What is direct supervision?
Section 19(5) of the Immigration Advisers Licensing Act 2007 (the Act) requires that a person who holds a provisional licence must work under the direct supervision of an immigration adviser who holds a full licence.
Direct supervision should include the supervisor monitoring formal documentation and correspondence from the provisional licence holder to clients, Immigration New Zealand and tribunals as well as other key documents such as eligibility assessments.
The supervisor and the provisional licence holder must meet regularly. These meetings should:
- discuss client cases and immigration law and policy
- ensure the provisional licence holder is working within the scope of their knowledge and skills
- ensure that documentation is being monitored by the supervisor
- identify the provisional licence holder’s learning needs
- develop and monitor the professional licence holder’s professional development plan.
When a supervisor enters into a supervision agreement with a provisional licence holder, they should monitor all key and formal documentation and correspondence prior to it being sent. The supervisor should ensure the provisional licence holder makes any necessary changes.
When the supervisor is confident that the provisional licence holder is competent in particular tasks, they may monitor those tasks after they have been sent.
Ideally, over the two-year period the provisional licence holder would become more independent but still have key and formal documentation and correspondence monitored.
If issues arise during monitoring, the supervisor should go back to reviewing documentation prior to it being sent.
The purpose of supervision is to give a provisional licence holder’s clients access to the same standard of full, accurate, competent and ethical advice that would be received by a full licence holder’s clients.
Direct supervision must continue when the primary supervisor is away or unavailable so it is recommended that the supervision agreement includes provision for an alternative full licence holder to act in the supervision role in the absence of the primary supervisor.
The provisional licence holder and the supervisor must also develop and agree on a professional development plan for the provisional licence holder.