Licensed immigration adviser NZ: how to choose one safely

To get immigration advice for a New Zealand visa application, you must use a licensed immigration adviser (LIA), or a person who is exempt from being licensed, such as a lawyer, diplomat or education agent. Anyone else who gives you tailored immigration advice is breaking the law, and if an adviser named in your application is not on the register and is not exempt, Immigration New Zealand (INZ) will refuse to accept or will decline the application. You can apply for a visa yourself without any adviser, and you are not required to use one. If you do use an adviser, check the Immigration Advisers Authority (IAA) register before you engage them to confirm they hold a current licence of the right type.

What counts as immigration advice

Advice is any information or assistance a person provides that is tailored to your individual needs and situation. The official examples include:

• 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

Help to simply fill in an application form, using details you provide, does not count as advice. This means anyone can help you fill in the form, but any advice on immigration matters must come from someone INZ approves or who is exempt.

Who can give immigration advice

The people who can give immigration advice fall into two groups: licensed immigration advisers, and people who are exempt from licensing because of their job or role.

Licensed immigration advisers

Licensed immigration advisers must meet competency standards and follow a Code of Conduct set by the IAA. 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. If you have difficulty finding a licensed adviser, or you want to complain about one, you can contact the IAA directly.

People exempt from licensing

Outside New Zealand, the following people do not need to be licensed to give immigration advice:

• 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

In New Zealand, the following people do not need 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 limit on education agents: those not in New Zealand can give immigration advice without being licensed, but they are restricted to advice about student visas.

What happens if you use an unlicensed adviser

The consequence 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 you are neither licensed nor exempt is an offence.

If you are not licensed to give advice or exempt from licensing, you can help with applications only if it is part of your job and you are recording information given to you by the applicant. This includes education providers, employers and travel agents. If you have concerns that you may be providing immigration advice without a licence, you should seek legal advice or consider getting a licence.

How to verify an adviser or lawyer

Checking the register is the single most important step. The IAA register lists licensed immigration advisers, and 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.

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. Before they are given any information, they must confirm that they are representing you and that their professional details are listed on the Advisers Authority or Law Society websites.

The information INZ can share with your LIA or lawyer includes:

• 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 copies of any file notes
• how to contact INZ staff dealing with your application

Applying for a visa yourself

You do not need an adviser. 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 any problems completing the application, you can contact INZ for help.

If you have help completing your application, you will need to complete a declaration form which authorises someone to assist you. This must be uploaded under the supporting documents tab. If you are working with a licensed immigration adviser or an exempt person, they will need to state they are providing immigration advice in the immigration assistance tab, and licensed advisers will need to provide their licence number.

Scams to watch out for

INZ publishes a list of common immigration scams. Knowing them helps you protect yourself.

Scam sign	What to do
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.
An adviser claims they can guarantee an outcome or faster decision through connections	INZ will not prioritise your application because you use an adviser, and only decides applications by assessing the information it has against immigration rules.
You are asked to lie	It is illegal to lie to qualify for a job or a visa. Any false statements will affect your current and future visa applications.
You are told you do not have the same minimum employment rights as a New Zealander	This is not true. Everyone in New Zealand has the same minimum employment rights, including migrants.
You are offered a package deal with accommodation	Be wary about package offers with a visa, job and accommodation, as scammers may charge you excessive amounts for accommodation.
You are promised residence	A temporary visa allows you to study and work, but there are no guarantees this will lead to residence.
You are told you must use an adviser	You are not required to use an adviser to apply for a visa.
You are asked to pay your visa fee or medical fees to a bank account	INZ only accepts payment through debit or credit card on its online and paper-based application forms, or at an approved Visa Application Centre.

If you are not getting application updates from your adviser, you can check the INZ website to find out how long it takes to process applications, and you can call INZ directly to verify the application.

Beware of scam emails and websites impersonating INZ online services. Use official links, 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”.

What to do next

If you are considering using an adviser, first check the IAA register of licensed immigration advisers to confirm the person has a current licence of the right type. If you are using a lawyer, check the New Zealand Law Society website for a current certificate to practise. If you prefer to apply yourself, you can do so using the INZ website, reading the visa guide carefully before filling in the form.

Verify any fees you are asked to pay. INZ only charges an application fee, and you may need to pay for costs when gathering evidence such as completing a medical. You should pay a fair price for an adviser’s services, but you should never pay a New Zealand employer for a job.

If you have concerns about an adviser, contact the IAA directly. If you suspect a scam, contact INZ to talk through your concerns.