TRAVEL agents are not
allowed to issue advice on
New Zealand visas. This is
according to the country’s
Immigration Advisers Licensing
Act, which prohibits unlicensed
individuals from offering advice
on visas.
New Zealand’s spokesperson
for the Ministry of Business,
Innovation and Employment
(MBIE), told TNW the ruling
applied to anyone giving advice
to clients who were planning
to visit short-term, move to
New Zealand permanently
or extend their stay in New
Zealand. NZ introduced visas
for SA travellers in November
last year (see TNW October
12, 2016).
The advisory notice on the
IAA website states that only
licensed immigration advisers
and people who are permitted
can offer visa advice. Those
who are permitted include
New Zealand lawyers,
Community Law Centre staff
and volunteers, Citizens
Advice Bureau staff and
volunteers, and Immigration
New Zealand.
What agents can’t do
According to the MBIE’s
spokesperson, agents may
not do the following if they
are unlicensed:
Advise a person on what
visa they qualify for;
Advise how best to answer
a question in an application
form;
Write a cover letter to
accompany certain visa
applications; or
Represent a person in any
other immigration matter.
What agents can do
Direct clients to the
Immigration New Zealand
and Immigration Advisers
Authority websites or to
a licensed immigration
adviser/permitted person;
Print out and provide a
client with information that
has been made publicly
available by the MBIE, for
example, resources on the
Immigration New Zealand
website.
“Accepting advice from
a non-exempt person or
unlicensed adviser will result
in a visa application being
returned by Immigration New
Zealand or being declined,”
says MBIE.
Those who are found
in contravention of the
Immigration Advisers Licensing
Act, could face a fine of up
to NZ$100 000 (R960 000),
and/or up to seven years’
imprisonment. At the time
of going to print, MBIE could
not give any details on how
they would prosecute a South
African travel agent who failed
to comply with the Act.
Applicants who have
received advice from an
unlicensed adviser can file a
complaint on the IAA website.
“People from all countries,
including South Africa, are
able to become licensed
New Zealand immigration
advisers, provided they follow
the application process,”
says MBIE. To find out more
about becoming a licensed
immigration adviser, agents
can visit the IAA website.
A register of licensed
advisers is also available on
the website, which lists eight
licensed advisers in South
Africa.