What has been the effect of the Immigration Advisors Licensing Act.
Other than giving me a really exciting and tiring day yesterday of course.
Well, first of all – lets look at what the act is supposed to be doing:
Purpose and scheme of Act
The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice
So – does it do that? Im my opinion – it fails with spectacular gusto. The only people being protected by this law are the Immigration agents – of which there are now only 296 in the world.
That’s right- there are only 296 people in the whole of the world who are actually licensed by the IAA to legally give “immigration advice” (whether or not about New Zealand by the way). Which is only 296 people who are eligible for the lucrative money that is available from this market. They are spread over 217 companies. Not only that – but according to an article in Law Talk 3rd August 2009, some of those people who were licensed, are actually exempt and don’t need to be on the list. It seems the IAA screwed up a bit, and accepted licensing applications from Law Firm staff, whom they should have known were exempt from the act.
According to an address by the then Immigration Minister Clayton Cosgrove – in August 2008 there were 400 people who attended licensing workshops in New Zealand. I wonder where they all buggered off to? The IAA have been accepting application since May 2008, and so far – we have less than 300 that have licensed. 1n 16 months. Sterling effort!
Mr Cosgrove also said:
The Act has brought in significant changes. Before the new law, anyone could call himself or herself an immigration adviser. In the past, a small number of incompetent and/or unethical practitioners damaged the reputation of the industry.
And for that small number – rather than doing something sensible you thought it would be an idea to trash the Reputation of New Zealand as a free and democratic country? Good work! I hope you are proud of your efforts to deal with a “small number” of rip off merchants.
So – is it cleaning up the actual problem?
Apparently no – but its hard to say. There was a piece in the Press a few weeks ago which claimed that 300 complaints had been made “about people giving immigration advice, including misleading or dishonest behaviour, excessive fees and holding of passports.” Its quite an interesting article – with a lot of bitching within the industry – but I do wonder where that 300 complaints comes from – given that the IAA only claims to have sent out 18 warnings – and one of those we know was completely unwarranted. Mr Smedts of the IAA claims they are investigating 5 licenced agents as well, and it is also claimed in the article ” but some of those with licences should not have them and needed to be “weeded out”. ( That was from an Immigration Lawyer.)
The article also says that there were only 25 offshore agents licensed by August this year – so if you are looking for an Immigration Agent from outside New Zealand – you could well be stuffed!
You see – this law actually extends its reach offshore from next May (2010), which means that all offshore agents also need to be licensed – and they aren’t doing it. I honestly don’t know why – but I suspect it may take the form of a big raspberry to New Zealand for being so bloody arrogant. It appears that Offshore Agents are not too impressed. Mind you – it seems thousands of onshore agents thought it was a joke too.
And my pet peeve – the New Zealand government actually feels it has the right not only to gag its own citizens – but it will of course be illegal to Blog or post on forums even if you do not live in New Zealand. Nice!
So – does it enhance the reputation of New Zealand?
I don’t think so – unless New Zealand was looking to gain a reputation as a place where migrants give up their right to free speech – whether they live in New Zealand or not. If that was the intent – then hey – good job! Otherwise – bit of a numpty if anyone thought this was a sterling idea.
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Related posts:
- FAQ – The Immigration Advisors Licencing Act
- The Immigration Advisers Licensing Act
- Immigration Advisers Licencing Act: Update 2 Responce from the minister
Comments
4 Comments on What has been the effect of the Immigration Advisors Licensing Act.
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Louwrens van der Merwe on
Thu, 24th Sep 2009 7:06 am
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menace on
Thu, 24th Sep 2009 11:49 am
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Tammy on
Thu, 24th Sep 2009 9:31 pm
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Avalon on
Thu, 24th Sep 2009 11:09 pm
I am 110% behind you and will support you in every effort to defend yourself against the new “Nazi” on the block. For the past 8 years I had my own Immigration website and helped thousands of immigrants WITHOUT getting a single penny for my efforts and I DO NOT intend to stop! I am waiting for my letter from Adolf (IAA) and will go all the way through the court system and I will not let them gag me, because I feel VERY strongly about this. The IAA is now like a boy with a new pocket knife – he does not really know what to do with it and is now cutting and stabbing at anything just to see how it works!!
The IAA is shamelessly using the act as a means to protect the interests of its licensed members and to stop people criticizing NZ Immigration for it’s third world service!
DO NOT let them intimidate you out of your rights and make a stand, there is a LOT of people behind you on this. They did the same thing to the people at MOVE2NZ.
Good luck. – Louwrens
i have dealt with these guys in getting my girl friend a work visa under partnership.
dealing with them sucks big time, just a constant haze of inconsistency, contradiction, and no respect of people in general. If they were actually helpful and provided some form of help then there wouldn’t even be a need for the advisers industry.
its good see somebody standing up to be mistreated and also challenging nazi uncalled for laws that exist.
Best of luck to you, you have my support.
You have to remember though that Mike at move2nz was hand delivered from a lawyer a legal notice threatening up to 7 years in prison and/or $100.000 fine. We are still waiting for the IAA to explain what we have done wrong……pretty scary really 2 months on and still no reply from them.
Tammy,
Ive actually mentioned this many times all over the blog and in speaking to several media people about this situation 
In fact that was the catalyst to getting me started on this topic
I have personally done an awful lot to publicise your case and to try and draw attention to it.
I feel strongly that this affects all bloggers and all forums, and I hope that people will start working together to get this sorted. Most people are ignoring it or do not realise just what the law means for all migrants, and that it affects the forums and the posters on teh forums just as much as it affects me and my blog.
Anyone answering Immigration questions on any forum could be breaking the law. And the IAA refuse not only to tell you what you did wrong – but they wont tell us specificlaly how not to break the law.
Good luck getting the info out of the IAA – it really pisses me off that they will not tell you what the charges actually are – and I am behind you and Mike every step of the way Mike already knows this – but please do let me know if there is anything you think I can do to help.
I think we have a good case to lobby the Immigration Minister to change the law and give us back our voice.
Hugs to you both
Hxxx
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