Choosing an immigration adviser for New Zealand

Immigration advice for a New Zealand visa application must come from a licensed immigration adviser (LIA), or from a person who is exempt from licensing, such as a New Zealand lawyer, a diplomat, or an education agent based outside New Zealand who is restricted to student visa advice. Anyone can help you fill in the application form using details you provide, but tailored advice on which visa to apply for, what documents to submit, or how to answer follow-up questions from Immigration New Zealand (INZ) must come from someone approved by INZ or exempt. Before you engage anyone, check the Immigration Advisers Authority (IAA) register to confirm the person holds a current licence of the right type. If an adviser named in an application is not on the register and is not exempt, INZ will refuse to accept or will decline the application, and will contact the IAA, because providing immigration advice without a licence or exemption is an offence.

Who is allowed to give immigration advice

Immigration New Zealand distinguishes between help with filling in a form and immigration advice. Anyone can help you complete the visa application form using information you provide. That is not classified as advice.

Advice is any information or assistance tailored to your individual needs and situation. It includes:

• what type of visa you should apply for
• what supporting documents you might need
• how you should answer a question in the form
• how you should answer any follow-up questions from INZ
• what type of visa you may be eligible for at a later date.

Advice on these matters must come from a licensed immigration adviser, or from a person who is exempt from licensing. The Immigration Advisers Authority (IAA) is responsible for licensing immigration advisers and regulating the advice they give.

Who does not need a licence

Some people are exempt from the licensing requirement because of their job or responsibility.

Outside New Zealand, the following people can give immigration advice without a licence:

• education agents who are permitted to give immigration advice about student visas only
• employees of the New Zealand Government who provide immigration advice as part of their job
• foreign diplomats and consular staff.

In New Zealand, the following people can give immigration advice without a licence:

• lawyers with a current certificate to practise
• Members of Parliament and staff who provide immigration advice as part of their job
• government employees who give immigration advice as part of their jobs
• volunteers at Community Law and the Citizens Advice Bureau (CAB).

Note the restriction on education agents: an education agent based outside New Zealand can give immigration advice without being licensed, but only about student visas. They cannot advise on any other type of visa or immigration matter. Education providers in New Zealand, including approved education providers, cannot give students immigration advice at all — they can only point students to publicly available information, such as the INZ website or a visa form.

How to check a licensed immigration adviser

Before you ask an immigration adviser to help you, check the IAA register to make sure the person has a current licence and the right type of licence. Licensed immigration advisers must meet competency standards and follow a Code of Conduct set by the IAA.

The IAA also provides information on who can advise you, how much it should cost, and any limits on the advice they can give you. You can choose a licensed immigration adviser based on your language, location and budget.

If you have difficulty finding a licensed immigration adviser, or you want to complain about one, you can contact the IAA directly.

For lawyers, the New Zealand Law Society website can help you find a lawyer or legal firm, or check that your existing lawyer has a current certificate to practise in New Zealand.

What INZ can share with your adviser or lawyer

Your licensed immigration adviser or lawyer can ask INZ for information about you and the visas you have been given or have applied for. They can do this by calling the INZ Customer Service Centre or by sending the Privacy Team a written request.

Before INZ gives them any information, they must confirm that:

• they are representing you, the visa applicant
• their professional details are listed on the Advisers Authority or Law Society websites.

The types of information INZ can share with your LIA or lawyer include:

• the visa you currently hold
• applications you have completed
• your previous visas
• the processing of any current applications
• medical examinations you have had
• police certificates you have provided
• your travel movements
• word-for-word (verbatim) copies of any file notes
• how to contact INZ staff who are dealing with your application.

You can also request to see or change the information INZ holds about you, or make a change to the personal details on an application.

Signs of an immigration scam

Immigration New Zealand warns applicants to watch out for people who may scam them to steal money or sign them up for jobs that are not what they promise. If you see these signs, stop and take extra precautions, ask questions, and seek official advice.

Scam sign	What to watch for
You are asked to pay for your job	New Zealand employers cannot charge you fees for a job or make you pay any of their recruitment costs, including indirectly through a third party. Be wary of high fees charged directly by a recruitment agency.
Guaranteed outcome or faster decision	An adviser, agent or consultant claims they can use connections to guarantee an outcome or faster decision. INZ will not prioritise your application because you use an adviser, and only decides applications by assessing the information against immigration rules.
You are asked to lie	It is illegal to lie to qualify for a job or a visa. An adviser who advises you to do this is breaking the law. False statements will affect your current and future visa applications.
You are told you lack minimum employment rights	Everyone in New Zealand has the same minimum employment rights, including migrants, such as paid holidays, sick leave, and the right to complain about unsafe work practices.
Package deal with accommodation	It is not common to have accommodation provided with a job in New Zealand. Be wary of package offers with a visa, job and accommodation — scammers may charge excessive amounts for accommodation.
You are promised residence	A temporary visa allows you to study and work, but there are no guarantees it will lead to residence. Pathways to residence require certain skills, experience, qualifications or occupations.
You are told you must use an adviser	You are not required to use an adviser to apply for a visa. You can apply on your own using information on the INZ website.
You are asked to pay visa or medical fees to a bank account	INZ will never ask you to pay visa application fees by depositing money into a bank account. Payment is accepted only through debit or credit card on online and paper-based application forms, or at an approved Visa Application Centre if you are outside New Zealand. Medical payments go to the clinic of an approved panel doctor or registered doctor.

How to protect yourself

You are not required to use an adviser to apply for a visa. You can find the visa you need and complete your visa application yourself using the INZ website. Each visa type has an application form and a guide; INZ recommends you read the guide carefully before filling in the application form. If you have problems completing the application, you can contact INZ for help.

If you choose to use an adviser, only use a licensed immigration adviser, a certified New Zealand lawyer, or someone else legally able to provide immigration advice.

If your adviser or third party is not giving you updates on your application, you can check the INZ website to find out how long it takes to process applications, or call INZ directly to verify the application.

Be careful with emails and websites claiming to be Immigration New Zealand. Use official links to INZ online services, and check that the website address includes ‘.immigration.govt.nz’ exactly. Official email addresses from INZ end with ‘immigration.govt.nz’ or ‘mbie.govt.nz’. Scam website addresses can look similar.

If you are already working in New Zealand and think you are being exploited, do not be afraid to ask INZ for help. INZ and Employment New Zealand can help you, and take action if needed.

What to do next

Before you engage anyone to advise you on a New Zealand visa application, verify their status. Check the IAA register of licensed immigration advisers to confirm the person has a current licence of the right type. If you plan to use a lawyer, check the New Zealand Law Society website to confirm they have a current certificate to practise. If you are using an education agent based outside New Zealand, confirm they are only advising on student visas.

If you decide to apply on your own, use the INZ website to find the visa you need, read the guide for that visa type carefully, and contact INZ if you have problems completing the application. Be cautious of anyone who asks for payment to a bank account, promises a guaranteed outcome, or tells you that you must use an adviser — none of these are legitimate practices.