Licensed Immigration Advisers: How to Check and Use Them

A licensed immigration adviser (LIA) is a person licensed by the Immigration Advisers Authority (IAA) to give immigration advice in New Zealand. Immigration advice must come from a licensed adviser or someone who is exempt from licensing. Before you use an adviser, check the IAA register to confirm the person has a current licence of the right type. If an adviser named in an application does not appear on the register and is not exempt, Immigration New Zealand (INZ) will refuse to accept or will decline the application, and will contact the IAA. You are not required to use an adviser at all — you can apply for a visa yourself using the INZ website.

What counts as immigration advice

Advice is any information or assistance tailored to your individual needs and situation. Examples given by INZ 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 follow-up questions from INZ, and what type of visa you may be eligible for at a later date.

It does not include simply helping you fill in an application form using details you provide. Anyone can help you fill in the form. But any advice on immigration matters must come from someone approved by INZ or exempt from licensing.

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

Who can give immigration advice

The following people can give immigration advice:

• Licensed immigration advisers (LIAs)
• Lawyers with a current certificate to practise in New Zealand
• Foreign diplomats and consular staff
• Employees of the New Zealand Government providing advice as part of their job
• Members of Parliament and staff providing advice as part of their job
• Volunteers at Community Law and the Citizens Advice Bureau (CAB)
• Education agents outside New Zealand, but only for advice about student visas

Outside New Zealand, education agents are permitted to give immigration advice about student visas without being licensed. Inside New Zealand, lawyers, MPs and their staff, government employees, and Community Law and CAB volunteers are exempt.

The IAA is responsible for licensing immigration advisers and regulating the advice they give. It provides information on who can advise you, how much it should cost, and any limits on the advice they can give you.

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 register is available on the Immigration Advisers Authority website. If you have difficulty finding a licensed adviser, or you want to complain about one, you can contact the IAA directly.

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.

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 your 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 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 copies of any file notes
• How to contact INZ staff 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.

Scams to watch out for

INZ warns of several common immigration scams. If you see these signs, stop and take extra precautions, ask questions and seek official advice.

Scam sign	What to know
You are asked to pay for your job	New Zealand employers cannot charge you fees for a job or make you pay recruitment costs, including through a third party
Getting application priority	No adviser can guarantee an outcome or faster decision; INZ will not prioritise your application because you use an adviser
You are asked to lie	It is illegal to lie to qualify for a job or visa; false statements affect current and future applications
You are told you have fewer rights	Everyone in New Zealand has the same minimum employment rights, including migrants
Package deal with accommodation	Be wary of offers with a visa, job and accommodation — scammers may charge excessive amounts
You are promised residence	Temporary visas do not guarantee residence; pathways require certain skills, experience, qualifications or occupations
You are told you must use an adviser	You are not required to use an adviser; you can apply on your own
You are not getting application updates	You can check processing times on the INZ website or call INZ directly to verify the application
Suspicious email or website	Official INZ email addresses end with ‘immigration.govt.nz’ or ‘mbie.govt.nz’; check website addresses carefully
You are asked to pay fees to a bank account	INZ only accepts payment by debit or credit card on online and paper forms, or at an approved Visa Application Centre outside New Zealand

Immigration New Zealand only charges you an application fee. You may need to pay for costs when gathering evidence, such as completing a medical. Only approved panel doctors and other registered doctors can accept payments for immigration medicals — INZ will never ask you to pay for medical checks.

What to do next

If you decide to use an adviser, check the IAA register first to confirm the person has a current licence of the right type. If you use a lawyer, check they have a current certificate to practise through the New Zealand Law Society. If you prefer not to use an adviser, you can find the visa you need and complete your application yourself using the INZ website. Each visa type has an application form and a guide — read the guide carefully before filling in the form. If you have problems completing the application, you can contact INZ for help.

Verify the current licensing rules and the register on the Immigration Advisers Authority website, and the current advice on who can give immigration advice on the Immigration New Zealand page ‘Getting immigration advice’.