“Immigration Advice” is defined in the Licensing Act as giving guidance or direction that is tailored specifically for a person’s circumstances, using the agent’s knowledge and/or experience of immigration.

“Immigration Advice” does not mean:

•    Education information or advice – for example, what courses of study are available in New Zealand
•    Employment information and advice – for example, skills shortages in New Zealand
•    Publicly available information – such as information found on Immigration New Zealand’s website 
•    Clerical work – for example, recording information on behalf and under the direction of another person.  This does not enable you to complete a form by yourself, but only fill in the form based solely on the information the applicant gives you. You cannot direct/advise the applicant on their answers.
•    Doing translations.

Directing a person to immigration policies publicly available on the INZ website is not providing immigration advice. 

However if a student asks what information they should put on an immigration application in order for it to be successful or asks what documents they need to provide, based on knowledge and experience, they are asking for immigration advice.  To provide this advice, the agent must be licensed.

There is a specific exemption from licensing in the IALA for people located offshore who provide immigration advice about student visas or permits only.  Therefore, people who provide information and advice offshore to students only do not require a licence.  This exemption does not allow the agent to give immigration advice on any other type of visa application.

It is an offence for agents to hold themselves out as an immigration adviser, when they are not lawfully allowed to give advice, for example, through claims made in their advertising or on websites.