Plain language law

New Zealand law explained for everyone

Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Licensing process

19: Granting of licence

You could also call this:

“How to get a licence to work as an immigration adviser”

If you want to become an immigration adviser, you need to get a licence. The Registrar is the person who decides if you can have a licence. They will give you a licence if you meet all the rules.

You can’t have a licence if the law says you’re not allowed. The Registrar will check if you’re a good person to be an immigration adviser. They’ll make sure you know enough about immigration advice. You also need to fill out your application form correctly and pay any fees.

There are three types of licences you can get. A full licence means you can give advice about all immigration things. A limited licence means you can only give advice about some immigration things. A provisional licence means you’re new to the job and need to work with someone more experienced for a while.

The Registrar will tell you in writing if you can have a licence. If you get a limited or provisional licence, they’ll explain why. They’ll also tell you how much money you need to pay before you get your licence.

If you’re not happy with getting a limited or provisional licence instead of a full one, you can ask someone else to look at the decision again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407321.

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Immigration and citizenship > Visas Work and jobs > Job licenses Government and voting > Government departments
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18: Application for licence, or

"How to apply to become a licensed immigration adviser"

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20: Method of determining competence, or

"How the Registrar checks if you're good at your job"

Part 1 Regulation of immigration advisers
Licensing process

19Granting of licence

  1. The Registrar must grant a licence to an applicant if satisfied that—

  2. the applicant is not prohibited from registration under section 12(6) or 15; and
    1. having regard to the matters specified in sections 16 and 17 the person is fit to be licensed as an immigration adviser; and
      1. the person meets minimum standards of competence set under section 36; and
        1. the application complies with section 18 and is properly completed; and
          1. the applicant has paid the required amount of immigration adviser's levy (if any).

            1. When determining to grant a licence, the Registrar must determine whether the applicant is to be granted—

            2. a full licence; or
              1. a limited licence; or
                1. a provisional licence.

                  1. The Registrar may grant a full licence if satisfied that the applicant has overall competence in all areas of immigration advice.

                  2. The Registrar may grant a limited licence that authorises the applicant to provide immigration advice only in relation to specified matters, if satisfied that the applicant has competence only in relation to those matters.

                  3. The Registrar may grant a provisional licence that requires the applicant to work under the direct supervision of a fully licensed immigration adviser for 12 months or such other lesser period as may be specified by the Registrar, if satisfied that the applicant is a new entrant to the industry or that for any other reason supervision is required or appropriate.

                  4. The Registrar must notify the applicant in writing of the decision to grant a licence subject to the payment of any levy, and, if the decision is to grant a limited licence or a provisional licence, give reasons for that decision.

                  5. A notification under subsection (6) must also specify the amount of immigration adviser's levy payable (if any) before the licence will be granted.

                  6. An applicant has the right to appeal, under section 81, the Registrar's decision to grant a limited or a provisional licence (including the duration of a provisional licence), rather than a full licence.