Wednesday, May 02, 2007

The Immigration Advisers Licensing Act, which requires the mandatory licensing of all immigration advisers, was passed by Parliament on 1 May 2007. Under the new act, it becomes an offence to provide immigration advice without a licence, unless exempt.

 

The implementation of the legislation will be staged over three years. There is a one year establishment phase, which will involve the recruitment of the Registrar, the Project Manager, and contractors. They will work together to establish the Immigration Advisers Authority and develop:

  • the licensing process

• the complaints and disciplinary process

• the Code of Conduct and competency standards, and

• a communications strategy to alert current and potential immigration advisers and stakeholders on the progress of establishment, when consultation on competency standards and the code of conduct will occur, and what will be required of them.

 

New regulations will be required for several areas, including the setting of fees and levies.  These regulations require Cabinet approval and legal drafting and will come into force via Order in Council.

 

During the second year, all immigration advisers can opt into the licensing system.  From the start of year three, all onshore immigration advisers must be licensed, unless exempt.  At the end of the three-year implementation period, all offshore immigration advisers must be licensed.

Additional information will be made available on this website in our News Sections as it becomes available.