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Newsletter February 2010

Happy New Year!

Welcome to the first edition of the Immigration Advisers Authority newsletter for 2010.  We hope that you have enjoyed the summer break and are now ready and refreshed to deal with the issues this year will bring.

The Authority’s major focus for 2010 is the introduction of mandatory offshore licensing on 4 May.  The Authority has taken a number of steps to encourage offshore licensing. 

The first step was to locate offshore immigration advisers.  Much of the Authority’s data around known adviser activity came from Immigration New Zealand branch managers based overseas, who provided the names and contact details of all the immigration advisers they deal with.  

The Authority has emailed all these individuals, informing them of the need to be licensed by 4 May 2010 if they still wish to do business with Immigration New Zealand.  A “do it yourself” web-based seminar has been posted on the Authority’s website and was also sent to all Immigration New Zealand offshore branch managers for dissemination to other possible advisers. 

In December, the Authority telephoned everyone on the offshore adviser database who had not already submitted an application, excluding Australia.  In February, we plan to have teleconferences with all offshore branch managers to discuss the next step in promoting offshore licensing.

There are currently 352 licensed immigration advisers.  Of these, 269 advisers are based in New Zealand and 83 are offshore advisers.

Offshore enforcement is also important.  Many people have asked the Authority how we will enforce licensing offshore.

The simple answer is that from 4 May 2010, Immigration New Zealand will no longer accept applications from advisers offshore unless they are exempt.  This has been the clear message given to offshore advisers.

The Authority will investigate all complaints about licensed offshore advisers in the same way as onshore and has the power to cancel a licence if appropriate. 

Both the online register and the web-based seminar are good indicators for offshore advisers that the Authority is committed to delivering a licensing regime that works for offshore advisers as well as onshore advisers.

Licensed advisers have a clear marketing advantage over their competitors by being able to assure their migrant clients that they are meeting New Zealand Government quality standards.

Supporting licensed advisers – marketing initiatives

At the November reference group meeting, immigration advisers discussed a number of ways to better promote licensed immigration advisers. 

Anecdotal evidence suggests that migrants may be afraid to disclose to Immigration New Zealand that they need help with the application process, but Immigration New Zealand is also the most likely first place for migrants to seek assistance. 

The Authority has produced a generic brochure and poster, promoting the immigration adviser licensing message, which will be available at a number of venues, including all Immigration New Zealand branch offices, MP electorate offices, community law centres and universities.  The brochure is already on our website, and the poster will be posted online by the middle of February.

Immigration New Zealand contact centre staff have been given the following key messages for those seeking assistance in dealing with the immigration process:  consult a licensed adviser, consult someone who is exempt, or do it yourself. 

Endorsement of licensed immigration advisers as a group by Immigration New Zealand provides migrants and potential migrants with the information that there are avenues of assistance available to them, and these are sanctioned by the New Zealand Government.   

These marketing initiatives will have the dual effect of promoting the need for immigration advisers to get a licence, and informing prospective migrants that their adviser must be licensed unless exempt.  The Authority is committed to continuing to improve its marketing initiatives.

Renewals requirements

The Authority has been busy over the past few months assessing renewal applications.  It would appear that some advisers have not read the requirements for renewal thoroughly before submitting their application.  We strongly advise you to read our requirements carefully or you may face a delay in having your renewal approved. 

In the worst case scenario, your application may be returned to you because it is substantially incomplete, and your licence may lapse before we accept your renewal.  If this were to occur, you would have to apply for a new licence – a far more demanding task than applying for renewal.

Amongst the incomplete applications received from the Authority to date, we have received passport photos not verified by the person who signed the statutory declaration, a client file submitted that was over 12 months old, and a client file that was also submitted in the initial application.

The client file you submit can relate to any type of application to Immigration New Zealand.  This may be a temporary or permanent application, or an appeal.  However, the file you choose must have been started in the period of your current licence and the case must be complete or substantially complete (ie, awaiting a decision from Immigration New Zealand).

In order to reissue your licence for another year, the Authority is looking for evidence that you meet the code of conduct and competency standards.  The client file does not need to be a complex application, reflective of the depth and breadth of your immigration knowledge.  It merely needs to be complete or substantially complete and be evidence of work you have carried out in the past 12 months.

Please note that when answering the question on page 15 about client funds, the Authority is only interested in receiving your most recent bank statements for the client account when you accept client payments in advance, although the form doesn’t specify this point.

The Authority is looking for evidence that you understand and comply with the code of conduct.  In fact, we would hope to see evidence that your standard of business practices has improved over the year in which you have been adhering to the code.

The Authority has tried to make its expectations clear in the renewal guidelines.  If you have questions about what is required, please contact the Authority before you submit your application.  Failure to meet the requirements may result in you having to apply for a licence all over again.

New reference group members sought

The Authority conducted its final reference group meeting for 2009 on 19 November and is now looking for new members for the 2010 reference group.

The reference group will meet three times in the year, to discuss a broad range of issues affecting licensed advisers.  The Authority will also consult the reference group on areas of policy and the group will provide feedback on the Authority’s activities and actions.

Any licensed adviser, based in New Zealand or offshore, can apply to join the reference group.  The chair of the New Zealand Association of Migration and Investment or a representative is an automatic appointment to the group and will represent the views of NZAMI.

Our experience from last year’s reference group is that there is a lot of work involved, and we ask for committed and enthusiastic advisers who are prepared to invest their personal time in making this valuable contribution to the immigration adviser community. 

One of the members of last year’s group estimated the time commitment at roughly a full week, when factoring in the meetings and the requirement to give written feedback on policy issues throughout the year.  However, he said the time spent on the reference group was worthwhile and the work put in by reference group members was positive for the industry.

Licensed advisers interested in joining the 2010 reference group should write to the Registrar by 28 February 2010.  In order to ensure we get representation from a wide range of practice areas and adviser experiences on the reference group, please include the following information:

We look forward to hearing from prospective reference group members.

Numbers update

As at 27 January 2010, 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