Migration Advisers in NZ — A Guide for New Migrants

Migration Advisers in NZ — A Guide for New Migrants

New Zealand immigration advice is one of the most tightly restricted consumer services in the country, and most people have no idea. Under the Immigration Advisers Licensing Act 2007, anyone giving advice about New Zealand immigration must be licensed or exempt from licensing — whether they sit in Auckland or in Manila. Get it wrong and the penalties are criminal: fines of up to $100,000 and up to 7 years in prison, even if the adviser never charged a fee.

The other surprise is who is not on the register. New Zealand lawyers are exempt from licensing, which means a perfectly lawful immigration lawyer will not appear in the Immigration Advisers Authority's online register. If you check the register, find nothing, and walk away, you may be turning down the right person. The correct check for a lawyer is the New Zealand Law Society's Register of Lawyers.

This guide covers the three bodies that regulate advisers, what counts as immigration advice, the cost structure you should expect, and the questions worth asking before you hand over a file — and a fee.

How We Researched This Guide

We worked from the Immigration Advisers Licensing Act 2007 itself, set out in full on legislation.govt.nz, and from the Immigration Advisers Authority's own guidance on who needs a licence. The section 11 exemption list is where the article's most useful point lives, so we quoted it rather than paraphrasing it.

One thing genuinely surprised us. The Authority's guidance is blunt that using your knowledge to direct, assist or represent someone can be immigration advice even if you would never call it advice — and that the informal or family exemption does not extend to friends, or to people you personally consider family but are not related to. That is a much narrower exemption than most people assume.

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The Quick Summary (60-Second Version)

If you read nothing else, read this:

• Anyone giving NZ immigration advice, here or offshore, must be licensed or exempt — it is a criminal offence otherwise, with fines up to $100,000 and/or up to 7 years in prison.
• Check the online Register of Immigration Advisers before you engage anyone, and confirm the licence is current.
• Lawyers are exempt and will not appear on that register — verify them on the New Zealand Law Society register instead.
• Three separate bodies are involved: the Authority sets standards, the Registrar licenses and handles complaints, and the Tribunal can cancel a licence or order a refund of fees.
• The adviser's fee is usually the smaller part of the total. Ask for the whole budget, including medicals, police certificates, testing and translation.
• Nobody can guarantee a visa outcome. Anyone who does is a red flag, not a reassurance.

Who Actually Regulates Immigration Advice

The Act's stated aims are to protect consumers and to enhance New Zealand's reputation as a destination for people to visit, work and live. It achieves that by making the giving of immigration advice a licensed activity, and by splitting the oversight across three bodies that do genuinely different jobs.

The Immigration Advisers Authority uses competency standards and a code of conduct to set and monitor standards. The Registrar of Immigration Advisers makes the decisions to license advisers and deals with complaints against licensed advisers. The Immigration Advisers Complaints and Disciplinary Tribunal deals with complaints referred by the Registrar and hears appeals about licensing decisions. That last body matters most to a consumer, because it can cancel an adviser's licence or order an adviser to refund their fees. A refund order is a real remedy, and it is worth knowing it exists.

What counts as immigration advice

The Authority describes it as using knowledge to direct, assist or represent a person in relation to immigration to New Zealand, whether directly or indirectly and whether or not for gain or reward. That last phrase is the one people miss. You do not have to be paid to be caught.

The Exemption That Trips Everyone Up

Section 11 lists who can give immigration advice without a licence. Members of Parliament and their staff, within their employment agreements. Foreign diplomats and consular staff. Public service employees, within their employment agreements. Community law centre staff and volunteers, where at least one lawyer is on the employing body or supervises. Citizens Advice Bureau staff and volunteers. And people providing advice offshore, but only for temporary entry class visa — temporary visa — student visa applications.

Then there is the informal or family exemption, which is narrower than it sounds. It covers advice given in an informal or family context only, so long as it is not provided systematically and not for a fee. The Authority's guidance says it is designed for one-off instances rather than consistent assistance, and it does not extend to friends, or to people you personally consider family but are not related to.

The lawyer exemption — and why the register check changes

Lawyers, and employees of lawyers and of incorporated law firms, are exempt. So a lawyer doing immigration work will not appear on the IAA register at all. A reader who checks the register, finds nothing, and concludes the person is unlicensed would be wrong, and might walk away from a perfectly good adviser.

What It Costs, and What to Ask Before You Sign

Adviser fees are commonly charged as a fixed fee for a defined application, as a package covering several stages, or as an hourly rate for advice. The drivers are the type and complexity of the visa, whether you are onshore or offshore, whether there is a character or health issue to address, whether a previous application has been declined, and whether the matter goes to the Tribunal.

On top of the adviser's fee sit the third-party costs you pay regardless of who assists: Immigration New Zealand application fees, medical examinations, police certificates, English language testing, qualifications assessment, translation and courier costs. The honest framing is that the adviser's fee is usually the smaller part of the total. Ask for the whole budget, including every third-party payment, and ask what happens to your fee if the application is declined.

Red flags worth taking seriously

Anyone who guarantees a visa outcome. Nobody can guarantee an immigration decision. Anyone who asks for cash without a written agreement or receipt. Anyone who says they have a special relationship with, or a contact inside, Immigration New Zealand. Anyone offering to submit an application on your behalf who is neither licensed nor exempt, and cannot point to a specific section 11 exemption or a Law Society practising certificate.

Watch too for anyone charging to "check documents" for several clients at once — that sits close to providing advice systematically, which is exactly what the informal and family exemption does not cover. And anyone who will not put their licence status in writing is not worth the risk.

Questions You Might Have

Do I actually need an adviser?

Not always. Straightforward applications with clear evidence are often manageable yourself, and Immigration New Zealand's own website is the starting point. Where it gets harder — complex employment history, health or character issues, a previous decline, or several family members — an adviser earns their fee. Read the official guidance first, then decide.

How do I check someone is licensed?

Use the online Register of Immigration Advisers. You can confirm whether a person is licensed and see their licence details. Ask for the licence number in writing before you engage anyone, and check it yourself rather than taking a screenshot as proof. If they are a lawyer, check the Law Society register instead.

What if my adviser is not on the register?

Ask which exemption they are relying on. Lawyers are exempt, as are several other categories. If they cannot name a specific exemption and cannot point to a Law Society practising certificate, treat that as a serious problem rather than an administrative gap. Unlicensed advice is a criminal offence.

What happens if the application is declined?

Ask this before you sign, not after. The answer depends on the adviser's terms — some charge for the work regardless of outcome, and some structure fees differently. Get the position in writing in your agreement, along with what further options exist and what those would cost.

How do I complain about an adviser?

Try to resolve it directly first. If that fails, complaints against licensed advisers go to the Registrar of Immigration Advisers, who can refer matters to the Complaints and Disciplinary Tribunal. The Tribunal can cancel a licence or order a refund of fees. The Citizens Advice Bureau and community law centres offer free help.

What Matters Most

The single most valuable thing you can do is check the register — and know which register to check. Licensed advisers are on the Immigration Advisers Authority's list. Lawyers are not, because they are exempt, and their check is the Law Society's. Getting that distinction right stops you rejecting a good adviser for the wrong reason.

Then ask for the whole budget, not the headline fee. The adviser's charge is usually the smaller number, and the third-party costs — medicals, police certificates, testing, translation — are where a plan quietly falls over. Ask what happens if the application is declined, and get it in writing.

Finally, be sceptical of certainty. Immigration decisions are made by Immigration New Zealand, not by the person you are paying. An adviser who tells you the realistic prospects, including what would make the application fail, is worth more than one who promises an outcome nobody can promise.