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Newsletter July 2010

In this issue:

Licence renewals changes

We have introduced two renewals streams: standard and fast-track. The standard renewal stream requires our standard assessment of a client file and other evidence such as client account bank statements. The fast-track renewal stream will create a more streamlined process.

Advisers must lodge a standard renewal application for two consecutive years after the initial licence is granted. After that period, you may lodge a fast-track renewal application for two consecutive years unless:

In practice this means that if, on your second renewal, we do not ask you to make any changes to your business practices to show that you meet the competency standards and the code of conduct, and you have no complaints made against you, and you do not change the primary organisation you work for, you will be able to lodge a fast-track application for your next two renewals.

All advisers must lodge a standard renewal application after every two fast-track applications approved.

The first licensed advisers will become eligible for the fast-track process in June 2011. We will publish more details about the fast-track process and the fast-track application form in time for these renewals.  In the meantime we suggest you read our new renewals policy and carefully consider your next renewal application to make sure you are providing everything we ask for.

Many thanks to the 2010 licensed immigration adviser reference group for their contributions to this review.

New standard renewals form

We have revised the standard renewals form to make it clearer and to help you provide all of the required information up front.

Currently our assessors often have to ask renewal applicants for additional information, such as client tracking records for their client account bank statements. The new renewals form sets out all of the information that your assessor will want from you.

You can read a summary of all of the evidence required in a standard renewal application in the revised renewals policy and revised renewals FAQs or you can check out the new renewals form itself.

The Authority will accept applications lodged using the current renewals application form until 31 August 2010. However, we encourage you to use the new form now as this will make the renewals process clearer and easier for you.

Survey on immigration adviser qualification

As we mentioned in last month’s newsletter, the Authority has started work on the development of a licensing qualification for immigration advisers.  This qualification is likely to replace the existing evidence-based licensing assessment process and will provide an improved pathway for new entrants to the immigration adviser industry.

We are conducting a short survey of current and potential immigration advisers, and anyone else who may be interested in learning more about providing advice about New Zealand immigration matters.  We would like to hear from anyone who may be interested in this qualification.

While the qualification will not be compulsory for advisers who currently hold a licence, all or part of it may be used for advisers’ continuing professional development in the future. 

You will receive an email from us, asking you to take part in a short survey about the qualification.  This information will help the working group and the education provider make decisions about how the course is structured.

The survey must be completed by Friday 30 July 2010.  We hope all advisers take part in this survey.

Licensed immigration advisers contracting to law firms

While employees of lawyers are generally exempt from the requirement to be licensed as immigration advisers, immigration advisers may provide immigration advice as independent contractors to a law firm as long as they can demonstrate that they provide immigration advice on their own account, and not as an employee of the lawyer.

The licensed adviser must meet all the requirements of the Immigration Advisers Licensing Act 2007 and the Licensed Advisers Code of Conduct 2008.  This includes the requirement to enter into a written agreement with clients, containing a full description of the services that provided as their adviser, as well as details of fees and disbursements and terms and conditions of payment.

Likewise, lawyers within the contracting firm are required to comply with the Lawyers and Conveyancers Act 2006 and the Rules of Conduct and Client Care.

After consulting with the New Zealand Law Society, it is our view that the simplest way for licensed immigration advisers to ensure that they meet their obligations as a licensed adviser and avoid conflicting with any parallel obligations imposed on lawyers, is for the adviser to contract directly with their immigration clients and to bill them directly for their services.  This means any disputes regarding contractual arrangements with clients and/or fees will be determined under the Immigration Advisers Licensing Act 2007 rather than the Lawyers and Conveyancers Act 2006.  

The client may also have a relationship with the law firm, so the law firm will have to comply with the Lawyers and Conveyancers Act 2006 and the Rules of Conduct and Client Care in that respect.

Fees on website

At renewal time, licensed advisers are asked to disclose the highest and lowest fee charged for each application type.  The Authority now holds a year’s worth of data and the results will be published on our website from 1 July.

This information will help migrants judge whether the fees they are charged are fair and reasonable.

GST

In this year’s Budget, the Government announced that GST will increase to 15% on 1 October 2010.  This affects all onshore advisers and applicants who may pay fees from 1 October.  Fees and levy payments will automatically increase for New Zealand based advisers by 2.5% on 1 October 2010.

The Authority will update its application booklets to reflect this change, but some applicants may have already downloaded the current booklets with ‘pre-1 October 2010’ fee and levy payment information, even if they do not plan to make payments until after 1 October.

After 1 October, all onshore advisers and applicants must pay the new fee and levy.

Keep your email address up to date

The Authority’s primary method of corresponding with licensed advisers is by email, therefore we ask that you ensure the email address you give us is current and regularly accessed by you.  Please let the Authority know if the email address this newsletter is sent to, is not the one you would like future correspondence to be sent to.

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