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.
What to Do If You Have a Problem With Your Adviser
Step 1: Internal Complaint
Clients should first raise concerns directly. Advisers are legally required to follow an internal complaints process.
Step 2: Complaint to the Immigration Advisers Authority
If unresolved, clients may lodge a formal complaint with the Immigration Advisers Authority, which has power to:
- Investigate conduct
- Impose sanctions
- Suspend or cancel licences
Why Clients Choose Immigration Chambers for Immigration Advice
At Immigration Chambers, immigration advice is delivered by qualified legal professionals (our team consists of both NZ Licensed Immigration Advisers and NZ Practising Lawyers), not sales-driven intermediaries. We operate within:
- New Zealand immigration law
- Regulatory compliance standards
- Evidentiary and procedural requirements
Our focus is risk mitigation, accuracy, and lawful outcomes. We are specialized in complex matters such as refusals, character/medical waivers, section 61, Immigration and Protection Tribunal Appeal (IPT Appeal), Minister Intervention Request, Deportation Liability Cancellation/Suspension, etc.
Speak with an Immigration Lawyer in New Zealand
If you require immigration advice that is legally compliant, strategically sound, and professionally accountable, consult with Immigration Lawyers at Immigration Chambers.
- Book a confidential consultation today
- Get advice reviewed by licensed immigration lawyers
Get immigration advice reviewed by licensed immigration lawyers in New Zealand.
Book a confidential consultation with Immigration Chambers today.
FAQ
1. Is it mandatory to only seek immigration advice / seek representation from a NZ Licensed Immigration Adviser and NZ Practising Lawyer in New Zealand?
Yes. Only licensed immigration advisers or practising immigration lawyers are legally permitted to provide immigration advice.
2. Can companies provide immigration advice in New Zealand?
No. Only individuals can be licensed. Companies themselves cannot hold an immigration adviser licence.
3. How do I check if an immigration adviser is licensed?
You can verify licensing through the official online register or by reviewing a digital licence certificate with a QR code.
4. What happens if I receive advice from an unlicensed person?
Advice from an unlicensed person is unlawful and may lead to visa refusal, loss of appeal rights, and long-term immigration consequences.
5. Should I consult an immigration lawyer instead of an adviser?
For complex cases, declined visas, deportation risk, or legal challenges, consulting an immigration lawyer in New Zealand is strongly recommended.