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Newsletter May 2010

In this issue:



Offshore mandatory licensing is here!

On 4 May 2010, the final phase of the implementation of the Immigration Advisers Licensing Act 2007 will occur, when offshore licensing becomes mandatory.  One of the primary motivators for introducing a mandatory licensing regime in New Zealand has been to ensure migrants have confidence in the standard of immigration advice they receive. 

Migrants themselves are a powerful tool in encouraging adviser licensing.  We will continue to communicate with potential migrants around the world through our website, Immigration New Zealand branches worldwide, and increased presence of licensed advisers, about the importance of using an adviser who is licensed or exempt. 

We are already starting to see the benefits of licensing.  Migrants can have confidence in their advisers, knowing there is the opportunity for redress if problems arise.  We are also aware of an increased level of interest in professional upskilling from licensed advisers, which bodes well for the future of the industry.

Complaints to the Authority

Melissa England, team leader of Investigations, gave a presentation on complaints about licensed advisers to the NZAMI seminar in Auckland last month.  Here is a summary of her presentation.

The Authority understands that complaints are a very important issue for a licensed adviser.  It is almost inevitable that at some point things don’t go to plan and expectations are not met.  Now that advisers are part of a professional industry, you are required to be accountable for your actions and provide an explanation of events or circumstances.

It has been noted that advisers have a strong commitment to the philosophies behind the code of conduct.  A compliance focus helps identify poor performers and impose sanctions on them. This is why a complaints process for licensed advisers with an independent Tribunal is included in the Act.

Anyone can make a complaint against a licensed adviser, including the Registrar. The Authority has an obligation under the Act to investigate and compile the complaint and forward it to the Immigration Advisers Complaints and Disciplinary Tribunal.

The Act stipulates that a complaint must be in writing, specify the grounds for the complaint, state whether the adviser’s internal complaints procedure has been followed, be supported with relevant documentation, and must not be anonymous.

The 16 valid complaints received so far relate to:

Poor communication seems to be at the heart of the complaints.  This underlines the importance of keeping accurate and up to date records of all conversations relating to the client, providing timely updates and meeting your agreed contractual arrangements. The code of conduct emphasises the areas where licensed advisers must communicate with their clients – and adherence to the code of conduct is the message the Authority will continue to promote with licensed advisers.

In next month’s newsletter, we will discuss what you can expect if someone complains to the Authority about you.

Reference group 2010

The first reference group meeting was held in April.  Members raised issues such as concerns about the level of knowledge of New Zealand’s immigration adviser licensing scheme offshore, including in India; immigration advisers’ personal responsibilities for keeping up to date with INZ policy changes, and guidelines for managing a complaint from a client. 

Steve Cantlon from Immigration New Zealand discussed INZ’s new initiatives (see article in this newsletter).

The group also discussed the review of the licence renewal process.  There was strong support for the concept of streamlining renewals processing.  We will have more information on the renewals review in next month’s newsletter.

The reference group minutes will be posted on our website this month.

Migrant survey

The Authority has commissioned independent research company Premium Research to repeat the survey of migrants who used an immigration adviser when making their New Zealand visa or permit application.  Your clients may be selected to participate in this survey.

The purpose of the survey is to get feedback on the service migrants received from their immigration adviser.  The information they provide will be compared to last year’s results and help the Authority to measure whether licensing is improving the services migrants receive.

People who have been granted a visa or permit in the eight months prior to 4 May 2010 and are recorded by INZ as having used an immigration adviser and whose email addresses are recorded by INZ will be sent a survey by email.

The survey will be sent out in late May for completion in early June. The Authority will publicise the results of the survey in August 2010.

Immigration New Zealand initiatives for advisers

Steve Cantlon spoke at the recent NZAMI seminar about an INZ project to identify and implement potential improvements within the immigration business processes which do not require ICT investment, policy change or extra staffing to achieve. Last year’s reference group was asked for its ideas and feedback about possible changes.

The project identified a number of candidates for change.  They broadly fall into two categories.  Quick wins can be implemented relatively quickly and other ideas require more design work prior to implementation.

Quick Wins

  1. Establish consistency about the content timing and formatting of notes in AMS.
  2. Establish a consistent approach to returning applications that do not meet lodgement requirements.
  3. Trial a change to risk management to reduce the number of routine new permits granted to visitors soon after arrival in New Zealand.
  4. Use e-mail as the standard means of communication where agreed by applicant/adviser.
  5. Make the INZ website “search” facility more user-friendly.
  6. Establish standards for refunds of application fees.
  7. Reduce the number and frequency of medical reports that need to be sent to medical assessors.
  8. Eliminate cash when paying for immigration application fees.
  9. Reduce the volume of files retained by immigration branches after an application is decided.
  10. Smooth out the flow of applications that arrive in large spikes.

Other ideas for development

  1. Allow more flexibility for managers to shift staff to match workflow peaks.
  2. Establish minimum verification standards to be applied for all applications.
  3. Establish consistent workflow/triaging systems for work allocation.
  4. Establish and embed a “best practice” framework and governance process.
  5. Establish consistent verification delivery procedures.
  6. Implement a strategic global approach to outsourcing administrative tasks.
  7. Increase the segmentation of work, e.g. establish a segmented approach to work received from immigration advisers.
  8. Review the content and system for template letters.

Some changes have obvious external customer benefit and some are aimed at generating internal administrative benefit.  INZ report that the changes are expected to appear over the next 18 months.  The Authority will continue to monitor INZ’s roll-out of these initiatives.

Immigration New Zealand operational policy seminars

The operational policy seminars run by Immigration New Zealand last month were well attended.  INZ staff are preparing answers to a number of questions raised at the seminars and attendees will be sent an email from INZ soon. 

The operations policy booklet is now available on our website.

The next operations policy seminars from INZ are scheduled for September/October, and will cover training on the new Immigration Act 2009.

Lexis Nexis conference

LexisNexis is hosting an immigration law conference at the Hyatt Regency Auckland, on 1 & 2 July.  The Authority has negotiated a 20 percent reduction in registration fee for licensed immigration advisers.  The two day rate is $985.50 (incl. GST) compared to the normal rate of $1231.88 (incl. GST). 

Attendance at the conference can be included in your list of CPD activities in your renewal application. 

We recommend you consider attending this conference.  For information on how to register, email seminars@lexisnexis.co.nz or call 09 368 9505.

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