Bill to regulate immigration advisers introduced
The government has introduced a Bill to regulate immigration advisers.
The Immigration Advisers Licensing Bill, which was tabled today, requires the licensing of all immigration advisers. It is estimated at least 1000 advisers may be affected.
Immigration Minister Paul Swain said while many immigration advisers provide good services, there are insufficient regulatory constraints or market incentives to prevent some advisers providing unethical or incompetent services.
“We are regulating the industry to protect migrants and potential migrants. The vast majority of advisers act professionally and ethically. This legislation sends a strong message that the government will not tolerate the small number of crooks who prey on vulnerable people wanting to live in New Zealand," he said.
The legislation will make it an offence to provide immigration advice without a licence. Offenders could face a fine of up to $100,000, seven years imprisonment or both.
Licences will need to be renewed annually, and details of licensed immigration advisers will be recorded and updated on a public register. Licences are expected to cost $1000-$2000 a year.
The legislation will bring New Zealand into line with countries such as Canada, Britain and Australia.
“Competition for skilled migrants is intense. This Bill is one of the government's measures designed to provide a transparent and reliable immigration regime to attract the skilled workers New Zealand needs,” he said.
The Bill provides for the establishment of the Immigration Advisers Authority, headed by a Registrar, as a separate body within the Labour Department.
Once the Authority is established there will be a transition period for advisers to meet entry standards. Once the transition period is over, the Department of Labour will refuse an application put forward by an adviser unless they are licensed or exempt from the legislation. Exemptions will exist for certain persons such as lawyers or foreign diplomats, where sufficient processes are already in place to regulate conduct.
The legislation will also include offshore advisers who will be able to opt-in to the licensing regime for the first three years. After that it will be mandatory.
The not-for-profit sector will be subject to regulation, but will not pay the full licensing fee. Mr Swain said there was a range of not-for-profit organisations that help people out with their immigration applications.
"We want them to be regulated as well, but we need to work through the issue of licensing fees so that they are not discouraged from doing their good work."
Printed from http://www.beehive.govt.nz
