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ADVISERS MUST BE LICENSED By Lawrence JohnstonCOMPETENCY standards and a code of conduct that immigration advisers will have to meet in order to acquire and keep a licence, were released last month. Under a new law, anyone who provides advice about New Zealand immigration matters will have to be licensed, unless they are exempt. Announcing the rules, Immigration Minister Clayton Cosgrove said that release of the code and required standards meant that advisers would now know exactly what will be expected of them prior to applying for a license. They will be able to apply from May 4, with the deadline for applying being a year later - May 4, 2009 - for those who practice in New Zealand. Those who work outside New Zealand but who give advice about New Zealand immigration matters have an extended deadline of 4 May 2010. Mr Cosgrove said licensing would bring clear benefits for migrants and their communities and for honest, ethical advisers who want their professionalism recognised. "Before the Immigration Advisers Licensing Act was passed, anyone could call themselves an adviser, whether or not they were competent to give immigration advice. The actions of a few 'shonky' operators have seriously disadvantaged some migrants, as well as damaged the reputations of legitimate advisers. For those few, the writing is on the wall," he said. Licensing meant that people who wished to provide immigration advice would have to prove their expertise by meeting competency standards. Licensed advisers would also have to adhere to a code of conduct, which would increase industry-wide professionalism and ethical behaviour. Mr Cosgrove also said that the new law provided stiff penalties for fraudulent or unlicensed advisers. Licensed advisers breaching the code, could have their licence revoked or be fined up to NZ$10,000. Also, unlicensed people, caught providing immigration advice could be sentenced to seven years in prison, a fine of up to NZ$100,000, or both. "Migrants are making a big commitment when they choose to come to New Zealand. This government is serious about protecting them, as well as supporting immigration advisers who practice fairly and within the law," Mr Cosgrove said. Action not considered 'advice' and therefore exempt includes providing publicly available information, pointing a migrant to a website or directing someone to Immigration New Zealand or to a licensed adviser. Equally, providing translation or interpretation, or settlement services, will be exempt. If assistance does not go beyond these areas, or if an adviser qualifies for an exemption, a licence is not needed. |
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