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Newsletter April 2010

Client accounts

If you take client funds in advance, you must operate a separate client account.  Licensing assessors report that licensed advisers are still showing confusion around this aspect of the code of conduct. 

It is particularly important that advisers read, understand and have implemented the client fund policy before their licence is due for renewal.  Assessors routinely ask how advisers handle client funds, what their processes and record-keeping systems are, and how these practices conform to the code of conduct.

If any licensed adviser is unsure how to manage client funds, we suggest you adopt one of the following processes:

  1. Don’t accept any payments in advance
  2. Pay Immigration New Zealand by credit card, and then invoice the client
  3. Get the client to pay Immigration New Zealand direct, i.e. by asking the client to provide a bank cheque, payable to Immigration New Zealand.

The purpose of having a separate client account is to protect client money taken in advance and to make it available to the adviser only after the agreed work has been completed.  Advisers are in a position of trust and influence in respect to their clients. 

Client file submitted at renewal

Another issue which can cause delays at renewal time is the client file which advisers must submit with their application.  This file can relate to any type of application to Immigration New Zealand.  However, if it fails to meet the standards set out in the code of conduct, you may be asked to submit another client file, and your renewal application will be put on hold until we are satisfied that you can demonstrate you meet the code of conduct.

The Authority may also ask to assess another client file if the file you submit fails to address undertakings you made when you received your initial licence.

Minister’s visit

Authority staff with Minister of Immigration.
Authority staff with Minister of Immigration

In March, the Minister of Immigration, Hon Dr Jonathan Coleman visited the Authority’s Symonds Street offices. 

Dr Coleman spoke about the wider context of immigration in New Zealand.  In his Northcote electorate, 23% of the population is Asian.  While some people may be uncomfortable with the changing face of New Zealand, immigration is vital to the New Zealand economy, as immigrants produce 10% of New Zealand’s GDP.   

Dr Coleman recognises the added value that licensed advisers bring to the immigration process.  He was most interested in learning more about the issues the Authority is facing, one year on from the introduction of mandatory onshore licensing.

4 May 2010

The final stage of implementation of the Immigration Advisers Licensing Act is fast approaching, with the introduction of offshore mandatory licensing due to come into effect just over a month away.  Members of the Authority have been working closely with Immigration New Zealand staff to ensure that the message is getting out to offshore advisers who must be licensed if they intend to continue to give immigration advice after 4 May 2010.

Our research to date suggests that we are unlikely to experience large numbers of offshore advisers, in the short term at least.  The primary reasons for this are that many people dealing with Immigration New Zealand offshore work in the student market only, or are travel agents who do not give immigration advice.  It would seem that many New Zealand-based licensed immigration advisers are also active in overseas markets, particularly where there is a New Zealand sponsor for a family member’s application.

Reference group

Thanks to everyone who expressed an interest in membership of this year’s reference group.  The members are David Cooper, Arunima Dhingra, Anola Eitzinger, Tracy Hockings, Karen Justice, Glenys Joan Knox, Mayank Kumar, Mike McShane, Graydon Sharratt and Coral Wong (Ford). 

Two advisers were on the reference group last year, so provide continuity for this year’s group.  One representative is an adviser licensed through the TTMRA process, another is based offshore and Coral Wong is an automatic selection as current chair of NZAMI. 

The first reference group meeting for 2010 will be held on 15 April.  We will provide more information on this meeting in next month’s newsletter.

Professional standards

Authority staff have been visiting Immigration New Zealand branches around the country recently.  These meetings have been very productive, with useful discussions about our licensing and enforcement processes, the definition of immigration advice, exemptions, and INZ’s experience of licensing.

Feedback from INZ is that licensing has seen a significant drop-off in unprofessional immigration advisers, but there still seems to be room for improvement from some licensed advisers.

Some INZ staff report they continue to receive unprofessional letters and emails from advisers; template letters for clients that are not tailored to the individual client; and note that some advisers fail to relay INZ updates to their clients.

INZ has recently upgraded its promotion of licensed immigration advisers to migrants, through the INZ website, offshore branch home pages and contact centre staff. 

It is now up to licensed advisers to demonstrate that they can maintain respectful and professional relationships with INZ and clients, as set out in the code of conduct.

Operations policy seminars

Immigration New Zealand’s operations policy seminars are being held around New Zealand from 13 to 22 April.  As with previous seminars, the information which will be presented at the seminars will be made available to people unable to attend on our website, later this month.  If you have registered, and subsequently find that you are unable to attend a seminar, please email cpdregistrations@dol.govt.nz.

We have been asked if INZ plans to hold seminars overseas.  This is strictly a numbers game – if there are sufficient numbers of licensed advisers in a city to support holding a seminar, INZ will consider it.  If the numbers don’t add up in your city, we recommend you read the material on our website when it becomes available, and contact your local branch manager if you have more questions.

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