The Registrar of the Immigration Advisers Authority Barry Smedts; the Chief Executive of the Department of Labour, Christopher Blake; the former Minister of Immigration, the Hon Aussie Malcolm; Peter Cotton, the Director of RMS Refugee Resettlement; Richard Howard, the Chair of the New Zealand Association for Migration and Investment; the Acting Chief Executive of the Citizens Advice Bureau, Ken Spencer; members of the immigration advisory industry; migrant community representatives: special guests; ladies and gentlemen.

Good afternoon and a warm welcome to you all.  I am pleased to be here today to officially launch the licensing of Immigration Advisers in New Zealand. 

This is an important step for New Zealand.  Immigration is critical to New Zealand’s economy.  Migrants drive innovation, give our businesses international connections, and provide a range of skills to transform our economic landscape.

Immigration has also long been a cornerstone of our national identity, enhancing our social and cultural diversity, strengthening families and communities and promoting New Zealand's international interests.  

New Zealanders recognise this and see immigration as a vital part of our culture. However, they also look to the government to manage the risks inherent in the immigration industry.

Getting to today’s launch has taken some time.  Over a number of years, concerns had been raised about the varying quality of immigration advice being given to prospective migrants.  Many cases were reported of migrants and refugees who had been seriously disadvantaged through poor or fraudulent immigration advice. 

The idea of licensing Immigration Advisers was first formally mooted in June 2000. Research was then undertaken by the government, followed by consultation with the industry during 2003 - 2004. Following this, the Immigration Advisers Licensing Bill was put before the House in June 2005 and passed into law in May 2007. 

Under the new law, anyone who provides advice about New Zealand immigration matters will have to be licensed (unless they are exempt).  By making Immigration Advisers a regulated profession, the Act seeks to protect new and potential migrants. It also supports Advisers who work ethically and within the law, and therefore enhances the reputation and integrity of New Zealand’s entire immigration system.  

I cannot stress enough what an important change this is for the whole sector.  Before the new law was passed, anyone could call themselves an Adviser, whether or not they were competent to give immigration advice.  The actions of some dodgy operators caused serious harm to a number of migrants, and these “cowboys” also damaged the reputations of legitimate, professional Advisers. 

The types of offences committed by these cowboy operators were serious. A Department of Labour report identified problems such as the lodging of unfounded/abusive refugee status claims without the client's knowledge; inaccurate advice about immigration policy leading to poor and costly decisions; the theft of money and documents; the failure to lodge applications and appeals; the failure to pass on information from the Department to the client, and Advisers knowingly submitting false information or fraudulent documents to the Department. 

Some applicants suffered serious financial loss due to high fees and unsuccessful settlement in New Zealand.  Some also suffered damage to careers, family dislocation, significant personal hardship and were unable to gain approval to re-enter New Zealand.  The cumulative harm caused was in many cases significant, and irreversible in others.

The government’s move to stamp out these unscrupulous agents benefits us all. 

Migrants are making a huge commitment when they uproot their lives and decide to apply to make New Zealand their new home. It is not an easy decision to distance yourself from your family and friends, and all you hold dear. And although we know we live in the best country in the world, our relative geographic isolation and small size can be a daunting prospect for some migrants.   

Given those challenges, the last thing you want to worry about is whether or not your Adviser knows what he or she is talking about.

People who choose to live and work in New Zealand deserve certainty about the immigration advice they receive.  They need to know that they will get correct and relevant information, and that their best interests will be served. Licensing will help make that happen. 

Licensing will also ensure that Advisers are supported so that they can give their clients the sound advice and professional service they deserve. To get and keep a licence, Advisers will have to prove their immigration expertise by meeting competency standards.  Licensed Advisers will also have to adhere to a code of conduct, which will increase industry-wide professionalism and ethical behaviour.

The new law provides for stiff penalties for fraudulent or unlicensed Advisers. Licensed Advisers who break the law can have their licence revoked, be fined up to $10,000 and jailed for up to two years.  Unlicensed people who are caught providing immigration advice can be sentenced to up to 7 years in prison and/or be fined up to $100,000. The Act also allows the courts to award reparation to victims. It all adds up to an accessible, transparent avenue of redress for migrants and a high level of protection for Advisers who practise fairly and within the law. 

Clearly, licensing is going to be of real benefit to migrants, our communities and honest, ethical Immigration Advisers who want their professionalism recognised.  Immigration Adviser licensing offers consumers protection and support for true industry professionals, and I am proud to be the Minister responsible for this very positive change. 

It is with great pleasure that I officially launch the Immigration Advisers Authority.

Chair of the New Zealand Association for Migration and Investment Inc (NZAMI), Richard Howard, welcomes the release of industry competency standards and a code of conduct for Immigration Advisers.

Licencing will provide Immigration Advisers with public professional accreditation that they have met, and continue to meet, robust industry standards to practice immigration work. It will also, importantly, allow prospective migrants to select an Adviser from a register of licensed Advisers and to have justifiable confidence in the ability of that Adviser to provide expert professional advice and assistance with their immigration requirements.

Although applications for a licence can be made to the Immigration Advisers Authority from 4 May 2008 it is from 4 May 2009 that everyone working in New Zealand as an Immigration Adviser must be licensed (unless they are exempt). Overseas based Advisers who give New Zealand immigration advice will have to be licensed from 4 May 2010.

Mr Howard said that competency standards and a code of conduct are important elements in raising the level of professionalism in the immigration advice industry.

“Previously, anyone could set themselves up in business as an Immigration Adviser and many people have done so without any significant expertise or experience in the field.”

“To become licensed, Advisers will now have to prove their knowledge and experience in immigration work by meeting a range of competency standards. In addition, Advisers must meet an English standard, be committed to ongoing professional development and adhere to a code of conduct. While there are already a number of highly competent and very experienced practising advisers these licencing requirements will serve to raise the overall level of professionalism and expertise throughout the sector.”

Mr Howard also noted a number of challenges associated with the introduction of adviser licensing. These include:

• The actual number of immigration advisers who will be able to meet the licensing standard and who decide to become licensed. Smaller businesses or part time advisers may reconsider their ongoing involvement in the industry.

• Implications for people who provide immigration advice within their workplace. HR Managers and recruitment agents, District Health Boards and other large employers who undertake offshore recruitment, and tertiary institutions in New Zealand who assist international students with student and graduate work permits, may all be affected.

• Practical issues surrounding the assessment and regulation of offshore advisers. 

• Concerns that the competency standards required of licensed advisers may differ from that required of lawyers undertaking the same work - as lawyers are not required to be licensed

• The willingness and ability of the Authority to take enforcement action against those who transgress.

“Notwithstanding these challenges the NZAMI welcomes the introduction of the licensing legislation and is working closely with the Immigration Advisers Authority to ensure its smooth and successful introduction this coming May.”

The professional standards and code of conduct that Immigration Advisers will have to meet in order to get and keep a licence have been released today, said the Immigration Minister Clayton Cosgrove. 

Under a new law, anyone who provides advice about New Zealand immigration matters will have to be licensed (unless exempt). Today’s release of the code and industry competency standards means that Advisers now know exactly what will be expected of them prior to applying for a license from 4 May 2008.

Mr Cosgrove said licensing brings clear benefits for migrants, their communities and honest, ethical Immigration 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.”

“Licensing means that people who wish to provide immigration advice will have to prove their expertise by meeting competency standards. Licensed Advisers will also have to adhere to a code of conduct, which will increase industry-wide professionalism and ethical behaviour.”

Mr Cosgrove also said that the new law provides for stiff penalties for fraudulent or unlicensed Advisers.

“Licensed Advisers who breach the code of conduct can have their licence revoked or be fined up to $10,000. Unlicensed people who are caught providing immigration advice can be sentenced to 7 years in prison, a fine of up to $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.”

Immigration Advisers who practice in New Zealand will have to be licensed from 4 May 2009. People who work offshore but give advice about New Zealand immigration matters will need to be licensed by 4 May 2010.

Licensing is managed by the Immigration Advisers Authority, a statutory body that is hosted within the Department of Labour, but runs independently from the Department’s day-to-day immigration functions.

The competency standards and code of conduct for Immigration Advisers are available on the Immigration Advisers Authority website (www.iaa.govt.nz)

Background Information

What does this new law mean in practice?
Under the Immigration Advisers Licensing Act, anyone who gives immigration advice about New Zealand immigration matters will need to be licensed, unless exempt. However, there is a range of things one can do to assist migrants that is not considered “advice” (such as providing publicly available information, pointing a migrant to a website, directing someone to Immigration New Zealand or to a licensed Adviser, translation or interpretation, or settlement services). If assistance does not go beyond these areas, or if you qualify for an exemption, a licence is not needed.

Who is exempt from having to be licensed?
Certain people will be exempt from licensing, but can still provide advice. These include:
• People who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee
• Current members of Parliament and their staff who provide immigration advice within the scope of their employment agreement
• Foreign diplomats and consular staff accorded protection under certain Acts;
• Public service employees who provide immigration advice within the scope of their employment agreement
• Lawyers
• People working (either employed or volunteers) for community law centres, where at least one lawyer is involved with the centre
• People working (either employed or volunteers) for Citizens Advice Bureaux
• People who provide immigration advice offshore who advise on student visa and permit applications only
• People exempted by Regulations
Others might be prohibited or restricted from becoming licensed, such as someone convicted of an offence against the Immigration Act or an undischarged bankrupt.

Why is this new law to license immigration advisers needed?
Before the new law was passed, anyone could call themselves an Adviser, whether or not they were competent to give immigration advice. The actions of a small number of poor practitioners have seriously disadvantaged some migrants, as well as damaging the reputations of legitimate Advisers.
By making Immigration Advisers a licensed, recognised profession, migrants can trust that they will be provided with the correct and best information, whether they receive it directly from Immigration New Zealand or from an Adviser. As well as protecting migrants, the new law protects Advisers who are above board and practice fairly. Licensing will help ensure that they give their clients sound advice and professional service. The law also supports new continuing professional development programmes and recognition of their work as a regulated profession.

What are examples of problems/issues that highlighted the need for this law?
A report by the Department of Labour appraising the immigration advice industry identified complaints about immigration advisers, including:
• lodging unfounded/abusive refugee status claims without the client's knowledge
• inaccurate advice about immigration policy leading to poor and costly decisions
• theft of money and documents
• failing to lodge applications and appeals
• failing to pass on information from the Department to the client
• knowingly submitting false information or fraudulent documents to the Department

In some cases of incompetent or unethical practices by an adviser, applicants suffered serious financial loss due to high fees and unsuccessful settlement in New Zealand. Some also suffered damage to careers, family dislocation, significant personal hardship and were unable to gain approval to re-enter New Zealand. The cumulative harm caused was in many cases significant, and irreversible in others.

Early in 2007, the Immigration Advisers Licensing Act established the Immigration Advisers Authority (IAA), an independent Authority that will administer the licensing process for Advisers both on-shore and off-shore. Visit the IAA website to learn more.

In her cabinet re-shuffle announced on Wednesday 31 October 2007, Prime Minister Helen Clark announced that Hon. Clayton Cosgrove becomes Minister of Immigration. 

Hon. David Cunliffe has been promoted to Minister of Health and Shane Jones is Associate Minister of Immigration.

Nomoskaar! And greetings to you all.

It is a pleasure to be here this evening among new friends, to quote the famous Bangladeshi poet, Rabindranath Tagore: "Depth of friendship does not depend on length of acquaintance". This is true of the relationship between Bangladesh and New Zealand. We have a good relationship with Bangladesh which dates back to the founding of the country just a short time ago in 1971.

New Zealand was one of the first countries to welcome Bangladesh into the international community 36 years ago, and while interaction is limited, relations between New Zealand and Bangladesh are good. Perhaps helped along by the common interest we share - cricket! The Bangladeshi team provides the New Zealand cricket team with some good competition!

New Zealand is a nation shaped by migration. The Bangladeshi community in New Zealand is small but like all migrants you play an important role by contributing your knowledge and skills to our communities and our economy. New Zealand's identity is evolving as progress through the 21st Century - we are a modern multi-ethnic, multi-cultural Pacific nation.

Immigration plays a vital role in the government's goal of transforming New Zealand's economy to a dynamic, knowledge-based economy and society, underpinned by the values of fairness, opportunity and security.

Immigration also brings with it other resources for transformation: capital, technology and skills transfer, and access to international networks.

With a population base of around 150 million, and a relatively small Bangladeshi community here in New Zealand it would seem that there are opportunities to expand that community through our immigration policies which I will speak about shortl y.

Labour migration from Bangladesh to New Zealand has been small but stable. I hope we can encourage more skilled labour to New Zealand through our new immigration policies.

To sustain the economy and the growth we want, we need the skills, investment and the international connections that migrants can bring.

And to maintain a society and an economy that will continue to allow a decent lifestyle for people of every age group, we need to maintain and grow our working-age population. This can be achieved, in part, through immigration.

Immigration is not a panacea from the problem of an aging population, on the drive to a high-skill economy. However, in our view it is a necessary component of solutions to both challenges.

Unfortunately, immigration's contribution is not automatic. It requires an immigration policy that is not passive but active; that goes out and recruits the people we need most.

Like many other nations, we are short of the workers and skills we need. Immigration is one way of addressing the critical skills shortages we are currently seeing in many professions from IT professionals to trades people. In fact, one third of small businesses tell us that labour shortages are their biggest barrier to growth.

The Immigration Change Programme will assist us to get the skilled workers we need to contribute to achieving our goal of economic transformation.

Immigration Change Programme 

The Immigration Change Programme will deliver three S's - skills, security, and settlement.

We also need to ensure that those people who do come to New Zealand integrate well into society. These competing priorities form the backbone of the Immigration Change Programme.

There are three pillars to this programme - the Immigration Act, Immigration Policy Framework and Immigration Business Transformation. These three pillars form a cohesive, integrated Change Programme. This programme has three components:

. developing a strong legislative f oundation
. repositioning the policy framework, and
. implementing a new model of service delivery.

We are confident that this programme will deliver New Zealand the skills, security, and settlement we need now and in the future. In fact, we are already seeing some positive results.

We have had good feedback from employers of skilled migrants which shows that 81 per cent of employers were impressed with the performance of their skilled migrant staff. Our research also tells us that 90 per cent of skilled migrants were either "satisfied" or "very satisfied" with their lives in New Zealand.

The other part of the programme many of you will be interested in is settlement. Attracting and retaining skilled migrants is crucial to the Labour-led Government's vision for this country. But sometimes we forget that migrants need support through the settlement process. I'll come back to our settlement programme later.

Immigration Bill 

The Immigration Bill will replace an Act that dates back to 1987. The main aspects of the Bill are:

. Simpler visa system - instead of having visa, permit and exemption, the word visa covers people's permission to travel to, and stay in New 
   Zealand

. Single protection system - includes immigration-related international obligations under the Refugee Convention, the Convention Against 
  Torture and International Covenant of Civil and Political Rights

. Single appeals tribunal - the four appeal authorities will be amalgamated into a single Immigration and Protection Tribunal

. Biometrics - provision to require biometric information from citizens and non-citizens

. Simpler deportation system - 'removal', 'deportation' and 'revocation' will be rolled into one system

. Updated compliance powers - provision for specially trained and warranted Immigration Officers (who may also be Customs Officers) to 
  exercise the functions necessary to do their job

. Monitoring and detention - a tiered response to manage risk and to reduce the need for court intervention and secure detention. There will 
  also be a four hour detention power for specially trained and warranted Immigration Officers

. Third party incentives - obligations on third parties will not change under the new legislation but the incentives to comply with those 
  obligations will, and

. Classified information - enables classified information to be used in immigration 
  and refugee and protection decision-making, with clear and appropriate safeguards for the information and for the non-citizen.

Policy Framework 

In addition to the Immigration Bill, we are implementing an aggressive policy reform programme. This year I have made announcements about changes to number of aspects of immigration policy, including a new Immigration Policy Framework. It is important that our immigration legislation continues to provide flexibility, so the framework legislation will be fleshed out by the relevant policies.

This includes reviews of seasonal work policy, work to residence, the Skilled Migrant Category, the Investor policy, Family policy, and student policy.

Active Investor Migration 

Earlier I mentioned the government's goal of transforming New Zealand's economy. In doing this we must also consider the competitive international market we are operating in.

Active Investor Migration is an area we have focused on to assist with this. We have made some very substantial reforms to previous policy in this area.

We have substantially shifted the investor migrant policy toward active investment in real businesses and employment. This should expand productivity and economic capacity, more than demand, while being appropriate for current economic conditions

The new Active Investor Migrant policy is firmly focused on investment in New Zealand's economy, to the benefit of all New Zealanders.

International Education 

New Zealand needs to be competitive while maintaining the integrity of the immigration system.

I have just announced changes to our student immigration policy which will further promote this competition and contribute to economic growth.

The changes are aimed to encourage students to stay on in New Zealand after they have completed their studies allowing them to contribute to our skills and knowledge base.

Family Policy 

I have also announced changes to our immigration family policy. These changes will make it easier for family members to visit their children and grandchildren in New Zealand.

From November a new multiple visitor's visa will allow parents or grandparents to make multiple visits over a three-year period without having to apply for a visa each time.

Changes have also been made to sponsorship of parents, adult children and siblings in the family residence categories. This includes establishing quota places for the sponsorship of parents, adult children, and adult siblings to come to New Zealand as permanent residents

These changes recognise the important role that we believe families play in New Zealand life and supporting those families is important to the New Zealand government.

Revised Settlement Strategy 

We are supporting migrant families in other ways too. As I mentioned earlier, settlement is one part of the Immigration Change Programme.

Earlier this year I launched the Revised New Zealand Settlement Strategy. This Strategy provides over-arching framework for more specific national and regional initiatives. It is key to both attracting and maintaining skilled migrants.

The Government's settlement work continues to focus on working collaboratively with central and local government agencies, non-government agencies and community groups.

We are implementing a range of initiatives in the short and long-term future. For example, we will be developing resources for teaching and learning in literacy, numeracy, and language to support people in their chosen careers and day-to-day life. We will also be supporting existin g and future migrant and refugee communities by providing advice on effective capacity building within communities and promoting mechanisms for sharing good practice.

Conclusion 

Immigration is essential to both economic transformation and to our national identity.

Immigration assists us to build a nation which has explicit values. It contributes to the type of nation we are. With immigration, as in any other policy area, there are challenges to be addressed which we are doing through many of the initiatives and policies I have mentioned today.

New Zealand is a strong and vibrant multi-cultural nation. Without immigration our uniqueness would be lost. We are, after all, building a country that our children and grandchildren can be proud of.

28 August 2007

Media Release 

Barfoot & Thompson is reinforcing its commitment to working with Auckland’s ethnic communities by becoming the official real estate partner of the New Zealand Association for Migration and Investment (NZAMI).

NZAMI is the professional association for migration advisers and those who access their services. Its members advise on New Zealand immigration policy and settlement services available to new migrants.

Auckland is home to New Zealand’s most ethnically diverse population and Barfoot & Thompson is proud to have a similarly diverse team of salespeople with more than 37 different ethnicities represented.

Director Peter Thompson says, “The role of honour for our top 10 salespeople in the year to March includes 7 who were born outside New Zealand and have migrated here. Not only have we helped a number of new migrants establish very successful real estate careers, we have also helped countless migrant families find their first home in this city.”

“We have a clear goal to maintain our position as the real estate company of choice in Auckland and that includes being the real estate company of choice for the city’s many ethnic communities. Becoming a business partner of NZAMI reflects our commitment in this area and will be supplemented by a range of other activities aimed to engage and involve Auckland’s ethnic communities.”

NZAMI Chairman Richard Howard says, “We’re delighted to have Auckland’s leading real estate company on board as a business partner and look forward to developing a close and mutually beneficial working relationship with them.”

Barfoot & Thompson knows Auckland best. It is the city’s leading real estate company, selling around one in three Auckland residential homes, significantly ahead of all other competitor brands.

For further information, telephone 0800 BARFOOT or visit  www.barfoot.co.nz

The migration consultants' national organisation has welcomed changes to policy indicated today by the Minister of Immigration, the Hon. David Cunliffe.

However, the New Zealand Association for Migration and Investment (NZAMI) has questioned whether Mr Cunliffe's proposals will do much to combat the current drought in 'Active Investor' migration.

The NZAMI's Chairman, Bernard Walsh, describes the Minister's speech to the Auckland Chamber of Commerce, as notable for the emphasis placed on long-term, underlying objectives.

"We certainly welcome this emphasis, as, over the years, there has been far too much short-term thinking in the formulation of immigration policy and an unwillingness to harness it to our overall economic goals as a nation.

"Similarly, we welcome indications of change in Skilled Migrant policy and, particularly, the minister's commitment to a more flexible interpretation of what constitutes skilled employment.

"The abandonment of stringent English language tests and age limits for active investors are also sensible and necessary steps. However, these and other Active Investor Policy measures, will only have a chance of working, if taxation and investment policy are harmonised with immigration policy," he says.

"Even with the best possible policy mix, we would still need to be realistic over the levels of active investor migration we can attract, given the overall state and size of our economy, as compared with those of other potential migrant destinations.

"With only 18 successful applicants in the year to date under current investor policy, we clearly have a huge task ahead of us if we are to benefit substantially as a nation from the global market in active investor migration. The policy changes outlined by the Minister thus represent a very small step in the right direction.

"We would welcome discussions with Mr Cunliffe and his team over how to maximise the benefit to New Zealand of Active Investor Policy," Mr Walsh adds.

Intending skilled migrants coming to New Zealand under the Work to Residence policy will get more time to find a job, says Immigration Minister David Cunliffe.

“We have listened and acted on the considerable feedback from the migrant community regarding the time that some prospective migrants need to come here and find a skilled position,” the minister says.

"People granted Work to Residence permits under the Skilled Migrant Category (SMC) will, from 10 April, be given nine months instead of six to find a job. Overseas applicants will also be given an additional three months to get to New Zealand before that nine months begins.

“Another change means that skilled migrants who find a job will no longer need to work for three months prior to getting residence."

A transitional policy for those already in New Zealand on the Work to Residence permit has also been approved. Immigration officers will have the ability to waive some immigration fees after the Expression of Interest (EOI) stage.

“During a review of this policy we took on board feedback from a number of migrants and migrant groups who felt that the current policy was putting some at a disadvantage. We heard anecdotally of cases where people had excellent skills on offer, but just needed an extra few months to get a skilled job.

“The nine month period is a better balance between giving migrants a decent chance to prove themselves, while also ensuring they have what’s needed by Kiwi employers.

“We certainly don’t want to miss out on those skilled people who have potential to make a real contribution at a time employers need skilled labour to move their businesses forward,” Mr Cunliffe says.

The Work to Residence policy is designed for those migrants who meet all the requirements of the SMC but need to prove their employability before being granted residence. Other approved SMC candidates who have New Zealand jobs or job offers generally receive residence straight away.

“The changes are part of a general review of our skilled migrant policies. Further changes will be announced in due course. Work is also underway to develop a new business model that will further enhance New Zealand’s ability to attract talented people from around the world."

Migration consultants are concerned their industry would be driven underground if a proposal to impose levies on it becomes part of the Immigration Advisers Licensing Bill currently before Parliament. “We have long advocated the lic

A press release by the NZAMI to the New Zealand media on proposals approved by cabinet for inclusion in a new Immigration Act