May 2025 Webinar Summary
Our first webinar for the year highlighted that written agreements are more than a regulatory requirement; they’re a professional tool that helps you manage risk, clarify expectations, and deliver a high standard of service.
As a licensed immigration adviser, you are responsible for making sure that written agreements are in place before starting the work. This includes clearly explaining all significant matters verbally and directly to the client. These responsibilities have featured in several recent Tribunal decisions.
During the webinar, we highlighted how important it is to tailor written agreements to each client’s situation. We also stressed the need to clearly explain any extra costs and payment terms, including whether payments are made in advance or invoiced later.
A well-structured written agreement must answer key client questions ; for example, what services will be provided, what they will cost, when payments are due, and what happens if circumstances change?
We also shared some initial observations from the Proactive Compliance Inspection Programme. This included the need to maintain direct engagement with the client(s), to manage potential conflicts of interest and confidentiality requirements. This applies in all cases, but especially when dealing with multiple parties, such as an employer and employee.
Now is a good time to review your written agreement templates and client engagement processes to make sure they are fit for purpose.
Watch the webinar here:
Key questions from the webinar
The Immigration Advisers Authority (IAA) received several questions during and following the webinar. The responses to some key questions are below.
When taking funds in advance, how do you request payment without an invoice?
Clause 19(i) of the Code says that the terms and conditions of payments, including payment milestones, must be specified in the written agreement.
You can find out more about taking funds in advance in the Code of Conduct Toolkit.
As well as making the payment terms clear, you may also remind clients about advance payment in other ways, such as by sending an email.
For licensed immigration advisers who are also education consultants, when would be the right time to put an agreement in place? At the start, even if the client may not apply for a visa, or only once they have an offer and begin the immigration process?
The Code of Conduct sets different expectations for initial consultations and formal written agreements:
August 2022 Newsletter: Are ancillary services considered immigration advice?
If a New Zealand employer hires me to do a Job Check and AEWV application and pays all the fees, does the visa applicant also need to sign the same agreement?
Clause 2(e) of the Code says that advisers must follow the lawful, informed instructions of the client. Clause 18(a) says you must provide a written agreement when the client decides to go ahead.
You may choose to have separate agreements for the employer and the visa applicant.
We recommend seeking independent legal advice on how to structure these agreements.
More information in the client care section.
Are LIAs allowed to have a standard written agreement that refers to an attached schedule of fees, and has a tailored schedule attached?
We encourage you to review our guidance and checklist:
Written Agreement - Guidance and checklist for licensed advisers [PDF, 184 KB]
You may wish to view the Tribunal decision INZ (Gilray) v. Singh [2019] NZIACDT 53.
Can we include estimated visa timelines and a breakdown of charges by stage in the agreement?
Yes, you may include estimated timelines. The estimates may, where appropriate, be dependent on the actions of clients or third parties.
Where there is more than one stage of work, your written agreements should [clauses 19(f) and (I)] include a breakdown of charges based on each stage of the process.
More information:
Can the IAA provide a clear list of ‘significant matters’ that must be explained to clients under clause 18(b)?
The IAA does not provide a list of significant matters as these will vary depending on the style and content of an individual written agreement. During our recent webinar, we addressed some points to consider around this requirement.
Some clients assume that contracts are standard and may not read all the clauses. Is it enough to send the contract, ask them to read it, and invite questions assuming that if they sign it, they understand it?
No, that approach is unlikely to meet Code requirements.
Advisers must verbally explain both the summary of professional responsibilities (clause 17(b)) and all significant matters in the agreement (clause 18(b)).
Refer to Tribunal decision ZR v. Kim [2024] NZIACDT 06, especially paragraphs 47 to 50.
What if the client doesn’t speak the adviser’s language? Can we use translated emails instead of interpreters?
Clause 2(c) of the Code expects advisers to arrange interpreters or translators when needed.
While translated emails may help, you still need a spoken explanation to make sure the client understands the agreement.
More information:
I help offshore workers apply for visas through a labour hire company. I’m paid a fixed fee by the company per visa approval, but the client pays the company directly, and I don’t know the amount. How can I structure my agreement with the client to meet the Code of Conduct’s fee disclosure and payment requirements?
Advisers have individual obligations under the Code that cannot be passed on to someone else.
Clause 20(a) says that advisers must charge fees that are fair and reasonable, even if the payment is handled by a third party.
If you're unsure how to structure your agreement to meet these requirements, we recommend seeking independent legal advice.
If I charge for an initial consultation, how should the funds be handled? Do they need to go into a client account even if the meeting has already happened?
You only need a separate client fund account if you take funds in advance.
If you never receive payment before providing a service, you do not need a client account. In that case, funds can be deposited directly into your practice account, and a receipt should be issued.
More information:
Does any potential Conflict of Interest need to be included in the written agreement already before signing?
Yes. Clause 5 of the Code says advisers must disclose any actual or potential conflict of interest in writing.
If your situation changes, you must:
- Inform the client
- Update the written agreement
- Get written confirmation from all parties that they accept the change.
More information:
For a returning client, do I still need to explain my licence status, even if we’ve been in regular contact?
Yes. Clause 14 of the Code says advisers must provide evidence that they are licensed.
Licence status can change. It may expire, be upgraded, or be cancelled. If your licence has been renewed since your last engagement, the client may not be aware of your current status.
Guidance on acceptable ways of providing evidence of being licensed is available in the Code of Conduct Toolkit:
How do we include a currency conversion charge when the client is not paying in New Zealand Dollars?
Your written agreement should clearly explain:
- Whether the conversion fee is a flat rate or a percentage
- Whether it’s charged by you or passed on as a disbursement.
You must include all payment terms in the agreement, and all fees must be fair and reasonable.
More information:
In some cultures, parents handle visa matters even when the applicant is an adult. If the parents insist on managing communication, is passive consent from the applicant enough?
Clause 2(b) says advisers must respect the client’s cultural norms and values.
Clause 2(e) says advisers must get clear, lawful instructions from their client and follow them.
Tribunal decisions have stressed how important it is to speak directly with the client. For example, in ZZ v. Wen [2025] NZIACDT 9, the Tribunal noted that the adviser failed by leaving the complainant uninformed.
Guidance on the scope of these requirements, including identifying the client, is available in the Code of Conduct Toolkit: