Competency standard 4:
Preparing, lodging and administering immigration applications, appeals, requests, claims and other representation
Advisers must be able to demonstrate the ability to:
- Assess a client’s immigration situation including: establishing eligibility criteria; gathering appropriate information; conducting preliminary assessments; identifying potential barriers to eligibility; evaluating the possible range of options; providing correct advice and information; and providing reasons for the advice given.
- Provide services in an ethical, timely, conscientious, complete and accurate manner including: planning the application process; clearly communicating requirements with clients; co-ordinating the preparation of applications; lodging applications with required supporting documents; taking all reasonable steps to inform clients to submit accurate and genuine documentation and the consequences of not doing so; satisfying all lodgement requirements; applying immigration knowledge as appropriate and in a manner that protects clients’ immigration status and entitlement; and understanding the requirements relating to medical evidence and advising clients appropriately, with a view to providing full information to Immigration New Zealand.
- Represent clients through the immigration application process including: following up on applications; liaising with Immigration New Zealand as required; keeping clients informed in a consistent manner; recognising and working within time limits; understanding and responding appropriately to issues as they arise including responding promptly to correspondence from Immigration New Zealand, the client and third parties; completing the process following decision-making including the timely return of clients’ documents; ensuring decisions are communicated to clients with the details and implications of outcomes explained, particularly appeal and review rights; checking visa labels for accuracy; advising clients in a timely manner of the procedures for complaints and the avenues for redress including appeal rights; and taking any necessary follow-up action.
- Represent clients through the refugee or protection claim process or know when and where to refer clients for specialist advice including: recognising when clients have potential refugee or protection claims and advising clients of the ability to lodge a claim; explaining the consequences of making a refugee or protection claim; explaining how a claim is made; where appropriate, advising clients when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention; completing claim documentation; advising clients of the ability to apply for a visa; representing clients in relation to refugee or protection claims, including cessation or cancellation procedures; understanding the special needs of victims of trauma; or referring clients to appropriate specialists.
- Represent clients through appeals or know when and where to refer clients for specialist advice including: recognising when clients have appeal rights; advising clients of the right to appeal and appeal time limits; explaining the consequences of making an appeal, including whether or not they may stay in New Zealand while the appeal is being decided; or referring clients to appropriate specialists.
- Make requests for special directions or know when and where to refer clients for specialist advice including: recognising when a request for a special direction is appropriate and advising clients of the option; completing request documentation and delivering it to the appropriate decision-maker; representing the client through the process; or referring clients to appropriate specialists.
- Represent clients in relation to compliance and deportation matters or know when and where to refer clients for specialist advice including: where appropriate, advising clients when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention; recognising when clients may be liable for deportation and advising clients of their liability; and explaining the consequences of deportation.