt.nz
www.iaa.govt.nz

 

4 May 2010 FAQs

What changes on 4 May 2010?
The final provision of the Immigration Advisers Licensing Act comes into effect on 4 May 2010, making it mandatory for offshore immigration advisers to be licensed, unless they are exempt.  Onshore immigration advisers have had to be licensed, unless they are exempt, since 4 May 2009.

Who is exempt from licensing?
The following may give immigration advice without needing to be licensed:

  1. People who provide immigration advice in an informal or family context, as long as the advice is not provided systematically or for a fee
  2. Members of the New Zealand Parliament, and their staff who provide immigration advice within the scope of their employment agreement
  3. Foreign diplomats and consular staff in New Zealand
  4. Employees of the New Zealand public service who provide immigration advice within the scope of their employment agreement
  5. Lawyers with a practising certificate issued by the New Zealand Law Society
  6. People working for community law centres within New Zealand, where at least one lawyer is involved with the centre
  7. People working for New Zealand citizens advice bureaux
  8. People who provide immigration advice offshore who advise on student visa and permit applications only.

How many offshore advisers are there?
Today, there are 414 licensed immigration advisers, including 132 based overseas.  The Authority maintains a register of all licensed advisers, which is updated regularly.

Are there sufficient immigration advisers?
We are aware that many advisers left the industry when licensing was first introduced, because the standards were set too high for poor performers.  However, the market will ultimately determine how many immigration advisers the industry can support.  We expect the immigration adviser community will continue to grow.

What is TTMRA?
Australian migration agents are licensed through the Office of the MARA (Migration Agents Registration Authority).  MARA agents can apply for a New Zealand licence using the process set out in the Trans Tasman Mutual Recognition Act (TTMRA). 

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.

How has the Authority communicated with offshore advisers?
The Authority received information regarding offshore adviser activity from Immigration New Zealand offshore branches, as they were best placed to understand the market.  The Authority has emailed and telephoned advisers based offshore.  The Authority has also worked closely with INZ branch managers, some of whom have conducted local seminars with advisers based in their regions.

What is the status of applications lodged with INZ by unlicensed offshore advisers?
Immigration applications received by INZ by close of business 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.

Immigration applications received by INZ from 4 May 2010 from an unlicensed immigration adviser will be refused and returned to the adviser.

How can a migrant find a licensed 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.
How can someone based overseas get a licence?
The Authority has produced an online presentation which gives offshore advisers all the information they need to complete an application for a New Zealand immigration advisers licence.

This presentation was emailed to all the offshore advisers the Authority had email addresses for, in September 2009.  The presentation has also been on the Authority’s website since September 2009.

Advisers have a two year window to submit their client files in order to get a licence.  What happens when that time frame has ended?
A provisional licence may be granted to new entrants to the industry.  Provisional licence holders must be supervised by a person who holds a full licence.

The Authority has plans to develop a qualification, which will provide the pathway for new entrants into the immigration adviser industry in the future.

How will the Authority police unlicensed adviser activity?
Immigration New Zealand will no longer accept applications from advisers unless they are exempt.  This has been a clear message that we have given offshore advisers from the beginning of our communication with them. 

Unlicensed adviser activity is an offence, whether it occurs inside New Zealand or overseas.

The Authority will investigate all complaints about licensed offshore advisers in the same way as onshore advisers and all valid complaints are sent to the Immigration Advisers Complaints and Disciplinary Tribunal.  The Tribunal has the power to cancel a licence if appropriate. 

Migrants themselves are also a powerful tool in encouraging adviser licensing.  We will clearly communicate with potential migrants around the world through our website, Immigration New Zealand, and increased presence of licensed advisers, the importance of using an adviser who is licensed or exempt.  We will also clearly communicate how migrants can make a complaint against their adviser, whether licensed or unlicensed.