Immigration Agent vs Lawyer: Who Can Advise You

In New Zealand, immigration advice must come from a licensed immigration adviser (LIA) or a person who is exempt from licensing, such as a lawyer. The key difference is not which profession is better, but who is legally allowed to advise you on your specific situation. Anyone can help you fill in an application form using details you provide, but any tailored advice about visa strategy, documents, or how to answer INZ questions must come from an approved source. Before you engage anyone, check the Immigration Advisers Authority (IAA) register or the New Zealand Law Society website to confirm the person is currently licensed or exempt. If an adviser named in an application is neither licensed nor exempt, INZ will refuse to accept or will decline the application and will contact the IAA, because providing immigration advice without a licence is an offence.

What counts as immigration advice

Advice is any information or assistance that is tailored to your individual needs and situation. Immigration New Zealand gives specific examples of what falls within this definition:

• 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

It does not include help to simply fill in an application form, using details you provide. That distinction matters. A friend, a travel agent, or a paid consultant who only transcribes your answers into the form is not giving immigration advice. But the moment someone tells you which visa category fits your circumstances, which documents to gather, or how to respond to INZ, they are advising you — and they must be licensed or exempt.

Who can give immigration advice

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

Licensed immigration advisers must meet competency standards and follow a Code of Conduct set by the IAA. 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.

People exempt outside New Zealand

Some people have a job or responsibility that means they do not need to be licensed to give immigration advice. Outside of New Zealand, this includes:

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

Note the restriction on education agents: they are limited to advice about student visas. An education agent outside New Zealand is not exempt to advise you on a work visa, a resident visa, or any other category.

People exempt inside New Zealand

In New Zealand, the following people do not need a licence to give immigration advice:

• 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)

Lawyer versus licensed immigration adviser

The practical difference between a lawyer and a licensed immigration adviser is the regulator and the scope of practice. Lawyers are regulated by the New Zealand Law Society and must hold a current certificate to practise in New Zealand. Licensed immigration advisers are regulated by the IAA and must hold a current licence of the right type.

Both can give you immigration advice. Both can ask INZ for information about you and your visas. The INZ Customer Service Centre and Privacy Team can provide visa information to your immigration adviser or lawyer when they request it. Before they are given any information, they must confirm that they are representing you, the visa applicant, and that their professional details are listed on the Advisers Authority or Law Society websites.

Aspect	Licensed immigration adviser (LIA)	Lawyer
Regulator	Immigration Advisers Authority (IAA)	New Zealand Law Society
Requirement	Current licence of the right type	Current certificate to practise
Where to verify	IAA register of licensed immigration advisers	Law Society website
Can request visa info from INZ	Yes	Yes
Can be exempt from licensing	No — they are licensed	Yes — lawyers are exempt

What information can be shared 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, by calling the Customer Service Centre or sending the Privacy Team a written request. The types of information INZ can share 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

This sharing is not automatic. The adviser or lawyer must first confirm they are representing you and that their professional details appear on the relevant register. That confirmation protects you: it means an unlicensed person cannot obtain your visa file from INZ by claiming to act for you.

What happens if you use an unlicensed adviser

The consequences are serious and apply to both you and the adviser. If an adviser named in an application does not appear on the register of immigration advisers and is not exempt, INZ will refuse to accept or will decline the application. INZ will also contact the IAA, because if someone provides immigration advice when they are neither licensed nor exempt, they are committing an offence.

This means the risk is not simply that you receive poor advice. The risk is that your application is refused or declined because the person who helped you was not authorised to do so. The Immigration Advisers Authority also notes there are significant penalties for giving advice without a licence.

How to find and verify an adviser

The IAA provides information on who can advise you, how much it should cost, and any limits on the advice they can give you. If you have any difficulty finding a licensed immigration adviser, or you want to complain about one, you can contact the IAA directly.

For lawyers, the 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.

If you want to complete a visa application yourself, you can find the visa you need and complete your visa application yourself using the Immigration New Zealand website. Each visa type has an application form and a guide to help you. INZ recommends that you read the guide carefully before filling in the application form. If you have any problems completing the application, you can contact INZ for help.

What to do next

Before you engage anyone to help with your visa, take three steps. First, decide whether you actually need advice or just help filling in the form — the latter does not require a licensed adviser. Second, if you do need advice, check the IAA register for a licensed immigration adviser or the Law Society website for a lawyer with a current certificate to practise. Third, confirm in writing who will be named on your application as your adviser, and confirm that they are licensed or exempt.

Verify on the official pages: the IAA register of licensed immigration advisers and the New Zealand Law Society find-a-lawyer search. If you are using an education agent outside New Zealand, confirm their exemption is limited to student visas. Do not rely on a verbal assurance that someone is “approved” — check the register yourself before you pay or provide personal information.