Choosing an Immigration Lawyer: Licensing and What They Do

An immigration lawyer is a regulated professional who can give you advice on immigration matters, but the rules governing who may advise you depend on the country you are applying to. In New Zealand, immigration advice must come from a licensed immigration adviser (LIA) or a person exempt from licensing, such as a lawyer with a current certificate to practise. Before you engage anyone, verify their credentials on the official register or with the relevant law society, and understand that advice is distinct from simply filling in a form. This page explains what an immigration lawyer does, how to check they are qualified, and what information they can access on your behalf.

What an immigration lawyer actually does

Immigration advice is any information or assistance tailored to your individual needs and situation. Under Immigration New Zealand (INZ) rules, this includes advising 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.

It does not include help to simply fill in an application form using details you provide. Anyone can help you complete the form; the distinction matters because giving advice without being licensed or exempt is an offence.

A lawyer who is exempt from licensing can provide the full range of immigration advice, subject to the rules of their profession. In New Zealand, lawyers with a current certificate to practise are among those who do not need to be licensed as immigration advisers. The New Zealand Law Society can help you find a lawyer or legal firm, or check that your existing lawyer has a current certificate to practise.

Who is allowed to give immigration advice

Immigration advice for your visa application 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.

The table below sets out who may give advice, based on the INZ guidance.

Category	Who can advise	Notes
Licensed immigration adviser	Individuals licensed by the IAA	Must meet competency standards and follow the IAA Code of Conduct
Lawyers	Lawyers with a current certificate to practise in New Zealand	Exempt from licensing; verify via the New Zealand Law Society
Education agents (offshore)	Permitted to give immigration advice about student visas only	Restricted to student visa matters
New Zealand Government employees	Provide advice as part of their job	Exempt
Foreign diplomats and consular staff	Provide advice as part of their role	Exempt
Members of Parliament and staff	Provide advice as part of their job	Exempt
Volunteers at Community Law and the Citizens Advice Bureau (CAB)	Provide advice as part of their volunteer role	Exempt

Outside New Zealand, education agents who are permitted to give immigration advice are restricted to advice about student visas. That is a specific limitation, not a general licence to advise on all immigration matters.

How to verify a lawyer or adviser before you engage them

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.

If you are using a lawyer, 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. The Law Society is the body that regulates lawyers, and a current practising certificate is the key credential to confirm.

The consequence of using an unqualified adviser is serious. 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 when neither licensed nor exempt is an offence.

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

What information your lawyer or adviser can access

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 sending the Privacy Team a written request.

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.

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

This access is a practical reason to engage a properly qualified representative: they can obtain details about your file that you may not be able to see yourself through the standard channels.

What it costs and what to expect

The IAA provides information on who can advise you, how much it should cost, and any limits on the advice they can give you. The official guidance does not specify fee amounts, so you should check the IAA website for current guidance on costs and any caps that apply.

When you approach a lawyer or adviser, expect them to explain the scope of their advice, their fees, and any limits on what they can do. A qualified professional will also confirm their licensing status without hesitation. If someone cannot show they are licensed or exempt, do not proceed.

Completing an application yourself

If you want to complete a visa application yourself, you can find the visa you need and complete your application 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 any problems completing the application, you can contact INZ for help.

This route avoids the need for a lawyer or adviser altogether, and is appropriate for straightforward applications where you do not need tailored advice.

What to do next

Before engaging anyone, verify their credentials on the official register or with the relevant law society. If you are in New Zealand, check the IAA register for licensed immigration advisers and the New Zealand Law Society for lawyers with a current practising certificate. If you are applying from outside New Zealand, confirm that any education agent is restricted to student visa advice if that is what you need.

Check the IAA website for current information on costs and any limits on the advice an adviser can give. If you want to complain about an adviser, contact the IAA directly. For the most current rules, refer to the official INZ page on getting immigration advice and the IAA register.