Our Policy Manual
Table of Contents
- Who Needs to be Licensed
- Not-for-Profit Policy
- The Licensing Process
- Fitness Policy
- English Language Policy
- Initial full and limited licence application policy
- Provisional Licence and Supervisor Policy
- Trans-Tasman Mutual Recognition Policy
- Licence Upgrade Policy
- Renewal and Fast-Track Renewal Policy
- The register of licensed immigration advisers
- Cancelled, suspended, voluntarily surrendered and expired licences
The licensing process
Purpose
This policy sets out the process to apply for a full, limited and provisional New Zealand immigration adviser licence.
Overview
The Registrar of Immigration Advisers (the Registrar) will grant an immigration adviser licence if satisfied that the applicant meets the minimum standards of competence, is not prohibited from holding a licence and is not subject to the fitness provisions as set out under the Act. See the Fitness policy for more information.
The Registrar may grant either a full, limited or a provisional licence depending on the knowledge and experience of the applicant.
Australian registered migration agents may apply for an immigration adviser licence. See the Trans-Tasman Mutual Recognition policy for more information
All licences are valid for 12 months, from the date the Registrar grants it. A licensed adviser must renew their licence yearly, prior to the expiry date, or their licence will expire.
Types of immigration adviser licences available
| Full licence | Limited licence | Provisional licence |
|---|---|---|
A full licence allows an adviser to provide immigration advice relating to all immigration matters. The Registrar will grant a granted a full licence, if the applicant proves that they can competently provide advice in relation to both temporary and residence immigration matters and they have overall competence in all other immigration matters. |
A limited licence authorises an adviser to provide immigration advice, without supervision, on specified immigration matters only. The Registrar must be satisfied that the immigration adviser has the competence to provide immigration in only those specified matters. A list of these matters is in the New Zealand Immigration Advisers Licence Application. |
A provisional licence allows an immigration adviser to provide immigration advice, but only under the direct supervision of a licensed immigration adviser with a full licence. |
Licensing process
There are three phases to the process of applying for a licence, lodgement, assessment and decision.
Lodgement
Lodgement is the process of the Authority receiving a completed initial, renewal or upgrade application form from an applicant and processing it to be ready for assessment.
The Authority will not assess an application where an applicant has not used the correct form.
The Authority will not lodge applications that have not met lodgement requirements. If an application does not contain all required information (this depends on the type of licence application), the Authority will not lodge it.
The Authority may contact the applicant and request missing and required information. If the applicant does not provide the requested information, the Authority will most likely return it.
The Authority will only accept licence applications received by the following ways:
- mail delivered by a recognised postal service
- freight paid courier
- over the counter at the office of the Authority, during normal business hours.
Once the Authority lodges the application it will acknowledge the application and provide a receipt for the fee.
Fitness Assessment
Following lodgement, an applicant will be subject to a fitness assessment if they fall within any of the provisions of sections 15, 16 or 17 of the Act. See the Fitness policy for more information.
Competency Assessment
If the applicant is found fit, the next step is assessment of the application.
The Authority assesses each application against the relevant competency standards for the licence type.
| Full licence | Limited licence | Provisional licence |
|---|---|---|
Applicants must demonstrate, to the satisfaction of the Registrar, the following seven competencies set out in Part 1 of the competency standards.
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The applicant must demonstrate, to the satisfaction of the Registrar, the following competencies.
The applicant must demonstrate competencies 3 and 4 in relation to the limited specified matters they are applying to provide advice in:
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The applicant must demonstrate, to the satisfaction of the Registrar, the following seven competencies set out in Part 2 of the competency standards.
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In assessing the application, the assessor will assess whether the application meets the minimum standards of competency.
The assessor completes an initial assessment checklist, notes any gaps in the information relating to the competency of the applicant, and prepares questions to ask the applicant.
The assessor will then organise a telephone interview with the applicant. This interview provides the opportunity for verification and clarification of the application, as well as testing the applicant’s knowledge, skills and experience. The interview allows the assessor to discuss the application process, expand on the applicant’s written answers and to decide whether the applicant meets the requirements of the competency standards.
The telephone interview is an immediate way of dealing with any errors, omissions and process requirements. The assessor writes up the interview and a report to assist the Registrar in making his decision.
Application decision
After assessment, the Registrar will decide whether the application meets licensing requirements.
The Registrar decides, in accordance with section 19 of the Immigration Advisers Licensing Act 2007 (the Act), if the applicant is eligible for a licence and what type to grant.
The Registrar will grant a licence if they are satisfied, the applicant meets the following:
- is not prohibited from licensing
- is fit to be licensed as an immigration adviser
- meets the minimum standards of competence
- has properly completed an application in accordance with the Act
- has paid the immigration adviser’s levy (the levy).
If the Registrar approves the application, the Authority will send a conditional approval letter to the applicant’s service address given on the application.
The applicant has 20 working days to pay the levy from the date of issue of the letter. If an applicant is offshore, they have 30 working days to pay the levy.
If the applicant does not pay the levy before the due date, the Authority will withdraw the licence approval.
Once the levy is paid, the Authority will send a licence certificate, a wallet card and licensed immigration adviser information to the service address given on the application. The Authority will update the register with the adviser’s details.
Refusal to grant a licence
The Registrar may refuse to grant an immigration licence if the application does not reach the minimum competency standards or fitness requirements.
The Registrar will notify the applicant of the decision not to grant a licence, in writing, within 10 working days of the date of the decision, setting out reasons for refusal.
Under section 81 of the Act, an applicant has the right to appeal to the District Court against the Registrar’s decision to refuse to grant a licence.
The Authority will list the name of all applications on the register who have been refused an immigration advisers licence, unless that decision is reversed.
Fee and levy
For applicants 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 ordinarily resident in New Zealand if they have spent more than 183 days in New Zealand in the immediately preceding 12-month period. They must not be unlawfully in New Zealand.
For applicants not ordinarily resident in New Zealand the initial Application Processing Fee is NZ$791.11 and the Immigration Advisers Levy is NZ$982.22.