Immigration Adviser Acting on Behalf of an Applicant

No immigration application or request may be accepted from an unlicensed adviser unless exempt; if accepted in error, it must be refused. Reinforces the Licensing Act requirement.

Status: active
Updated: 2026-04-28
Also known as: Licensed immigration adviserimmigration adviser
Sources: A18A18.1A18.5R2.44R2.44.1

At a glance

No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted by Immigration New Zealand (INZ), unless the adviser is exempt from licensing under the Immigration Advisers Licensing Act 2007. [A18]

If an application or request is accepted automatically, in error, or for any other reason, the application must be refused. [R2.44]

This rule applies at the acceptance stage: if the adviser is not licensed or exempt, the application is returned without assessment of its merits.

Definition

An immigration adviser means a person who provides immigration advice. Immigration advice:

means using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist, or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward; but
does not include:
- providing information that is publicly available, or that is prepared or made available by the Department; or
- directing a person to the Minister or the Department, or to an immigration officer, or a refugee and protection officer (within the meaning of the Immigration Act 2009), or to a list of licensed immigration advisers; or
- carrying out clerical work, translation or interpreting services, or settlement services. [A18.5]

An immigration adviser can act as an agent on behalf of their immigration client. 'Agent' means any individual authorised to act on behalf of the applicant or registrant or sponsor or employer. It includes, but is not limited to, lawyers, consultants and representatives. [A18.5]

When acting on behalf of an applicant, INZ must verify that the adviser holds a current licence issued under the Immigration Advisers Licensing Act 2007, or falls within a statutory exemption, before accepting the application or request. If the adviser is unlicensed and not exempt, the application is treated as invalidly lodged and must not be processed. [A18]

Application in decisions

Immigration officers apply this rule at the point of lodgement. When an application or request is received, the officer checks:

Whether a named adviser is acting on behalf of the applicant, and
Whether that adviser is licensed (or exempt).

If the adviser is unlicensed and no exemption applies, the officer refuses to accept the application. The applicant may re-lodge the application themselves or through a licensed or exempt adviser. The merits of the application are not considered at that stage. [A18]

If an application is accepted in error (for example, an unlicensed adviser's status was not detected), the officer must refuse the application upon discovery. [R2.44]

Interpretation & edge cases

Who is an immigration adviser?

Under INZ instructions, the statutory definition above applies. Any person who provides immigration advice as defined in A18.5 is an immigration adviser, regardless of location or whether a fee is charged. INZ does not assess the quality of the advice; it only checks the licence status. [A18.5]

Exemptions

Under INZ instructions, the following persons are exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007: [A18.1]

a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee;
a Member of Parliament or their staff who provides immigration advice as part of their employment agreement;
a foreign diplomat or consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971;
an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement;
a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand and employees of lawyers and incorporated law firms;
a person employed by or working as a volunteer for a New Zealand community law centre where at least one lawyer is on the employing body of the community law centre or is employed by or working as a volunteer for the community law centre in a supervisory capacity;
a person employed by or working as a volunteer for a New Zealand citizens advice bureau; and
a person who provided immigration advice offshore in relation to applications or potential applications for student visas only.

These exemptions are set out in section 11 of the Immigration Advisers Licensing Act and are reflected in INZ operational manual at A18.1. INZ officers rely on these listed exemptions when checking an adviser's status at lodgement. [A18.1]

Updated exemptions from R2.44.1 (effective 04/04/2025)

From 4 April 2025, R2.44.1 provides an updated list of exempt persons. [R2.44.1] The list is largely the same, except point 8 is revised to read:

a person who provides immigration advice offshore in relation to applications or potential applications for temporary entry class visas with conditions authorising study in New Zealand only.

The full list under R2.44.1 now reads: [R2.44.1]

a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee;
a Member of Parliament, or their staff, who provides immigration advice as part of their employment agreement;
a foreign diplomat or consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971;
an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement;
a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand and employees of lawyers and incorporated law firms;
a person employed by or working as a volunteer for a New Zealand community law centre where at least one lawyer is on the employing body of the community law centre or is employed by or working as a volunteer for the community law centre in a supervisory capacity;
a person employed by or working as a volunteer for a New Zealand citizens advice bureau; and
a person who provides immigration advice offshore in relation to applications or potential applications for temporary entry class visas with conditions authorising study in New Zealand only.

Immigration officers must apply this updated list from the effective date. [R2.44.1]

Effect on the applicant

An applicant who uses an unlicensed adviser may have their application rejected even if the application itself is complete. Applicants are encouraged to verify the licensing status of any adviser they intend to use before engaging them.

Relationship to other instructions

This rule applies to all visa types and requests. It is a threshold requirement, separate from the substantive criteria for any visa. Other instructions may impose additional character or provision of information requirements on representatives, but A18 establishes the baseline gatekeeping function.