The Immigration Advisers Authority is aware that many migrants and migrant workers are keen to see tangible evidence that the Authority takes its role seriously in preventing unlicensed and not exempt people from giving immigration advice.
Because the Immigration Advisers Licensing Act is designed to protect the interests of people receiving immigration advice, and to enhance New Zealand’s reputation as a migration destination, the Authority is keen to hear from anyone who has come into contact with people who are not lawfully entitled to work in the immigration adviser industry.
The Authority welcomes information from anyone about people who may be committing an offence under the Immigration Advisers Licensing Act. Once they receive this information, it is immediately passed to the Authority’s investigations team.
There are a number of offences under the Act. Along with giving immigration advice while neither licensed nor exempt, it is also an offence to claim to be a licensed adviser if you are not, or to claim that you are able to give immigration advice, when you are not. It is also an offence to ask for payment in return for immigration advice if you are neither licensed nor exempt. A full list of the offences under the Immigration Advisers Licensing Act is available on the Immigration Advisers Authority website.
Of necessity, the majority of the Authority’s investigations work takes place out of the public gaze.
The investigations team takes into account the seriousness of the alleged offence, the weight of evidence available and any public interest considerations before deciding the next steps they will take.
“The more evidence that can be provided at the outset, the better our initial assessment can be,” Barry Smedts, Registrar of Immigration Advisers, said.
“For example, we are often given information that depends on a witness account. If the witness is unwilling to speak to us or provide evidence to support the allegation, it may be difficult for us to pursue this matter. However, the information may still be useful to us in gaining a picture of what some unscrupulous people may be up to.”
Mr Smedts confirmed that the Immigration Advisers Authority is not interested in any person’s immigration status, and welcomed all information about unlicensed and not exempt people who may be giving immigration advice.
Not all investigations will result in a prosecution. Educating people about what they can and can’t do is also important. If a person is warned about the Act and then gives immigration advice, they are then subject to “knowledge offences” which carry a heavier penalty. Knowledge offence penalties can be up to $100,000 fine, and/or seven years in jail.
The time that it takes for a case to be heard in court may vary. There are often significant time delays between when a person is charged and when they are convicted. During this time, the Authority is unable to comment on any aspect of the events leading up to the prosecution.