April 3, 2017
Internal Administration Circulars (IAC) of Immigration New Zealand (INZ) provide information for immigration staff on procedural and process issues.They generally provide clarity of the instructions contained within the INZ Operational Manual.
Few of the important points of INZ Internal Administration Circular No 16/02 regarding Immigration Advice are reproduced here for your easy comprehension.
When can a person who is not licensed or exempt is deemed to have given immigration advice?
A person is providing immigration advice if:
- The person is using or purporting to use knowledge of, or experience in, immigration; and
- The knowledge or experience is used to advise, direct, assist or represent another person (whether or not for gain or reward); and
- The advice, direction, assistance or representation (whether directly, or indirectly) is provided in regard to an immigration matter relating to New Zealand.
Who cannot give immigration advice?
Employers, recruiters, education providers and travel agents/sellers are not permitted to provide immigration advice, unless licensed or exempt.
They may complete an applicant’s form under the applicant’s direction, but cannot use their knowledge or experience to give the applicant advice about any immigration matter, such as:
- What supporting documents they might need.
- How they should answer a question in the form.
- How they should answer any follow-up questions from INZ.
- What type of visa they may be eligible for at a later date.
When does INZ have reasonable grounds to believe that someone other than the applicant or a licensed or exempt immigration adviser has given immigration advise?
If someone other than the applicant or a licensed or exempt immigration adviser is listed as the contact for communication, that person must not provide immigration advice.
Immigration New Zealand may have reasonable grounds to believe that a contact for communication who is neither licensed nor exempt is providing immigration advice if:
- The contact for communication makes a substantial request or submission on behalf of a client, such as requesting an extension to a deadline or responding to concerns around Potentially Prejudicial Information (PPI).
- The contact for communication has previously provided immigration advice.
- The contact for communication’s website/advertising contains immigration advice, or claims that the contact for communication is an immigration adviser.
- The client or a third party informs INZ that the contact for communication has provided immigration advice.
- Media reports, websites or other sources claim the contact for communication is an immigration adviser.
- A travel agent is unable to produce evidence of having arranged flights and/or accommodation.
- An unlicensed offshore student visa immigration adviser submits an application for a visa other than a student visa.
Ref :Policy and Law – www.immigration.govt.nz
Vandana Rai is a Senior Licensed Immigration Adviser and has built a reputation around her rare set of skills, which could be considered ideal for her legal profession.