How to apply for a full or limited licence

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

All full or limited licence applicants who do not currently hold a licence must complete the Bay of Plenty Polytechnic’s Graduate Certificate in New Zealand Immigration Advice unless:

• the applicant held a full or limited licence that expired or was surrendered within the six months before they lodge their licence application
• the applicant held a full or limited licence that expired or was surrendered within the 36 months before they lodge their licence application in which case they must have completed an approved refresher course
• the applicant completed a refresher course within the 12 months before the application is lodged where the applicant holds the Bay of Plenty Polytechnic’s Graduate Certificate in New Zealand Immigration Advice which was completed more than 12 months before the licence application is lodged.

All full or limited initial licence applicants must complete Form 101: Initial Licence Application.

If the applicant held a full or limited licence that expired or was surrendered within the six months before they lodge their licence application they will also be required to complete Form 101B: Supplementary Documentation Application.

Initial application process

The applicant must submit Form 101: Initial Licence Application and if relevant, Form 101 B: Supplementary Documentation Application, together with the required fee and supporting documentation.

The Authority must receive the licence application

• by mail delivered by a recognized postal service
• by freight paid courier
• over the counter at the office of the Authority, during normal business hours.

The Authority will return all licence applications not received by one of the above means.

Form 101: Initial Licence Application (Form 101).

Applicants will be required to provide the following information:

• personal details
• if relevant, details regarding the applicant’s previous immigration adviser licence
• if relevant, evidence of completion of the  Bay of Plenty Polytechnic’s Graduate Certificate in New Zealand Immigration Advice
• the type of licence the applicant is applying for
• contact details and addresses
• fitness for licensing
• proof of identity
• a verified passport size photograph
• criminal record history/police certificate
• the application fee
• statutory declaration.

Personal details (sections 1-2)

The personal details section requires the applicant to give:

• their full legal name, which will appear on the public register of immigration advisers (the register)
• their preferred name, if applicable, which will be indicated on the register in brackets
• 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 lawfully for more than 183 days in the last 12 months.

Previous immigration adviser licence (section 3)

An applicant who previously held a full or limited licence that expired or was surrendered is required to provide their previous New Zealand immigration adviser licence number and the date their previous licence expired or was surrendered.

Qualification (section 4)

All full or limited licence applicants who do not currently hold a licence must have completed the Bay of Plenty Polytechnic’s Graduate Certificate in New Zealand Immigration Advice within the 12 months before the application is lodged unless:

• the applicant held a full or limited licence that expired or was surrendered within the six months before they lodge their licence application
• the applicant held a full or limited licence that expired or was surrendered within the 36 months before they lodge their licence application in which case they must have completed an approved refresher course.

• the applicant completed a refresher course within the 12 months before the application is lodged where the applicant holds the Bay of Plenty Polytechnic’s Graduate Certificate in New Zealand Immigration Advice which was completed more than 12 months before the licence application is lodged.

The applicant must provide a certified copy of their academic transcript.

Type of licence (section 5)

Applicants must indicate if they are applying for a full or limited licence.
Applicants applying for a limited licence can choose up to three immigration matters to specialise in. These include:

• applications for temporary entry matters which include student, visitor and work immigration matters
• applications for residence: family
• applications for residence: skilled migrants
• applications for residence: business/investor
• dealing with a client’s unlawful status (advising people who are unlawfully in New Zealand)
• claims for refugee/protection status
• appeals to the Immigration and Protection Tribunal.

Applicants who lodge a licence application within six months of allowing their full or limited licence to expire or surrendering their licence must reapply for the licence type they previously held.

Applicants who are reapplying for a limited licence must specialise in the immigration matters they were previously licensed to provide advice on, or, they may apply to specialise in new areas only where they have completed the relevant modules from the Graduate Certificate in New Zealand Immigration Advice and they can provide evidence of this.

Contact details and addresses (section 6)

The contact details section requires the applicant to provide:

• the name of their business or employer
• their current status with the business or employer; for example, if they are a director or volunteer
• their business address, which is the main location where the applicant conducts their business
• their physical address for the service of documents
• their postal address (if different from the business address) 
• their business phone number, direct dial phone number, mobile phone number, fax number and business email address that the applicant can be contacted on
• their business website.

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.

The applicant may choose to have their business phone number, direct dial phone number, mobile number, fax number, business email address or business website shown on the public register of immigration advisers.

Fitness for licensing (section 7)

See the Fitness Policy for more information.

Proof of identity (section 8)

The applicant is required to attach one certified copy of their:

• current driver licence
• birth certificate or
• current passport page that shows their photograph and personal details.

A person who is authorised to witness a statutory declaration must certify this document.

Photograph (section 9)

The applicant must provide one passport-sized and passport quality photograph that was 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.

This photograph will be used on the applicant’s wallet card and certificate. It will also be available on the register.

Criminal record history/police certificates (section 10)

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

If an applicant must obtain a New Zealand Criminal Record History, they must print off and complete form Priv/F1 from the Ministry of Justice website. This form must be sent to the Criminal Records Unit, Ministry of Justice, National Office, SX 10161, Wellington, New Zealand.

The original New Zealand Criminal Record History must be provided to the Authority with Form 101.

If an applicant must obtain a criminal record history or police certificate from an overseas authority, they must contact the relevant authority in the particular country to find out the cost and the timeframe for delivery.

If the relevant overseas authority will only deliver the criminal record history or police certificate to the Authority, the applicant must email the Authority at info@iaa.govt.nz that they intend to apply for a licence and have sought a criminal record history or police certificate that will be sent to the Authority. The Authority will contact the applicant by return email when it has received the criminal record history or police certificate. The applicant should allow up to three months for the criminal record history or police certificate to be delivered to the Authority.

When requesting a criminal record history or police certificate, the applicant must supply all of the names they have listed in Personal Details (Section 1) of Form 101.

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  or in their own language and English.

This declaration needs to detail the applicant’s attempts to obtain a criminal record history or 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.

For applicants who ordinarily reside in New Zealand the initial application processing fee is NZ$909.78 and the immigration adviser’s levy is NZ$1129.55.

A person ordinarily resides in New Zealand if they have spent more than 183 days in New Zealand in the immediately preceding 12 months and is not unlawfully in New Zealand.

For applicants who do not ordinarily reside in New Zealand the initial application processing fee is NZ$791.11 and the immigration adviser’s levy is NZ$982.22.

The immigration adviser’s 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. An applicant can pay their fee and levy by bank draft in New Zealand dollars, EFTPOS, New Zealand issued cheque and Visa or Mastercard.

Statutory declaration (section 12)

Applicants must make a statutory declaration 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.

Form 101 B: Supplementary Documentation (Form 101 B)

An applicant whose full or limited immigration adviser licence expired or was surrendered within six months of lodging their licence application will be required to provide:

• information about how they meet the English language requirement
• information about continuing professional development activities the applicant has completed
• information about applications they tendered to INZ while they were licensed
• information about compliance with the Licensed Immigration Advisers Code of Conduct 2010
• a completed client file
• a completed client file summary including the client authorisation and declaration.

English language (section 1)

See the English Language Policy for more information.

Continuing professional development (section 2)

Applicants are required to provide information regarding the active learning and self directed learning activities they have participated in relevant to the provision of immigration advice during the 12 months prior to the expiry or surrender of their previous licence.

For further information see Continuing Professional Development in Part C: Professional Responsibilities Policy and Procedures Manual for Licensed Immigration Advisers.

Record keeping (section 3)

Applicants must indicate the type and numbers of applications or requests that they had returned / failed lodgement, withdrawn, declined or approved by Immigration New Zealand during the most recent 12 months that they held a full or limited New Zealand immigration adviser licence.

This information must come from the applicant’s own records. Please do not request an activity record from Immigration New Zealand. Approximate figures are acceptable.

For further information regarding File Management see Part D: Professional Practice Policy and Procedures Manual for Licensed Immigration Advisers.

Licensed Immigration Advisers Code of Conduct 2010 (section 4)

The applicant must provide a copy of their internal complaints procedure.

If the applicant previously (when licensed) managed fees through client funds and/or mixed funds, they must attach copies of:

• bank statements for their client account for the last three months that they held a licence, and
• the client account ledger relating to the bank statements provided.

Applicants may be asked during assessment to provide bank statements for their practice account and accompanying practice account ledger.

Applicants are also required to declare whether when they were licensed they provided the code of conduct to clients and if they displayed the code of conduct and their immigration adviser licence.

For further information regarding Internal Complaints Procedures, Client Funds and Client Account, Display of Licensed Immigration Advisers Code of Conduct and Display of Licence see Part D:  Professional Responsibilities Policy and Procedures Manual for Licensed Immigration Advisers.

Client file (section 5)

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. It should reflect an end-to-end process.

Applicants are required to submit a copy of one client file relating to an application tendered to Immigration New Zealand. This client file must have been started and finalised within the 12 months prior to the expiry or surrender of the applicant’s previous licence.

The client file can relate to any immigration matter and should reflect the applicant’s competence and their business processes and practices. The client cannot be related to the applicant.

Applicants who are reapplying for a limited licence must provide a client file that relates to an immigration matter that the applicant was initially licensed in.

The applicant should submit a client file where revenue was generated or fees charged. The entire client file should be in English. If there is any documentation or correspondence in another language, the applicant must provide translated copies. The client file should be a copy of the information and documentation the applicant has kept.

In a complete client file the Registrar expects to see:

• a client file summary sheet
• documented evidence of the assessment of client eligibility
• the written agreement with the client and any supporting information
• invoices for services
• all correspondence with the client, INZ and/or third parties. This includes all emails, letters and file notes
• the signed application form tendered to INZ and cover letter that accompanied the application; OR if the client file relates to a request for special directions, a refugee/protection claim or an appeal, a complete copy of the request lodged or claim or appeal filed
• exact copies of all supporting documentation provided in support of the immigration matter
• evidence of the decision
• evidence of the return of original documentation to the client.

The Authority is looking for evidence that the adviser met the competency standards and complied with the code of conduct when they were licensed. For more information see Part D: Professional Practice Policies and Procedures Manual for Licensed Immigration Advisers.

Client file summary (section 5)

The applicant must provide the following information:

• the full name of the client
• the date the client file was opened
• the date of the final outcome
• the type of immigration matter
• why they selected this file to best demonstrate their competency.

The applicant must authorise the client to discuss the work done with the Authority.

The applicant must submit the client authorisation and declaration with the client file. They must also submit the client’s contact details.

Assessment of licence applications

Once the Authority has received an application form it will be checked to see if it is complete.

The Authority will not lodge an application where an applicant has not used the correct form. The Authority will not lodge applications that do not contain all the required information.

Once the Authority lodges the application, it will acknowledge the application and provide a receipt for the fee.

The lodged application is then allocated to an assessor. The assessor undertakes a fitness assessment (see the Fitness Policy for more information) and assesses each application against the Immigration Adviser Competency Standards 2013. You can read the competency standards in full.

The assessor will contact the applicant if they require further information. The assessor will not begin to assess the application until they have all the relevant documentation and information.

Once the assessor has finished assessing the application, it will be passed on to the Registrar who will decide whether the application meets licensing requirements and if the applicant should be granted or refused a licence.

Grant of licence

The Registrar will approve an application if they are satisfied that the applicant:

• 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.

If the application is approved, the Authority will inform the applicant by letter and will request the immigration adviser’s levy from the applicant.

If the applicant is based onshore they will have 20 working days to pay the levy. If the applicant is based offshore they will have 30 working days to pay the levy. Only once the levy has been paid will a licence be granted. A licence pack containing a wallet card and licence certificate will be sent to the applicant once a licence is granted. The register will be updated with the applicant’s details.

All licences are valid for 12 months, from the date the Registrar grants it.

If a licence application is refused, the applicant will be informed by letter. The applicant has a right to appeal the refusal of a licence to the New Zealand District Court.