11/09/09 - IAA Response to The Press

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Published 11 September 2009

The Immigration Advisers Authority was established in 2008 to regulate the immigration adviser industry.  In a recent news report in this paper (‘Migrant advice prompts anger’ The Press, 9 September 2009), one commentator has suggested that the standards for getting an immigration adviser licence were set low to prevent a black market industry.

This assertion is plainly wrong.  Applicants are asked to complete a rigorous, evidence-based assessment process before I, as Registrar of Immigration Advisers, am satisfied that they meet the standard required of a licensed adviser.  The assessment is based around seven core competencies which reflect the professional standard we expect of them.
Competency one looks at relevant qualifications.  Over 70% (not 16% as quoted in the article) of all licensed advisers have some form of tertiary qualification.  This is encouraging, as the industry is moving from a deregulated environment.  However, having a tertiary qualification does not of itself bear any relevance to the work advisers do.

Developing an entrance qualification is an important goal for the Authority, as it will allow new entrants to the industry.  At present, once new entrants demonstrate a basic understanding of immigration rules and procedures through case studies, they are granted a provisional licence and must work under the direct supervision of a fully licensed adviser.  A qualification for advisers will, at some point in the future, be essential evidence for new entrants to the profession.

Applicants are also asked to demonstrate their knowledge of both the immigration advisers licensing scheme and their knowledge of New Zealand immigration law and policy (competencies two and three).  This is vital in ensuring advisers understand the structure they are working in.  It also gives migrants confidence that the information they receive is up to date and accurate.

Competency four examines the ways in which applicants prepare, lodge and administer immigration applications, appeals, requests and claims.  Again, I must be satisfied that applicants are able to develop and maintain professional relationships across organisations while also providing appropriate service to clients.

I understand the Christchurch Zhonghua Chinese Society president, Longyin Li has raised objections regarding competency five, the English language standard.  I accept an IELTS overall academic score of 7 to achieve the English competency standard.  I also accept evidence of attendance at primary or secondary schooling conducted in English. I will then decide whether an IELTS test is still required having reviewed all the assessment material and conducted a telephone interview.  I may also consider an applicant’s individual circumstances.

Put simply, advisers are expected to communicate in writing and in person with Immigration New Zealand officials and tribunals, and this can only reasonably be achieved if the adviser has a high standard of English.

Equally, we expect all advisers to conduct their business professionally, ethically and responsibly (competency six) and we ask them for specific examples of their work practices to date as evidence of this.

Another area of inquiry for the Authority is to consider the applicant’s commitment to their continuing professional development (competency seven).  We currently encourage all licensed advisers to engage in a minimum of 20 hours CPD during each year of licensing.

While the Authority has received complaints about people giving immigration advice which may be misleading or inaccurate, the vast majority of issues to date involve unlicensed advisers.  This is not surprising to the Authority, as our licensing procedure is of sufficient rigour to make it difficult for poor practitioners to join the licensed adviser community.

The Authority is aware that some advisers are continuing to provide immigration advice without the benefit of a licence.  This is of concern to us, but we have tried to take an educative approach with many of the unlicensed advisers we come across.  Immigration New Zealand will not accept applications lodged by unlicensed advisers, so ignorance of the law is not an issue.

It is my belief that as adviser licensing requirements become more widely known and understood within the migrant community, opportunities for unlicensed advisers to continue to practise will be severely curtailed.

The Authority recently conducted a survey of visa and permit applicants who have used an immigration adviser. The aim of the research was to provide benchmark measures of the performance of immigration advisers from the perspective of their clients over time.

In total, 72% of respondents who consulted a licensed adviser were satisfied with the service, compared to only 57% who consulted an unlicensed adviser.

Mandatory licensing has been in place in New Zealand since 4 May 2009 and will be introduced to offshore advisers on 4 May 2010.  To help offshore advisers through the application process, we have produced a web-based step-by-step guide.

We expect the good advisers to welcome the opportunity to show that they meet New Zealand Government standards.  Poor performers should look for business opportunities in fields other than the immigration adviser industry.

Source Barry Smedts
Registrar of Immigration Advisers

03/08/09 - Forms and guides updated in July

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Monday, August 03, 2009

As part of INZ's July Release of updates to Operational Policy and systems, INZ has changed several of their forms and guides, and introduced some new publications.

31/07/09 - Fees changes for applications lodged outside New Zealand

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Friday, July 31, 2009

The fees that Immigration New Zealand charges for immigration services will change on 17 August 2009. The changes will only affect payments made outside New Zealand, not payments made in New Zealand dollars.

29/07/09 - Revision of the Australian and New Zealand Standard Classification of Occupations (ANZSCO)

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Wednesday, July 29, 2009

The Australian Bureau of Statistics and Statistics New Zealand has recently completed a revision of the ANZSCO First Edition.

27/07/09 - New medical forms available now

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Wednesday, July 29, 2009

On 27 July INZ released new redesigned medical certificates (Medical and Chest X-Ray Certificate (INZ 1007) and Temporary Entry Chest X-ray Certificate (INZ 1096))

28/07/09 - New Migrant Investment Policy

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Tuesday, July 28, 2009

The Minister of Immigration and the Minister of Economic Development have jointly announced that a new Investor Policy – the Migrant Investment Policy is effective as of 27 July 2009. This replaces the existing Active Investment Migrant Policy.

23/07/09 - Client Complaint Resolution Process

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Thursday, July 23, 2009

INZ has put in place an updated process for Immigration New Zealand clients or representatives with a complaint about a matter handled by Immigration New Zealand.

17/07/09 - Skilled Migrant Category: additional selection criteria maintained

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Friday, July 17, 2009

The additional criteria for selecting Expressions of Interest (EOI) from the Skilled Migrant Category Pool (the Pool) until 31 January 2010 have been set. The criteria will remain the same as in the previous six month period.

03/07/09 - Upcoming changes to policy

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Friday, July 03, 2009

A number of policy changes become effective on 27 July 2009.

02/07/09 - New Zealand Residence Programme 2009/10

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Thursday, July 02, 2009

The New Zealand Residence Programme (NZRP) contains permanent residence goals set by Government to meet New Zealand’s ongoing skills requirements and humanitarian commitments. The number of places available to migrants for each year ending 30 June under the NZRP is reviewed by Cabinet each year.