December 2024 Newsletter
Message from the Registrar
Welcome to the final Immigration Advisers Authority newsletter for 2024.
I want to acknowledge the work of the team that supports the Immigration Advisers Authority (IAA). This has been another busy year.
The statutory shut-down period, per section 5 of the Immigration Advisers Licensing Act 2007, is from 24 December 2024 to 15 January 2025. If you apply during this time, we will treat it as being received on 16 January 2025. This does not affect online fast track renewal applications.
In January 2025 we are upgrading the IAA online portal and the Register of Immigration Advisers. To allow for the upgrade to take place the current online portal will be unavailable for a few days at the end of January so it’s important that you complete your renewal or upgrade promptly. Read more about this change below.
We hope you enjoy this edition of the newsletter.
Keep our standards high.
Duncan Connor
Registrar of Immigration Advisers
Upgrade to Immigration Advisers Authority register coming soon
An upgrade is coming 3 February 2025 to the Immigration Advisers Authority (IAA) online portal.
This upgrade is required to update our system technology and improve security. You will be able to access the new portal through the Immigration Advisers Authority website.
To set up for the new portal launch, the current online portal and register will be unavailable from 5pm Friday 31 January, until the new portal is launched Monday 3rd February.
Your registration details will automatically transfer onto the new portal. You will need to use your RealMe® account to log in and connect your account to your registration details.
In preparation for the new portal, we recommend that you check that your licence details are up to date, including your email address.
During the month of January there will be processing delays. We encourage you to get your applications through in December to ensure your application is processed promptly. Please note that the renewal round for January is now open and the renewal round for February will be open from 16 December.
Note: your licence will remain valid so long as you made your application on or before the day of expiry.
We will contact you closer to the time with more information on the new portal and any further action you may need to take.
Webinar Questions
We would like to thank those who attended our second webinar for the year in October. The topic of our second webinar was focused on recent and relevant tribunal decisions that relate to different aspects of providing immigration services to your clients from an Investigations perspective. We received a lot of valuable feedback which indicated that this session was both relevant and informative for participants.
We received approximately 60 questions around the topics covered in the webinar. In the interests of readability, we have themed similar questions together.
As explained in the Webinar, the Immigration Advisers Authority (the Authority) considers previous Immigration Advisers Complaints and Disciplinary Tribunal (Tribunal) decisions when determining how a complaint should be handled. The Tribunal is not bound by precedent of its previous decisions and considers complaints independently of the Authority.
What is immigration advice?
Can unlicensed staff help with sending documents – for example, the written agreement?
Unlicensed staff members can help with clerical work and non-immigration related work. This includes sending a written agreement to a client. However, a Licensed Immigration Adviser must still explain the significant matters in a written agreement to the client personally.
How do I manage giving Recruitment and Immigration Advice? Can unlicensed staff help with recruitment and employment related work?
If the recruitment and employment support is carried out for the purpose of progressing an immigration matter, it may all be regarded as immigration advice. An example of this is if a job is needed to enable the client to get their work visa.
If the work done initially is linked to getting a visa, then it may be so close that it is seen as an overall immigration package. If it is a package, and all for the purpose of a visa, it may be considered as work covered by professional responsibilities.
Unlicensed staff can still help with things that aren’t immigration advice. This includes helping with recruitment and employment work. However, if these services are bundled together as a package with immigration advice services, then you will need to meet all your obligations under the Code.
If the intention is to provide separate services, these services should be clearly separated to the client. If the services are separated, then the Tribunal has previously found that an Adviser’s obligations under the Code may not apply. For example, only recruitment services are provided, by a separate legal entity, with separate employees working on the recruitment work, and a clear separate agreement for recruitment services.
Is Citizenship advice still immigration advice?
Section 7 of the Immigration Advisers Licensing Act defines what immigration advice is. It is defined as using knowledge of or experience in immigration to advise, direct, assist, or represent another person regarding an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward. You can read the full definition here:
Immigration Advisers Licensing Act 2007 - What constitutes immigration advice(external link) - New Zealand Legislation
Client engagement
How do Code obligations apply to preexisting clients?
Advisers need to consider whether they are handling a new immigration matter or a different visa for the client when determining whether they need to go over certain aspects in the Code again. If new services are being provided, and therefore a new written agreement, obligations should be covered again and any new significant matters should be explained to the client.
Why do I need to explain the significant matters in the written agreement and my professional responsibilities verbally? How do I record that this has occurred? Can I record a video of me explaining the significant matters and send it to the client?
The Tribunal has published their view on this matter in recent decisions. The Tribunal is the correct authority to determine the application of the Code. While considering how to provide a verbal explanation to clients, the Authority notes that the Tribunal has stated that the importance of a verbal explanation is to enable the client to ask questions.
The Code also requires an Adviser to “confirm in writing with the client as a material matter”. The Authority believes it would be appropriate to confirm in writing to the client that the significant matters were discussed and the details of those matters.
Is a separate explanation of significant matters in the agreement required for each client?
Clients are entitled to confidentiality, and as such, having a group call with multiple clients may interfere with the client’s confidentiality on their matter.
What are significant matters?
The significant matters of a particular immigration matter for a client will vary depending on the facts of the matter. Some significant matters may include, but would not be limited to, what the service given will be, the fees, the extent of the service, and any concerns about the application.
If I haven’t met some of my obligations at the time, can I go back to my client and do it now?
Advisers will not always get things right 100% of the time. The Authority is supportive of Advisers making their best attempt to rectify any departures from the Code or the Act at the earliest stage possible.
Conflict of interest
How do I handle specific conflict of interest situations?
The Authority received several questions around whether specific situations would be a conflict of interest. A conflict of interest arises when an adviser's own interests, or the interests of another client of the adviser, may influence the adviser's judgement or actions towards a client. A conflict may arise between the adviser and the client or between the client and another client of the adviser. A conflict-of-interest declaration should be enough to inform the client that you may be conflicted and may have an interest in the matter. You must then seek and obtain the clients written consent before you may continue to act for the client. Remember that clause 7 states that an Adviser must not continue to act for a client if the conflict means they are unable to provide objective advice or maintain client confidentiality.
If you find yourself in a situation where you are unsure of your obligations around a potential or actual conflict of interest, the Authority recommends you consider seeking legal advice.
Proactive Compliance Inspection Programme
The Authority is trialling a proactive inspection model using its powers under the Act to carry out site inspections with Advisers at their premises.
The Authority is engaging with several Licensed Immigration Advisers in areas which may relate to Competency Standards and/or the Code of Conduct where information received suggests to the Authority that Advisers working in a certain area, or processing a certain visa type, may benefit from engagement with the Authority on how to meet their obligations in those areas.
The Authority looks forward to this proactive engagement with Licensed Immigration Advisers to work together to ensure we all promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migrant destination. Where there are concerns identified, the Authority intends to work with Advisers to achieve voluntary compliance where possible.
We envision that these engagements will benefit the industry and provide a great opportunity for the Authority and Advisers to engage directly outside of our current processes.
Statutes Amendment Bill update
The Statutes Amendment Bill (the Bill) includes two clarifying amendments to the Immigration Advisers Licensing Act 2007 (the Act). These are set out in Part 19 of the Bill.
The intention of the amendments is to clarify existing section 17(c) (other matters relevant to fitness for licensing) and section 18 (application for a licence). These changes will clarify for anyone applying for a licence that they must include any former names or aliases they have used in their application, and to indicate if they are associated with a person who has been refused a licence or is subject to disciplinary proceedings, rather than would be refused a licence.
Read the Bill in full here:
Statutes Amendment Bill(external link) - New Zealand Legislation
Tribunal decisions
The Immigration Advisers Complaints and Disciplinary Tribunal has recently released 1 sanction decision for the following upheld complaint:
FM v Yang [2024] NZIACDT 23
The Tribunal found that Mr Yang breached clauses 1, 2(e), 17(a) and (b), 18(b), 22, 23, 26(b) and (c) of the Code of Conduct for:
- Failing to be honest, professional and diligent in his dealings with the Complainant, appearing instead to delegate his responsibilities to the agent, in breach of clause 1.
- Failing to obtain the Complainant’s lawful instructions before proceeding with the Complainant’s work visa application, in breach of clause 2(e).
- Failing to provide evidence that the professional standards had been provided and explained to the Complainant, prior to engaging his services, in breach of clauses 17(a) and (b).
- Failing to explain all significant matters in the written agreement to the Complainant, in breach of clause 18(b).
- Failing to provide an invoice to the Complainant, in breach of clause 22.
- Failing to provide a receipt to the Complainant, in breach of clause 23.
- Failing to confirm in writing to the Complainant when his work visa application had been lodged and to make on-going timely updates, in breach of clause 26(b).
- Failing to confirm in writing to the Complainant the details of all material discussions, in breach of clause 26(c).
Mr Yang was censured and ordered to pay $3,000 to the Registrar within one month of the decision.
New decisions are appearing regularly and I encourage you to save the following link as a bookmark.
Read recent tribunal decisions on the Justice website:
Immigration Advisers Complaints and Disciplinary decisions(external link) - Ministry of Justice
Unlicensed immigration adviser sentenced to jail
On 9 October 2024 Auckland District Court sentenced Romney Lavea to 2 years and 9 months in prison. The court also ordered Mr Lavea to pay 3 of his victims a total of $1,600 in reparation by the. Mr Lavea is a repeat offender who provided immigration advice while unlicensed and, in some cases, received some payment from his clients.
Earlier this year, a jury found Mr Lavea guilty of 6 counts of giving immigration advice without a licence or being exempt, and 4 counts of receiving a fee or reward under the Immigration Advisers Licensing Act 2007 (the Act).
Mr Lavea, who has a couple of aliases, continued to provide advice despite being warned not to by the Immigration Advisers Authority (IAA) in July 2011, and even after charges were filed in May 2022. Mr Lavea was previously sentenced in 2008 to 2 years in prison for immigration related offending.
7 of his victims gave evidence at his trial.
“This is a classic example, where Mr Lavea exploited vulnerable immigrants within the Samoan community, especially people from his own Pacifica community,” says Jyoti Issar, Manager Investigations, Occupational Regulation in the Ministry of Business, Innovation & Employment.
Mr Lavea had advised one of his victims to get married to regularise her partner’s immigration status. The husband of this victim left her once the visa was granted soon after the marriage.
Mr Lavea advised another victim, who was unlawfully residing in New Zealand, to remain in New Zealand contrary to the advice provided by Immigration New Zealand.
He also endorsed the idea of one of the applicants adopting out his children here in New Zealand to increase their chances of getting a visa.
The offending continued for a period of over 10 years.
“Mr Lavea benefitted financially by exploiting vulnerable migrants, mishandled their applications, provided wrong advice at times and created false email accounts to conceal his identity and involvement,” Ms Issar says.
“While Mr Lavea was completely aware that he was required to be licensed to provide immigration advice, he took no steps to comply with the Act by applying for a licence.”
The IAA focuses on protecting migrants, who may come to harm because of the actions of unlicensed individuals providing immigration advice and hold people to account if they breach the Act.
“This sentence sends a message to people that this type of wilful and deliberate offending is not only unacceptable, but unlawful and will not be tolerated. In cases like these, we will not hesitate to press criminal charges.”
Accredited Employer Work Visa (AEWV) update from INZ
Since the end of September, a taskforce has been working at pace to improve the AEWV processing timeframes while maintaining appropriate risk settings and quality of decision making.
Since the taskforce was set up, we’ve been making good progress and have seen a reduction of the number of applications in progress.
The number of work visas in progress has decreased by 42% and is now the lowest since September 2022. The number of accreditation applications in progress has decreased by 29% and the number of job check applications has decreased by 17%.
We’re also seeing more decisions being made per Immigration Officer.
The taskforce complements all the excellent mahi already happening and is looking to make sure we’re doing everything we can to be as efficient as possible in our approach to the AEWV.
You can find the current allocation priorities on our website. These are updated weekly.
Allocation priorities for Accredited Employer Work Visa (AEWV)(external link) - Immigration New Zealand
Where we can identify applications that are complete and include all the required information, these will be prioritised.
The number of incomplete applications remain high and continue to be a significant factor severely impacting on current processing times. All the required information must be submitted with applications to help prevent further delays.
There is no change in our approach to managing risk. If you see risk, you are encouraged to act on it.
Recently released Visa Pak 604:
Visa Pak 604 - Advertising in Job Check applications – qualifications and work experience(external link) - Immigration New Zealand
Visa Pak 604 - Response date extensions for Potentially Prejudicial Information Letters and Requests for Information related to Accredited Employer processing(external link) - Immigration New Zealand
Toi Ohoimai update: Reminder about timelines for graduating students
Information for GDNZIA students intending to upgrade to a full licence.
Toi Ohomai Institute of Technology has strict resulting procedures at the end of each semester. For students who are currently provisionally licensed and who are expecting to complete their Graduate Diploma in New Zealand Immigration Advice (GDNZIA) studies this year, if you are intending to apply to upgrade to a full licence it is important you understand the likely timeframes involved in the resulting process.
After GDNZIA exams are completed, graduates must be confirmed at an Academic Committee meeting. This will likely happen in mid-late December. Following this, qualifications and transcripts will be printed and posted to graduates. While we will endeavour to do this as quickly as possible, with the Christmas holiday period, graduates may not receive their documents until mid-late January 2025.
The IAA requires applicants applying to upgrade from a provisional licence to a full licence to provide evidence of completing an approved qualification or approved refresher course. Acceptable evidence of completing an approved qualification or approved refresher course is a certified copy of the certificate and transcript. The IAA Licensing Toolkit sets out the requirements for upgrades:
Students will need to wait until they receive their qualification and transcript in the post before they apply to upgrade their licence.
GDNZIA industry placements
If you have an employee that you would like to become licensed, they will need to complete the Graduate Diploma in NZ Immigration Advice (GDNZIA). Each semester, Toi Ohomai reserves 25 places on the GDNZIA for people currently working in the industry. Places for semester 1 2025 are filling fast.
If you would like to reserve a place for a staff member for semester one 2025 commencing on 17 February 2025, please email Appley Boyd with their details as soon as possible:
Email appley.boyd@toiohomai.ac.nz
Please note, the Academic and English language entry criteria for the programme still need to be met. Review the entry criteria and apply on the Toi Ohomai website.
Graduate Diploma in New Zealand Immigration Advice(external link) - Toi-Ohomai