Printer-friendly VersionBarry Smedts
Barry Smedts
What is the Immigration Advisers Authority?
The Immigration Advisers Authority was established through the Immigration Advisers Licensing Act. This means that people giving immigration advice about New Zealand must be licensed, unless they are exempt. People like MPs, lawyers and citizens advice bureau volunteers are all exempt. Anyone else who gives immigration advice about New Zealand must be licensed, including people who live outside New Zealand.
Mandatory onshore licensing came into effect in 2009 and offshore licensing comes into effect on 4 May 2010, so everyone is getting used to having a licensing system. This is why the Authority works with individuals and migrant groups to spread the message that immigration advisers must be licensed.
Why do we need to license immigration advisers?
People leave their homes and make a fresh start in New Zealand for a wide range of reasons. Migrants have always had the ability to get immigration advice, but previously they couldn’t rely on the quality of the advice they received. There have always been good advisers – but there were also people who saw this line of work as an opportunity to make money at the expense of others.
Prior to licensing, some people paid huge sums of money to agents whose only interest was in getting hold of the money. If the migrant already had immigration difficulties – if, for example, they were overstayers – they would be too scared to complain to the authorities. Before the Authority came into existence, there was little the migrant could do to complain.
What exactly is your role?
As Registrar for the Immigration Advisers Authority, I am responsible for deciding who can hold an immigration adviser licence. I have to first consider whether they are fit and proper people to be licensed. Once I am satisfied they are, they must demonstrate that they meet the seven competency standards expected of a licensed adviser.
The competency standards relate to relevant qualifications, knowledge of immigration adviser licensing, knowledge of New Zealand immigration law and policy, ability to administer immigration applications and appeals, English language proficiency, professional and ethical business practices and continuing professional development.
I am also responsible for receiving and compiling complaints made about licensed advisers and can take enforcement action, including prosecution, against people who provide immigration advice without holding a licence.
What are the challenges you face?
Licensing is new for immigration advisers who deal with New Zealand. So the first challenge is to inform people who give New Zealand immigration advice, and to inform migrants, so they know that their advisers must be licensed, unless they are exempt. Immigration advisers can be anywhere in the world. If they are giving immigration advice about New Zealand, they have to be licensed, unless they are exempt.
We want to make sure that all advisers working in the New Zealand market reach the high professional standards we expect of them. These standards are set out in the code of conduct that all advisers are expected to meet. The aim of the Act is to promote and protect the interests of migrants and to enhance the reputation of New Zealand as a migration destination.
What are your priorities for the next year?
Migrants need to know that licensing is now a legal requirement for immigration advisers. If a migrant decides to get advice, they should only deal with a licensed adviser or exempt person. Immigration New Zealand will not accept applications from unlicensed immigration advisers. Then, if something goes wrong, there are avenues for redress.
We now have a large communications challenge to ensure migrants understand licensing. We must get the licensing message to migrants so they will only want to use a licensed adviser or otherwise exempt person when they need immigration advice.
Where can I find out more about the Authority?
www.iaa.govt.nz or call us on 0508 IAA IAA (0508 422 422).
Ethnic Whispers April 2010