Restrictions On Giving Immigration Advice In New Zealand 09 Dec 2011
If you are an employer who regularly employs people from overseas, you should be aware that, from May 2009, New Zealand's Immigration Advisers Licensing Act 2007 will require that any person giving immigration advice in New Zealand must be licenced as an immigration adviser.
What is the purpose of the Immigration Advisers Licensing Act 2007?
The purpose of the Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice.
What are the implications of the Immigration Advisers Licensing Act 2007 for employers?
The Act defines immigration advice broadly as:
"using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist, or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward."
The Immigration Advisers Authority, a body established by the New Zealand Government to police the legislation, has stated that if you or someone in your company would in giving immigration advice to possible employees, usually add anything from their own knowledge or experience to publicly available information then that person must either obtain a licence as an immigration adviser or stop giving immigration advice.
What can I do without a licence?
Without a licence you must limit yourself to:
- Carrying out translations and clerical work;
- Referring migrants to publicly available immigration information;
- Referring migrants to Immigration New Zealand, a lawyer, a licensed immigration adviser or someone else entitled to give immigration advice; and
- Giving employment/HR advice.
Should you need any assistance with this, or with any other Employment matters, please contact Lois Flanagan at Parry Field (348-8480).