December 2023 newsletter

Message from the Registrar

Welcome to the final Immigration Advisers Authority newsletter for 2023.

I want to acknowledge the work of the team that supports the Immigration Advisers Authority (IAA), this has been another busy year.

The last day of business for the Authority this year will be Friday 22 December 2023 and it will reopen on Monday 8 January 2024.

The statutory shut-down period, per section 5 of the Immigration Advisers Licensing Act 2007, is from Friday 22 December 2023 to Monday 15 January 2024. Any online or paper-based applications submitted during this time will be treated as being received on Tuesday 16 January 2024. This does not affect online fast track renewal applications.

Please refer to your renewal notice to confirm your current licence expiry date. To avoid your licence being recorded as expired on the public register, please ensure that you submit your renewal applications on time.

We hope you enjoy this edition of the newsletter.

Keep our standards high.

What do migrant trends tell us?

In the annual statistics, published on our website and in our August newsletter, we highlighted that the distribution of Licensed Immigration Advisers (LIAs) globally is approximately 80% onshore to 20% based offshore.

Annual statistics

Offshore LIAs by country

 

Please note that there are 1,071 advisers based in New Zealand who are not represented on the chart above.

To provide the industry some further insights, we have gathered some additional data to understand migration trends to New Zealand during the 2022/23 financial year. 

Most migrant arrivals by country

Source:
Stats NZ, Permanent & long-term arrivals by country of residence and visa type.
Data is for the year ending June 2023.
'Country' refers to country of last permanent residence.
Citizens of Australia and NZ are excluded.

Using the above charts, you can compare where migrants are travelling from, before coming to New Zealand, and the spread of LIAs based in each country.

This data provides some significant insights; we can see that Japan, Argentina, Chile, Nepal, and France currently do not have any LIAs based there, but each country had between 1,600 and 2,500 migrants arrive in New Zealand over the 12-month period.

Other interesting data shows us that Fiji, the Philippines, and South Korea have high volumes of migration to New Zealand compared to the number of LIAs based in those countries. This could indicate that there is demand for LIA services in these places that is not currently available.

IAA webinar 3: Link to recording

The recording of our third webinar, ‘Providing immigration advice: What does tailored and diligent service delivery look like?’ is now available to view. We have also provided a PDF version of the presentation for you to download.

You can access both here:

Webinars

Q & A session: Answers to anonymous questions

During the webinar we always try to answer as many questions as we can and there were a few questions that we did not have time to answer live. We have reached out to individual advisers whose questions had remained unanswered. 

Our responses to other relevant questions which were posed anonymously, appear below. These cover various aspects of Code of Conduct 2014 (the Code).

Code of Conduct 2014

1. Where in the Code is it a requirement to provide a written eligibility assessment to the client? I understand it would be required if the eligibility assessment was a discussion (as it's a material discussion). However, if an adviser puts an E/A on file is that not Code compliant?

   Under performance indicator 4.1, licensed 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."

   In terms of clause 2(a) of the Code, a licensed adviser must maintain a relationship of confidence and trust with the client and provide objective advice.

   An eligibility assessment is a basic starting point for any immigration matter. It will determine what steps must be taken in order to have the client’s application lodged and approved (or the assessment may well conclude that an application may be futile). An eligibility assessment may be quick and easy to complete and communicate, or it may take some time and research, depending on the type of visa application and the client’s circumstances. Eligibility advice is fundamental and very much material to the client’s immigration matter and should therefore be communicated to client in writing (clause 26(c)) and kept on file (clause 26(a)(iii)).

2. Based on my understanding, it is the responsibility of LIA’s to thoroughly check and provide guidance on relevant documents such as previous evidence of relevant work experience.

   For instance, if a job check approval letter mentions that a minimum of 3 years of relevant work experience is required, then it is the adviser’s duty to verify that the applicant’s work experience letters/evidence demonstrate that this requirement is fulfilled.

   I believe that this is what being diligent entails. Also, competency standard 4.1 requires LIAs to identify potential barriers to eligibility. So, if a client's documents are not in order, that is an obvious barrier to eligibility.

   Shouldn’t we check documents such as work experience letters?

   Under Clause 31(a) of the Code, a licensed immigration adviser must:
   
   "Not deliberately or negligently provide false or misleading documentation to, or deliberately or negligently conceal relevant information from, the decision maker in regard to any immigration matter they are representing."

   Code of conduct – Misrepresentation

   The onus is on the client to provide accurate information in the first instance; however, an adviser must also be diligent and act with due care when assessing the information and documents provided by the client.

   Code of conduct – Professional responsibilities

   If the information provided looks fake or forged, then the adviser should take reasonable steps to question the document(s) and conduct checks as far as they are able to. They should also communicate their concerns to the client and keep the correspondence on file, as required by Clause 26 of the Code. This practice will help manage expectations and may prevent problems from arising further down the line.

3. Can I do the eligibility assessment after having received and assessed all the information provided by clients?

   During the webinar we mentioned the purpose of an eligibility assessment is to help clients understand their options and your recommendations. Eligibility assessments may be conducted prior to a client’s commitment to hiring a licensed adviser. If it is the adviser’s professional opinion that it would be best to conduct the eligibility assessment after having received and assessed all the information provided by the client, they can do so. However, these will need to be confirmed in writing to the client as per Clause 26(c) of the Code, which requires that advisers confirm material discussions in writing to the client.

   It is also important to inform the client and obtain their consent to any charges for this process (if applicable).

   Read Clauses 16 and 20 of the Code:

   Code of conduct – Professional practice

4. Around 80% of responders said they were 'sure' their Written Agreements are code compliant. Based on the file reviews undertaken by the IAA, would at least 80% of WA's be Code-compliant’?

   As stated in the webinar, common pain points the IAA has noticed with written agreements include:

   • not recording changes to written agreements
   • not tailoring the services to be provided to the client
   • failure to record that Professional Standards have been provided and explained to the client
   • refund and complaints policies not being provided to the client; or not being Code-compliant
   • failure to set out payment terms and conditions clearly. 

   Clauses 18 and 19 of the Code clearly outline the requirements for an acceptable written agreement. Having a code-compliant written agreement protects you and your client.

   For further information, please see:

   Written Agreement – Guidance and checklist for licensed advisers [PDF, 184 KB]

5. What are IAA closing times for Christmas and New Years?

   The IAA will be closed for the Christmas/New Years holiday from: 

   23 December 2023 to 15 January 2024 (first day back in 2024).

GDNZIA industry partnership group

The Graduate Diploma in New Zealand Immigration Advice (GDNZIA) industry partnership group is made up of GDNZIA programme staff, a representative from the IAA, a representative from Immigration New Zealand and those working in the immigration advice industry. The group provides a forum for industry feedback and discussion of issues relating to graduate outcomes and the content and delivery of the GDNZIA. In 2024 the group will meet 3 or 4 times and meetings will be held online.

Toi Ohomai Institute of Technology is seeking expressions of interest from those in the industry who would like to join the industry partnership group in 2024. If you are interested in participating, please email Appley Boyd (appley.boyd@toiohomai.ac.nz) with a brief outline of why you wish to join and how you can contribute.

Expressions of interest must be received no later than 16 February 2024.