Why Using a Licensed Immigration Adviser in New Zealand Matters?
- iclegalnz
- 7 hours ago
- 3 min read
At Immigration Chambers, we advise migrants, employers, and families based on New Zealand immigration law, regulatory compliance, and enforceable professional standards. When immigration decisions affect lawful status, future eligibility, and appeal rights, using a licensed immigration adviser in New Zealand matters - it is a legal safeguard, not a formality.
This guide provides compliance-focused insight into how licensed immigration advisers operate in New Zealand, how to verify their authority, and how clients are protected under law.
Why Licensed Immigration Advice Is a Legal Requirement in New Zealand
Immigration advice in New Zealand is regulated by the Immigration Advisers Licensing Act. Only licensed immigration advisers or practising immigration lawyers are legally permitted to provide immigration advice.
Licensed advisers:
Meet prescribed competency and fit-and-proper-person standards
Operate under the Licensed Immigration Advisers Code of Conduct
Are accountable to the Immigration Advisers Authority (IAA)
Unlicensed advice exposes applicants to:
Incorrect visa category selection
Incomplete or misleading submissions
Declines based on credibility or compliance failures
Loss of appeal rights
From a legal standpoint, these risks are avoidable.
What a Licensed Immigration Adviser Is Legally Permitted to Do
A licensed immigration adviser may lawfully:
Assess visa eligibility under current immigration instructions
Prepare and lodge visa applications
Advise on declined applications and appeal options
Provide compliance advice for individuals without lawful status
Assist with settlement-related immigration matters
However, complex cases involving refusals, receipt of Immigration New Zealand concern letter - Potential Prejudicial Letter (PPI Letter), deportation liability, or judicial review often require direct involvement from immigration lawyers.
Types of Licensed Immigration Adviser Licences Explained
1. Full Licence
Authorised to advise on all immigration matters
May supervise provisional licence holders
Suitable for high-risk and multi-stream cases (Depending on their experience level on working on complex case)
2. Provisional Licence
Can advise across most immigration categories under supervision
Must operate under supervision of a full licence holder for 2 years
Commonly held by newly licensed advisers
3. Limited Licence
Restricted to specific immigration matters
Scope is legally defined and limited
Not appropriate for complex or strategic cases
How to Verify a Licensed Immigration Adviser (Legal Due Diligence)
Only individuals can be licensed - companies cannot.
Before engaging any adviser, clients should verify:
The adviser’s name in the official online register of licensed immigration advisers
A current digital licence certificate, verified via QR code
A physical licence card, if still issued
Licence validity: one year
Advice provided while a licence is expired, suspended, or cancelled is unlawful.
Understanding Non-Current Licence Statuses
An adviser cannot legally provide advice if their licence is:
Expired
Surrendered
Refused
Suspended
Cancelled
Each status has distinct legal consequences and must be checked prior to engagement. The surrendered status can mean that the person is no longer practising immigration law using their License from Immigration Adviser Authority, but choosing to practise immigration law using their NZ practicing lawyer license.
Professional Conduct Obligations Under New Zealand Law
All licensed immigration advisers must comply with the Licensed Immigration Advisers Code of Conduct.
They are legally required to:
Prove their licensing status
Act honestly, professionally, and diligently
Provide objective and independent advice
Declare conflicts of interest and commissions
Provide a written agreement before commencing work
Charge fair and reasonable fees
Issue detailed invoices
Provide ongoing updates
Protect and securely return client documents
Breach of these duties may constitute professional misconduct.
Written Agreement: A Legal Protection for Clients
Before any work begins, a licensed adviser must provide a written services agreement outlining:
Scope of services
Fees and payment structure
Adviser and client responsibilities
This document is enforceable and forms the basis of any complaint or disciplinary review.
Professional Standards Leaflet: Mandatory Client Disclosure
Licensed advisers must provide and explain a Professional Standards Leaflet to every client.This leaflet explains:
Client rights
Adviser obligations
Complaint procedures
Failure to provide this document is itself a compliance breach.
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