The Auckland Times | Issue 171 | July 28, 2017

Immigration, Immigration and Immigration is the order of the day. Political rhetoric and what is actually happening on the Immigration New Zealand front. If there ever has been a time of uncertainty, it is now. Uncertainty for all stake holders – clients, for those practicing in this area, employers, staff of Immigration New Zealand and so on. The immigration scene is definitely changing and becoming leaner all round.Immigration, Immigration and Immigration is the order of the day. Political rhetoric and what is actually happening on the Immigration New Zealand front. If there ever has been a time of uncertainty, it is now. Uncertainty for all stake holders – clients, for those practicing in this area, employers, staff of Immigration New Zealand and so on. The immigration scene is definitely changing and becoming leaner all round.

For the immigration service provider, days are long gone when they could greatly profit by dangling a carrot of an empty promise of a guaranteed visa, provision of mediocre service together with an attitude that the provision of immigration service was just a form-filling exercise.

As a client, being educated and doing your home work in this area will become an important contributory factor towards achieving a successful outcome. It is an environment that is merciless and a clueless approach will only breed disaster. Be careful of sharks and those that see the provision of immigration service as a money-making exercise. Avoid them! These types promise the earth but fail to deliver miserably.

We have many clients visiting our offices not knowing the distinction between Immigration Advisors and Lawyers, in fact referring to immigration advisers as lawyers, not understanding that these are different regulated groups.

People have very little knowledge that we lawyers are exempted from the immigration adviser licensing regime. This was a shocking discovery for them, and we found this particularly with those that were Indian Nationals.
It is of course important to understand which category your immigration representative falls under.

As Lawyers our expertise and training is gained through a rigorous education platform that requires 4 years of academic study at University, the professional training and then admission to the High Court of New Zealand as a Barrister and Solicitor. Lawyers are regulated by the New Zealand Law Society (NZLS). Once a person has acquired a practicing certificate only then can they refer to themselves as a Lawyer. Furthermore, one cannot set up a law firm unless one has worked for a law firm for at least three years and only if one has undertaken and passed further exams, and upon application to the NZLS. Lawyers also have a duty to comply with the NZLS rules of conduct and client care and there is a complaints regime that exists for disciplinary processes.

The Immigration Adviser course is a 6-month course after which you are required to work under supervision before you can have a full immigration adviser license. This regime is regulated by the Immigration Advisers Authority and a Registrar oversees it. There is a code of conduct regime that is to be complied with and there is a complaints regime that exists for disciplinary process.

Furthermore, it is known in the immigration industry that some Immigration Adviser companies are passing themselves off as having Lawyers working for them who can provide services to and provide immigration advice clients. This is incorrect, because this is not possible.

To provide immigration advice a person must elect whether to be either a Lawyer or an Immigration Adviser. The two categories cannot be intermingled in the context of providing immigration advice to the client. Immigration Advisers cannot employ lawyers to provide immigration advice to clients.

The Joe Blogs on the street is, however, none the wiser. This, in intellectual property terms, is called passing off.

The distinction between Lawyers and Immigration Advisers will become more important with the changing scene in the field of Immigration. It will become relevant since certain regulated work can only be undertaken by Lawyers. As compliance work increases, this in turn will mean Lawyers’ representation will be required at Warrant of Commitment matters and Court representations. In this current environment, understanding this distinction is crucial particularly for the client. They need to understand with which professional they are dealing with and what their ambit of ability is.

Further things to note will be knowing that there is a difference between visa types and therefore corresponding requirements. Most importantly, understanding the risks associated with the choices that are made is paramount.

Treating the provision of immigration service like a fish market where you assess representation based on who is giving you the most discount, who has the most window dressing and being uneducated about your choices, then you do so at your peril!

We are in times where a prudent, educated and responsible approach is the only order of the day.