Migration Agent vs Immigration Lawyer: Who Can Advise You

The difference between a migration agent and an immigration lawyer is not always obvious, because the two roles overlap. In New Zealand, the key distinction is that a licensed immigration adviser (LIA) is regulated by the Immigration Advisers Authority (IAA), while a lawyer is exempt from that licensing regime if they hold a current practising certificate. Whether you need one or the other depends on the country you are applying to, the type of advice you need, and whether you want to proceed without any adviser at all. Before engaging anyone, you should check the relevant official register to confirm the person is currently licensed or exempt, because an application that names an adviser who is neither licensed nor exempt can be refused or declined outright.

What counts as immigration advice

Immigration advice is any information or assistance tailored to your individual needs and situation. Immigration New Zealand (INZ) gives examples of what constitutes advice, including:

• 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: anyone can help you fill in a form, but only a licensed adviser or an exempt person can give you advice on immigration matters. If you are dealing with a person who is not licensed and not exempt, and they are giving you tailored advice, they may be committing an offence, and INZ will contact the IAA.

Who is allowed to give immigration advice in New Zealand

Under the New Zealand system, 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 adviser to help you, you should check the IAA register to make sure the person has a current licence and the right type of licence.

People who do not need to be licensed fall into two groups. Outside 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, and foreign diplomats and consular staff. In New Zealand, this includes 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).

The practical implication is that a New Zealand lawyer is not a migration agent, but they are allowed to give immigration advice without a licence from the IAA. 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.

Migration agent vs immigration lawyer: which one do you need

There is no single answer that applies to every applicant. The choice depends on the nature of your matter and the country you are dealing with. The table below sets out the main differences based on the official guidance.

Aspect	Licensed immigration adviser (LIA)	Immigration lawyer (New Zealand)
Regulator	Immigration Advisers Authority (IAA)	New Zealand Law Society (NZLS)
Licence or credential	Current licence on the IAA register	Current certificate to practise
Exempt from IAA licensing	No	Yes
Where you verify	IAA register of licensed immigration advisers	NZLS website (find a lawyer)
Can give tailored immigration advice	Yes	Yes
Can be named in an application	Yes, if licensed	Yes, if exempt and holding a current practising certificate
Can request visa information from INZ on your behalf	Yes, after confirming they represent you and their details are listed on the IAA or NZLS website	Yes, after confirming they represent you and their details are listed on the IAA or NZLS website

If your matter involves a visa application to New Zealand, either a licensed immigration adviser or a New Zealand lawyer may be able to help. If your matter involves another country, the rules will be different, and you will need to check that country’s official requirements.

What happens if your adviser is not licensed or exempt

The consequences are 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 if someone provides immigration advice when they are neither licensed nor exempt, they are committing an offence.

This is why checking the register before you engage anyone is not optional. A person may describe themselves as a migration agent, an immigration consultant, or an adviser, but the only thing that matters is whether they hold a current licence from the IAA or fall into one of the exempt categories.

What information your adviser can access

If you do engage a licensed immigration adviser or a lawyer, they 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 and that their professional details are listed on the Advisers Authority or Law Society websites.

The types of information that can be shared include details about 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, and how to contact INZ staff dealing with your application.

This is a useful safeguard: it means your adviser can only obtain information about you if they are properly registered and representing you. It also means you can verify their standing by checking the same registers INZ uses.

Doing it yourself

You do not have to use an adviser at all. If you want to complete a visa application yourself, you can find the visa you need and complete your application 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.

This option is worth considering if your situation is straightforward and you are comfortable reading the official guidance. It removes the risk of engaging an unlicensed adviser and saves the cost of professional fees.

What to do next and what to verify

Before you engage anyone, take three steps. First, decide whether you need advice at all, or whether you can complete the application yourself using the official guides. Second, if you do need advice, identify whether you need a licensed immigration adviser or a lawyer. Third, verify the person’s credentials on the official register before you pay or sign anything.

For New Zealand matters, check the IAA register of licensed immigration advisers to confirm the person has a current licence and the right type of licence. If you are considering a lawyer, use the New Zealand Law Society website to find a lawyer or legal firm, or to check that your existing lawyer has a current certificate to practise. If you have difficulty finding a licensed adviser, or you want to complain about one, you can contact the IAA directly.

For matters involving other countries, the rules will differ. Ireland, Germany, and the United States each have their own systems for who may provide immigration advice, and those systems are not covered by the New Zealand licensing regime. You should check the official government website for the country you are applying to before engaging anyone.