Licensed Immigration Adviser (LIA)
A licensed immigration adviser is someone legally permitted to give New Zealand immigration advice. Under the Immigration Advisers Licensing Act 2007, anyone who gives advice on New Zealand immigration matters must be licensed or exempt. Advising without a licence carries up to NZD $100,000 and 7 years' imprisonment.
Quick Facts
| Detail | |
|---|---|
| Governing law | Immigration Advisers Licensing Act 2007 |
| Core rule | Anyone giving New Zealand immigration advice must be licensed or exempt |
| Penalty — advising unlicensed | Up to NZD $100,000 fine and/or 7 years' imprisonment |
| Penalty — falsely claiming to be licensed | Up to NZD $10,000 and/or 2 years' imprisonment |
| Penalty — employing an unlicensed adviser | Up to NZD $10,000 and/or 2 years' imprisonment |
| Regulator | The Immigration Advisers Authority |
| Public register | https://app.mbieregisters.govt.nz/iaa/ui/start/searchForAnOccupationalRegistration |
Why it matters
New Zealand regulates immigration advice more tightly than most countries, and the penalty for getting it wrong falls on the adviser, not the migrant. Seven years' imprisonment for unlicensed immigration advice is severe by international standards.
For a migrant, that regulation is protection. A licensed adviser is bound by a Code of Conduct set by the Authority, must meet competency standards, must charge fees that are fair and reasonable, must be honest and professional, and must provide ongoing, timely updates. If they fail, there is a complaints process and a disciplinary tribunal that can cancel a licence or order a refund of fees.
An unlicensed agent offers none of that. There is no Code, no standard, and no body that can order your money back. The regulation exists because unlicensed advice caused real harm, and it still does.
Who is exempt
Not everyone who helps with an application needs a licence. INZ publishes a complete exemption list:
| Exempt | Scope |
|---|---|
| Lawyers | Holding current practising certificates as a barrister, or barristers and solicitors of the High Court of New Zealand. Employees of lawyers and of incorporated law firms are also covered |
| Community Law Centre staff | Employees and volunteers, where one or more lawyers sit on the employing body or supervise the work |
| Citizens Advice Bureau staff | Employees and volunteers of a New Zealand CAB |
| Offshore advice on student visa applications | Anyone giving immigration advice about student visa applications from outside New Zealand |
| MPs and their staff | Where providing immigration advice is part of their employment agreement |
| New Zealand public servants | Where it is part of their employment agreement |
| Foreign diplomats and consular staff | Under the Diplomatic Privileges and Immunities Act 1968 and the Consular Privileges and Immunities Act 1971 |
| Informal advice | Given in an informal or family context, not systematically and not for a fee |
The offshore exemption is the trap. It covers student visa applications only. It is not a general "offshore advisers are exempt" rule. An offshore agent advising on a work, visitor or residence application is not exempt and must be licensed. A great deal of material aimed at education and migration agents still describes it as broader than it is.
What is not immigration advice
INZ also publishes what falls outside the regime entirely. You do not need a licence if you only:
- provide generic information — INZ's example is generic information from its own website
- submit an application on someone's behalf using only information they gave you
- tell someone to get advice from someone who can legally give it, for example by pointing them to the register
- carry out clerical work as an employee of a licensed adviser or a lawyer
- provide translation or interpreting services
- help migrants settle into community life, such as finding a school or a home
This site sits in the first category. It publishes general information about what the published rules require. It does not assess anyone against them, and it does not tell any individual which option to take. That line — general information on one side, tailored advice on the other — is the whole distinction the Act turns on. See what counts as immigration advice.
How to check a licence
The register is at https://app.mbieregisters.govt.nz/iaa/ui/start/searchForAnOccupationalRegistration, linked from the Immigration Advisers Authority's own site.
Check the name against the register before paying anything. Falsely claiming to be licensed is itself an offence carrying up to $10,000 and 2 years' imprisonment, which tells you how common the claim is. Practical guidance is at how to check an adviser's licence and how to find a licensed immigration adviser.
What people get wrong about it
"Free advice does not need a licence." The Act applies whether or not advice is given for gain or reward. Being free is not a defence.
"Offshore agents do not need a licence." Only for student visa applications. Everything else requires a licence.
"My employer's HR team can advise me." Employers may complete an application on someone's behalf using only the information the applicant supplied. They may not provide immigration advice. Employing an unlicensed adviser is itself an offence.
"A lawyer and a licensed adviser are the same thing." They are different professions with different regulators. Lawyers are exempt from the licensing regime and regulated by the New Zealand Law Society instead. See immigration adviser vs immigration lawyer.
"An adviser can guarantee an outcome." No one can. An adviser who guarantees a visa is telling you something no licensed professional can honestly say, and it is a common feature of scams. See immigration scams to avoid.
Frequently Asked Questions
What is a licensed immigration adviser in New Zealand?
Someone licensed by the Immigration Advisers Authority to give New Zealand immigration advice. Licensing is mandatory under the Immigration Advisers Licensing Act 2007 unless a person falls within a published exemption.
What is the penalty for giving immigration advice without a licence?
Up to NZD $100,000 and/or 7 years' imprisonment. Falsely claiming to be licensed, and employing an unlicensed adviser, each carry up to NZD $10,000 and/or 2 years' imprisonment.
How do I check if an immigration adviser is licensed?
Search the public register at https://app.mbieregisters.govt.nz/iaa/ui/start/searchForAnOccupationalRegistration, which is linked from the Immigration Advisers Authority's own website. Check before you pay anything.
Do lawyers need an immigration adviser licence in New Zealand?
No. Lawyers holding current practising certificates, and barristers and solicitors of the High Court of New Zealand, are exempt — as are employees of lawyers and of incorporated law firms.
Are overseas immigration agents exempt from New Zealand licensing?
Only for student visa applications. The offshore exemption is limited to that one category. An offshore agent advising on work, visitor or residence applications must be licensed.
Is publishing general immigration information the same as giving advice?
No. INZ states expressly that providing generic information is not immigration advice. The regime targets tailored advice about an individual's circumstances. That is why this site explains what rules require without assessing whether any reader meets them.
