4 Things To Know Before Giving Immigration Advice

This is part of my new monthly feature here on Laurent Lore. Every month I’ll be bringing you helpful facts about Immigration to New Zealand.
As Immigration lawyers, we see a lot of people who are not licenced but feel they are qualified to give away free advice to those looking to enter or stay in the country. My first tip is simply to be very careful when approaching this topic, especially in online forums.

  1. Did you know that it is a criminal offence to provide any form of New Zealand Immigration advice to anybody who is not family, if you are not a licenced Immigration Adviser or an Exempted Person (such as a lawyer)?
    – ss 11 and 63(1)(b) of the Immigration Advisers Licensing Act 2007
  2. Did you know that it is a criminal offence to provide any form of New Zealand Immigration advice if you know that you are supposed to be licenced (or exempted)?
    – s 63(1)(a) of the Immigration Advisers Licensing Act 2007
  3. Did you know that a person who is convicted of an offence in terms of s 63(1)(a) is liable to imprisonment for a term not exceeding 7 years or a fine not exceeding $100,000, or both; and on top of that the court may require payment of reparation to someone who suffered damages as a result of such advice?
    – s 63(4) of the Immigration Advisers Licensing Act 2007
  4. Did you know that a person who is convicted of an offence in terms of s 63(1)(b) is liable to a fine not exceeding $100,000 and on top of that the court may require payment of reparation to someone who suffered damages as a result of such advice?
    – s 63(5) of the Immigration Advisers Licensing Act 2007

If you see anyone giving away free advice and you know they are not licenced to do so, please pass on the link to this post to gently remind or inform them that it can count against them if they continue.

I’ll see you next month!
Stephan

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