The immigration advice industry started in 1984.
During the 80’s, when Roger Douglas was briefly the Minister of Immigration, flexible rules produced a wave of migration from non-traditional source countries and the immigration advice industry flourished. By the time Bill Birch became the Minister of Immigration in 1991 he was expressing concern about the need to apply regulation; although reports were published, no action resulted.
As successive governments withdrew from the permissive regime of the mid '80s, demand for private advice and representation grew particularly from members of language and ethnic communities which were growing and vulnerable. As the advice industry grew both through lawyers and consultants, cases of exploitation and the abuse of migrant's rights increased as well.
In 2005 the Immigration Advisors Licensing Bill was introduced to Parliament. Two years were spent in consultation and select committee hearings before it was passed into law on 4/05/07, with an implementation date of 4/05/09.
The purpose of the Act is to protect consumers and enhance New Zealand’s reputation.
The Act defines immigration advice as follows:
“…using, or purporting to use , knowledge of or experience in immigration to advise, direct, assist, or represent another person in regard an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward;…”
Note that the advice can be direct or indirect, and does not have to be for reward. Here are some typical conversations by a business owner or HR consultant that would represent offences under the Act;
“The quickest way to start work is apply for a work permit; you can worry about residence later”.
“Use the job offer to apply for residence. When you are approved your wife and children will be approved too”.
“Come to NZ for a job interview. You are British, so you won't need a visa to come here.”
“My company has permission to recruit staff from overseas so you will get the work permit.”
For providing “advice” without being licensed: - 7 years in prison or a fine of $100,000. (It is a defence if you did not know you were providing immigration advice and had exercised all reasonable care and due diligence to ensure you did not do so. But do you really want to put yourself in the position your lawyer has to run that defence?)
The Immigration Advisers Authority, located in Auckland, is independent of but funded through the Department of Labour. It is charged with managing the licensing process, setting standards and codes of conduct, facilitating continuing professional development and enforcing sanctions against those giving advice without a license. An independent Complaints and Disciplinary Tribunal is located in the Department of Justice.
Pay $1,995. Be a person of good character. Obtain clearance from NZ Police (and overseas, if relevant). Demonstrate a high standard of English (Pass IELTS 7). Meet competency standards, including recent record of case management of 2 temporary and 2 residence applications lodged with Immigration New Zealand. Provide professional references from clients. Undertake interview with assessors.
Lawyers, Members of Parliament, Public Servants, Foreign Diplomats, Citizen Advice Bureau and Community Law Centre workers, persons giving student visa advice overseas, family members (provided there is no fee). The law will not apply to overseas advisers until 4/05/10.
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