Our Policy Manual

Initial full and limited licence application policy

Purpose

This policy sets out the requirements to apply for a full or limited New Zealand immigration adviser licence.

Information required in the application process

The requirements to apply for an immigration adviser licence are set out in the New Zealand Immigration Advisers Licence Application Booklet (the application booklet).

Application for an immigration adviser licence (Part A)

Part A of the application booklet requires the following information:

personal and contact details
the type of licence the applicant is applying for
qualifications or relevant work experience
examples of continuing professional development
evidence of the applicant’s English language and communication ability
fitness for licensing
proof of identity and a verified passport size photograph
police certificate
fee
authorisation and statutory declaration.

Personal and contact details (Sections 1-3)

The personal details section requires the applicant to give:

their full legal name, which will appear on the register of immigration advisers (register)
their preferred name, if applicable, which will be indicated on the register
any other names they may be known by.

The place of residence section requires the applicant to state if they have been in New Zealand for more than 183 days in the last 12 months.
The contact details section requires the applicant to provide:

their current employment status; for example, if they are a director or volunteer
the following addresses:
- business address, which is the primary location where the applicant conducts their business
- physical address for the service of documents
- postal address (if different from the business address).

All addresses must be in the same country. Under section 77(2)(a) of the Act, the purpose of the register is to enable members of the public to know how to contact a licensed immigration adviser and to facilitate the compliance, audit and other supporting and administrative functions of the Registrar. The register must show a business, service and postal address for where the adviser is located.

Type of licence (Section 4)

Applicant’s must either tick the full licence box or indicate which three immigration matters they wish to practise in for a limited licences.

Qualifications (Section 5)

If applicable, the applicant is required to list, what qualifications they have, relevant study, or work experience.
The Authority is currently establishing an immigration licence qualification that will be available from July2012.
In the meantime, the Registrar recognises the applicant’s experience in providing immigration advice, demonstrated by their work history.
The Register recognises the Graduate Certificate in Australian Migration Law and Practice or the Massey University paper 155.222 Immigration Law and Practice. It is important to attach a certified copy of the academic transcript.
The applicant must list any other educational qualifications, such as secondary schooling, or trade or tertiary qualifications.

It is important for the applicant to advise whether they are or have been licensed or registered, or hold a similar recognition with an overseas organisation that has a similar role to the Authority.

Continuing professional development (Section 6)

The applicant must list the relevant continuing professional development activities that they have undertaken within the 12-month period prior to applying for the licence.
These activities must relate to the provision of immigration advice and can include:

reading materials relevant to the provision of immigration advice provided by the Registrar or another organisation
receiving formal instruction, education or training relevant to the provision of immigration advice
attending information sessions, seminars, courses or conferences relevant to the provision of immigration advice
participating in the structured supervision or mentoring of another immigration adviser
active participation in a relevant professional body, organisation or association
self-directed learning on topics relevant to the provision of immigration advice.

English language (Section 7)

See the English Language Policy for more information.
Fitness for licensing (Section 8)

See the Fitness Policy for more information.

Proof of identity (Section 9)

The applicant is required to attach:

one certified copy of their driver licence, or birth certificate or a certified copy of the page of their current passport that shows the photograph and personal details. A person who is authorised to witness a statutory declaration must certify this document
two identical passport-sized and passport quality photographs that were taken in the last six months. A person who has known the applicant for more than 12 months and is not a family member or living at the same address must verify the photograph as a true likeness of the applicant.

New Zealand police certificates (Section 10)

Applicants are required to provide a New Zealand police certificate, obtained within the last six months if they have lived in New Zealand for more than 12 months in the last 10 years.

To apply for a New Zealand police certificate, the applicant must download the application form (Priv/F2) form issued by the Ministry of Justice and signed by the Authority from the Authority’s website, www.iaa.govt.nz.

Applicants must complete and send it to Privacy Unit, Ministry of Justice, National Office, PO Box 6140, Wellington. Applicants must sign the form with a copy of certified identification included.

The Ministry of Justice sends a copy of the certificate to the Authority and a duplicate to the applicant. Applicants must send in this duplicate copy with the application.

Overseas police certificates (Section 10)

Applicants are required to provide police certificates, obtained within the last six months, from each country that they have lived in for 12 months or more over the last 10 years.

Applicants must contact the relevant authorities in the particular country or countries to find out the cost and the timeframe for delivery.

Do not apply for a licence until the Authority has received the overseas police certificate. The applicant is required to email the Authority info@iaa.govt.nz that they intend to apply for a licence and have sought the police certificate/s. The Authority will contact the applicant by return email when it has received the certificate/s, after which they can apply for the licence.

If the applicant cannot get a police certificate because they are not available or are difficult to obtain, they will need to provide a statutory declaration in English and their own language.

This declaration needs to detail the applicant’s attempts to obtain a police certificate and whether they have been convicted or charged with any offences in each country that they have lived in for 12 months or more over the last 10 years. The applicant needs to include information confirming their good character.

Fee and Levy (Section 11)

The applicant must pay the licence application fee when applying for the licence.

The immigration advisers levy is payable only if the Registrar approves the application. If the application is successful, the Authority will contact the successful applicant to request the levy.

The Authority only accepts payments in New Zealand dollars. Payment methods are located in the application booklet.

Authorisation and statutory declaration (Section 12)

Applicants must statutory declare that the information provided is correct by making the declaration in front of a person authorised to witness a statutory declaration.

The following persons may witness a statutory declaration made in New Zealand:

an enrolled barrister and solicitor of the High Court of New Zealand
a Justice of the Peace
a notary public
a Registrar or Deputy Registrar of the District Court, High Court, Court of Appeal or Supreme Court.

The following persons are authorised to witness a statutory declaration made outside of New Zealand:

in a Commonwealth country other than New Zealand; a Judge, Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of a judicial proceeding, a Commonwealth representative, or a solicitor of the High Court of New Zealand
in a country other than a Commonwealth — a Commonwealth representative, a Judge, a notary public, or a solicitor of the High Court of New Zealand.

Supplementary information (Part B)

Applicants must provide the following supplementary documentation, as set out in Part B of the application booklet.

adviser immigration work history
Immigration New Zealand Activity Record or an Adviser Activity Record
client files
client file evidence checklist
client file summary sheet
completed questionnaires
references.

Adviser immigration work history

The applicant must summarise details of their work experience that is relevant to the provision of immigration advice.

Its purpose is to illustrate the immigration matters that the applicant has advised on and the range of tasks and responsibilities that they have undertaken.

Immigration New Zealand activity record

The applicant is required to provide a Immigration New Zealand (INZ) activity record (activity record) that lists details of the applications that the applicant has tendered to INZ that have been decided in the last two years.

Applicants will require the client identification code; a unique code for the organisation that they work for, this is obtainable from INZ.

Applicants are required to email IAA-Agent-activity@dol.govt.nz with details of their client identification code and contact details in order to request an activity record.

Applicants should receive the activity record within two working days by return email. Applicants must compare their records to the activity to check for discrepancies. Once checked, the applicant needs to attach the record to the application form.

If the applicant has been an employee, INZ may not be able to supply a personalised activity record. The applicant’s employer can ask for an activity record for their organisation and transfer the details of the decided applications the applicant has tendered to INZ in the previous two years to the activity record in the application booklet.

If the applicant has not tendered applications to INZ in the last two years, they are not required to provide an INZ activity record.

Client files

A client file is a file that records the applicant’s work on behalf of a client in relation to a particular immigration matter. It should trace the applicant’s work on the client’s behalf, from the first contact with the client through to the resolution of the immigration matter.

Full licence	Limited licence
Applicants must include four client files completed by themselves in the last two years: two must be residence application and the other two must be temporary entry applications. Applicants need to specify on the individual client file summary sheet whether the client file is a temporary or residence matter. Applicants need to attach a copy of the client file summary and the client references sheets for each of the four client files.	Applicants must include three client files completed by themselves in the last two years. Applicants need to specify on the individual client file summary sheet whether the client file is a temporary or residence matter. Applicants need to attach a copy of the client file summary and the client references sheets for each of the four client files. All client files must be applications relating to the specified immigration matters that the licence applicant wishes to specialise in.

Full licence

Limited licence

Applicants must include four client files completed by themselves in the last two years: two must be residence application and the other two must be temporary entry applications.
Applicants need to specify on the individual client file summary sheet whether the client file is a temporary or residence matter.
Applicants need to attach a copy of the client file summary and the client references sheets for each of the four client files.

Applicants must include three client files completed by themselves in the last two years.
Applicants need to specify on the individual client file summary sheet whether the client file is a temporary or residence matter.
Applicants need to attach a copy of the client file summary and the client references sheets for each of the four client files.
All client files must be applications relating to the specified immigration matters that the licence applicant wishes to specialise in.

The Authority will accept client files, which are still in process with INZ as long as the applicant submits at least two client files, which show a full end-to-end process and INZ decision.

If the applicant provides any client files where INZ has not made a decision, the Authority expects to see an acknowledgement from INZ that the case is in progress.

Expectations for client files

The Authority has the following expectations:

they must be in English and should be copies only. The Authority allows applicants to translate client files from the first language into English; however translations must be legible and information may be returned if readability is at issue
they should include copies of all applications and documentation relating to the immigration matter
are files in which revenue was generated or fees charged
relate to a separate client or set of clients. For example, applicants may not submit two client files from one family
include a completed client file evidence checklist
include a completed client file summary sheet
include a client reference for each of the client files submitted
evidence of how client eligibility was assessed, such as a checklist, assessment form or consultation notes
the written agreement entered into with the client
all invoices provided to the client
a complete copy of the signed application form tendered to INZ
all correspondence with the client and file notes of any material conversations
all correspondence with INZ
evidence of the decision, including a copy of the visa label and the final decision letter from INZ if applicable
evidence of the safe return of the client’s original documents.

Professional references

One professional reference is required for full and limited licence applications.

A professional person is one that the applicant deals with in the course of their work.

Professional referees may not be related to the applicant or be an employee of the applicant.

Questionnaires

Applicants must complete the following questionnaires in the application booklet:

client file questionnaire
the immigration advisers licensing scheme questionnaire
immigration law and instructions questionnaire
business processes questionnaire.

Alternative evidence

The Registrar has some discretion to determine what evidence is required to demonstrate competency. In some cases, the Registrar may waive the requirement of the applicant to provide client files where acceptable alternative evidence is available.

In order for the Registrar to accept alternative evidence, the applicant must have significant immigration-related experience. The Registrar regards this as meaning a minimum of 12 months direct immigration experience in the last three years. Examples of direct immigration experience may include:

working on immigration cases in a Member of Parliament’s office
working on immigration cases in a lawyer’s office.

The Registrar will determine alternative evidence to client files at their discretion on a case-by-case basis. There is no automatic right of entry via alternative evidence. Applicants wishing to submit alternative evidence to client files should discuss their application with the Authority before submitting it.

Applicants who are declined entry to apply via this route may also wish to consider applying for a provisional licence. See the Provisional Licence and Supervision policy for more information.

Fees and Levy

For applicants who are ordinarily resident in New Zealand the initial Application Processing Fee is NZ$909.78 and the Immigration Advisers Levy is NZ$1129.55.

A person is an ordinarily resident in New Zealand if they have spent more than 183 days in New Zealand in the immediately preceding 12-month period and are not unlawfully in New Zealand.

For applicants who are not ordinarily resident in New Zealand the Application Processing Fee is NZ$791.11 and the Immigration Advisers Levy is NZ$982.22.

Immigration Advisers Authority