Immigration Advisers Licensing Act – FAQ for Applicants

When did this came into force?
The Act came into force on 4 May 2009.  After 4 May 2009, all onshore immigration advisers must be licensed.  Offshore immigration advisers must be licensed by 4 May 2010. 

What will happen to applications lodged by unlicensed agents after 4 May 2009?
The application will be returned, and accompanied by the "Unlicensed Immigration Adviser RFL Letter".

What will happen to applications lodged by unlicensed agents before 4 May 2009?
The applications will be processed.  However, if there are any additional information requests and or interviews required, the unlicensed adviser can no longer provide any immigration advice, although he or she may still remain as the contact person if the applicant consents. 

What about expression of interests?
For the purpose of the Act, the expression of interest ("EOI") and the residence application (which follows after an EOI is selected and an invitation to apply is made) are two separate applications.  While an EOI submitted before 4 May 2009 by an unlicensed adviser will continue to be processed, once it is selected and an invitation to apply is made to the applicant, the same adviser, unless licensed, can no longer provide any immigration advice. 

What can you do if you have an application lodged with INZ, but the adviser who lodged that application failed to get a license?
You can opt for a licensed adviser, exempted person, or represent yourself.  In all cases, all you need to do is contact INZ. 

What is immigration advice?
According to Immigration New Zealand's guidelines from their website, the definition of immigration advice is as follows:

Immigration advice is:

• using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward.

Immigration advice is not:

• providing information that is publicly available or that is prepared or made available by the Department of Labour; or

• directing a person to the Minister or the Department of Labour or an immigration officer, a visa officer, a refugee status officer, or a list of licensed immigration advisers; or

• carrying out clerical work, translation or interpreting services, or settlement services.  Clerical work means the provision of services in relation to an immigration matter, or to matters concerning sponsors, employers, and education providers, in which the main tasks involve all or any combination of the following:

• The recording, organising, storing, or retrieving of information;
• Computing or data entry;
• Recording information on any application, request, or claim on behalf and under the direction of another person.

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Ian McCombe
Partner
t: +64 9 979 2159
e: Ian McCombe

Last updated: 16 June 2009