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Newsletter October 2011

In this issue:

Immigration adviser ordered to pay $35,000

An Auckland immigration adviser who left a family essentially homeless and failed three other clients has been ordered to pay $35,000.

Artika Archina Devi was struck off the licensed immigration advisers register after four former clients complained to the Immigration Advisers Authority.

One couple were told jobs at a Marlborough vineyard had been secured only to turn up with their children to find the positions did not exist.

The family ended up living in a tent in Marlborough until the campsite proprietor lent them money for the return trip.

The Immigration Advisers Complaints and Disciplinary Tribunal decision stated: “They were essentially put into the position of being homeless.”

“The adviser’s conduct has been at best reckless. She presented an employment contract to vulnerable migrants, and had her clients execute it.”

Read full story >>

Competency standards – one rule for all

Some advisers complete client applications from start to finish while others manage part of the process.

At the Authority we must establish that all advisers are competent and aware of their obligations under The Immigration Advisers Competency Standards 2010.

For this reason all advisers, whether they manage clients end-to-end or not, are tested on their knowledge on every area of immigration advising during the course of telephone interviews.

Only when we are completely satisfied all competency standards have been met does a licence get issued.

Do you meet the standard? >>

Immigration Advisers Authority Performance Statistics

Current performance against main performance targets:

Initial Applications target: 70% in 50 working days and 90% in 90 working days
Performance: Year to date 100% in 50 working days and 100% in 90 working days

Standard renewal applications target: 80% within 40 working days
Performance: Year to date 100%

Complaint cases closed within 6 months target: at least 80%
Performance: Year to date 100%

Knowing the Code — Invoicing

Under Licensed Immigration Advisers Code of Conduct 2010 each time a fee is payable, advisers are required within clause 8e to provide clients with an invoice containing a full description of the services that the invoice relates to.

Licensing assessors have noticed that advisers frequently misunderstand when an invoice should be issued.

A fee only becomes payable once a fee has been contractually agreed to, in other words, once the client has signed and dated the written agreement and sent it back to their adviser.

If payments are due in instalments through the process of providing your services, then an invoice must be issued for each instalment as it becomes payable at the contractually agreed time with your client. A single invoice for the entire fee does not meet our requirements.

For example, a written agreement may set out that the total service fees are expected in three separate instalments:

Three individual invoices should be issued at each stage for the amount as stated above.

Some advisers are issuing invoices before the agreement date with clients.

An invoice should only be issued/dated after receiving the client’s written confirmation even if the first instalment becomes payable upon signing the written agreement.

The invoice for the first payment should not be issued alongside an unsigned written agreement.

Receiving your clients’ confirmation showing they accept the terms of agreement in writing is consistent with clause 1.5d of the code of conduct and is a prerequisite to issuing the initial invoice.

As with any other amendments, if there are subsequent changes to the instalment and/or payment terms, this should be recorded and agreed in writing with the client in line with clause 1.5e.

Trans-Tasman Mutual Recognition Act Correction

Last month our newsletter said Australian registered migration agents could renew their New Zealand immigration advisers licence by using the TTMRA process or the standard renewal process.

On advice, it was found that Australian registered migration agents can only use the TTMRA renewal process and TTMR Act Application Form.

Latest adviser numbers

Figures as of 30 September were:

Licence holders - total
500
Full licence holders
396
Limited licence holders
25
Provisional licence holders
79
Adviser total onshore
342
Adviser total offshore
158
Trans Tasman Mutual Recognition Act (TTMRA) licensed
97
Refusals to date
18
District Court appeals against refusals decided
3
Complaints to Immigration Advisers Complaints and Disciplinary Tribunal
60

Contact us

Do you have a question for the Immigration Advisers Authority? Please feel free to contact us.

 

Licensed professionals = Protected migrants