Immigration Consultant vs Lawyer: Who Can Advise You

If you are applying for a New Zealand visa, the person who gives you immigration advice must be either a licensed immigration adviser (LIA) or someone exempt from licensing, such as a lawyer with a current practising certificate. The distinction matters because Immigration New Zealand (INZ) will refuse to accept or will decline an application if the adviser named in it is not on the register of licensed immigration advisers and is not exempt. You can complete a visa application yourself, but any tailored advice on which visa to apply for, what documents to provide, or how to answer questions must come from an approved source. The Immigration Advisers Authority (IAA) licenses and regulates advisers, while the New Zealand Law Society regulates lawyers. Before engaging anyone, check the IAA register or the Law Society website to confirm the person holds a current licence or practising certificate of the right type.

What counts as immigration advice

Immigration advice is any information or assistance tailored to your individual needs and situation. INZ gives specific examples: 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 follow-up questions from INZ, and what type of visa you may be eligible for at a later date.

Help to simply fill in an application form, using details you provide, does not count as advice. That means anyone can help you complete the form itself. The line becomes important when the help moves beyond transcription into recommendation or interpretation. If someone tells you which visa category fits your circumstances, or advises you on how to respond to an INZ query, they are giving immigration advice and must be licensed or exempt.

Who is licensed to give immigration advice

Licensed immigration advisers are regulated by the Immigration Advisers Authority. Before you ask an 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.

If an adviser named in an application does not appear on the register and is not exempt, INZ will refuse to accept or will decline the application. INZ will also contact the IAA, because providing immigration advice when neither licensed nor exempt is an offence. The IAA provides information on who can advise you, how much it should cost, and any limits on the advice they can give you.

Who is exempt from licensing

Some people have a job or responsibility that means they do not need to be licensed to give immigration advice. The exemptions differ depending on whether the person is in New Zealand or overseas.

Outside New Zealand, exempt people include 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, and foreign diplomats and consular staff. Note the restriction on education agents: their exemption is limited to student visa advice.

In New Zealand, exempt people include 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, and 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 depends on what you need. A lawyer with a current practising certificate in New Zealand is exempt from licensing and can give immigration advice. A licensed immigration adviser is regulated by the IAA and must hold a current licence of the right type. Both can represent you and both can request information from INZ about your visa applications.

When a licensed immigration adviser or lawyer asks INZ for information about you, they must confirm they are representing you and that their professional details are listed on the Advisers Authority or Law Society websites. INZ can then share details about the visa you currently hold, applications you have completed, previous visas, processing of current applications, medical examinations, police certificates, travel movements, verbatim copies of file notes, and contact details for INZ staff dealing with your application.

The choice between the two roles is not about which is more qualified in general terms. It is about which regulated professional is best suited to your situation. The IAA register and the Law Society website are the two authoritative places to verify credentials. 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.

What happens if you use an unlicensed adviser

The consequences are serious and apply to the application itself. 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 providing immigration advice without a licence or exemption is an offence.

This means you should verify any adviser before you engage them, not after. The check takes minutes: search the IAA register for a licensed immigration adviser, or the Law Society website for a lawyer. If the person is not on either and is not in one of the exempt categories, they cannot lawfully advise you on your visa application.

Doing it yourself

You do not need an adviser at all. 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 to help you. INZ recommends that you read the guide carefully before filling in the application form. If you have problems completing the application, you can contact INZ for help.

This is a legitimate option if your circumstances are straightforward. The risk is not in self-representation but in receiving unlicensed advice from someone who is not authorised to give it. Anyone can help you fill in the form; only licensed or exempt people can advise you on the substance of the application.

What to do next

Before you engage anyone to help with a New Zealand visa application, take three steps. First, decide whether you need advice at all — you may be able to complete the application yourself using the INZ website. Second, if you do need advice, check the IAA register of licensed immigration advisers to confirm the person has a current licence of the right type, or check the New Zealand Law Society website to confirm a lawyer has a current practising certificate. Third, confirm the person is not relying on an exemption that does not apply to your situation — for example, an education agent outside New Zealand is only exempt for student visa advice.

If you have difficulty finding a licensed immigration adviser, or you want to complain about one, you can contact the IAA directly. The IAA website also provides information on who can advise you, how much it should cost, and any limits on the advice they can give you. Verify these details on the official pages before you rely on them, because the rules are set by the regulator and can change.