Licensing of immigration advisers enforced by INZ

Since 4 May, 2009, any individual who provides immigration advice on a New Zealand visa application must hold a licence issued by the Immigration Advisers Authority (IAA), unless they are exempt from the requirement to hold a licence (this includes New Zealand lawyers who are already professionally regulated by the New Zealand Government).

Immigration New Zealand (INZ) will not accept immigration applications from individuals in New Zealand who represent migrants unless they are licensed or are exempt from the licensing regime.

As of 3 May, 2010, the same rules have also applied to individuals outside of New Zealand who represent migrants.

What if my immigration consultant is not licensed?

If applications are currently processing with INZ and the adviser in question is not licensed (for example, an application submitted by an unlicensed immigration adviser prior to 4 May 2009/10), INZ will provide mere correspondence to that adviser regarding the application, and submissions based on advice received by the applicant after the relevant date will not be accepted by INZ.

Further, and most importantly, migrants who have retained the services of an unlicensed immigration adviser will now find themselves in a position where they may have paid a fee to that adviser only to find out that the individual can no longer represent them and file their application to INZ. It is, therefore, advisable that you always seek advice from a suitably licensed immigration adviser or New Zealand immigration lawyer.

In relation to the implementation of the licensing, and the sufficient time that has been provided for advisers both in and outside of New Zealand to become licensed, it is advised that migrants confirm the licence of any consultant before payment.

Are the services of licensed advisers guaranteed?

It is important to note that the licensing regime does not guarantee the provision of a professional service from a licensed immigration adviser. Like the registration process in Australia, the most important part of the regulation process will be over the next five to 10 years, as immigration advisers who have obtained licences who do not provide professional services will have their licences cancelled or not renewed for breaches of the Licensing Regulations (most often professional incompetency).

Migrants, therefore, should still complete a due diligence exercise in terms of determining whether or not an individual is professionally qualified and experienced to assist them in their immigration matter, even if that individual is licensed with the IAA.

The regulation of the immigration advice industry for New Zealand is a welcome step in the right direction to ensure that individuals who are providing immigration advice to migrants are competent. For added security, there is now an official body with which to lodge complaints against licensed advisers who have failed to provide adequate/competent service and/or have charged exorbitant fees for their services.

Visa eligibility and approval depends on the applicant's individual circumstances. To find out if you're eligible for a New Zealand visa, take Working In's free online eligibilityassessment.