Cancelled, suspended, voluntarily surrendered and expired licences
This policy sets out the requirements regarding cancelled, suspended, voluntarily surrendered and expired licences.
Section 27(1) of the Immigration Advisers Licensing Act 2007 (the Act) requires the Registrar of Immigration Advisers (the Registrar) to cancel the licence of an immigration adviser if he or she is satisfied that the person:
- is a lawyer
- is a category 2 exemptee
- is an undischarged bankrupt
- is prohibited or disqualified under sections 382, 383 or 385 of the Companies Act 1993 from managing a company
- has been convicted of an offence under the Immigration Act
- has been removed or deported from New Zealand under the Immigration Act
- is unlawfully in New Zealand
- is either currently holding the office or, within the last 12 months held the office of, either the Minister or Associate Minister of Immigration in the New Zealand government
- is either currently employed as, or was employed within the last 12 months as, an immigration officer, visa officer, or refugee status officer or refugee and protection officer as defined in the Immigration Act
- has made a false or fraudulent representation or declaration, either orally or in writing, during the application process under which they were granted a licence
- has provided an application fee for either an initial licence or a renewal, that has been dishonoured
- has provided a payment for the immigration adviser’s levy that has been dishonoured
- has died.
Section 27(2) of the Act also provides that a licence can be cancelled if the Immigration Advisers Complaints and Disciplinary Tribunal (the Tribunal) determines that this sanction will be imposed in accordance with section 51(1)(d) of the Act.
Section 30 of the Act sets out the date the cancellation of a licence takes effect:
- A licence cancelled other than under section 51 takes effect on the date specified by the Registrar.
- A licence cancelled under section 51 takes effect on the date notified in the decision of the Tribunal.
Section 32 of the Act also requires the Registrar to record the cancellation of a licence on the register of licensed immigration advisers.
Section 29 of the Act provides that a licence can be suspended if the Immigration Advisers Complaints and Disciplinary Tribunal (the Tribunal) determines one or both of the following:
- That this sanction will be imposed in accordance with section 51(1)(c) of the Act.
- That it is necessary or desirable to suspend the licence under section 53, having regard to the interests of the public, pending the outcome of a complaint. Section 29(2) of the Act specifies that a person whose licence has been suspended may not apply for a further licence during the period or duration of the suspension.
Section 30 of the Act sets out that the date of the suspension of a licence takes effect on the date notified in the decision of the Tribunal.
Section 32 of the Act also requires the Registrar to record the suspension of a licence on the register of licensed immigration advisers.
Voluntary surrender of a licence
Section 31 of the Act confirms that a licensed immigration adviser may, at any time, choose to surrender their licence to the Registrar by giving notice of this in writing.
Advisers who wish to surrender their licence must ensure they are clear in the way they word the notification of the surrender to avoid any ambiguity. The Authority cannot reverse the surrender of a licence if the adviser changes their mind.
A surrender takers effect on the date given in the notice, or if no date is given, on the day the notice is received by the Registrar.
When a licence is voluntarily surrendered, the Registrar may, as he or she thinks fit, refund all or part of the levy paid by an immigration adviser in respect of the licence.
Section 32 of the Act also requires the Registrar to record the surrender of a licence on the register of licensed immigration advisers.
Expiry of licence
Section 33 of the Act requires the Registrar to record the expiry of a licence on the register of licensed immigration advisers, as soon as practicable after the date that the licence expires, if no application for the renewal of a licence is made on or before that date.