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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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 Posted: Mon May 04, 2009 10:38 am Post subject: FOR ALL WHO EMPLOYED A "CONSULTANT". . . |
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Migrants suffer big losses as law changes
4:00AM Monday May 04, 2009
By Lincoln Tan
New Zealand Herald
Hundreds of would-be immigrants are today in limbo as a law comes into effect that could stall their bid to live legally in New Zealand.
The Immigration Advisers Licensing Act requires mandatory licensing of all immigration consultants, but so far just 171 of an estimated 1200 have bothered to get the proper documentation. Many are part-timers who have been put off by the $1995 cost of a licence.
The Immigration Advisers Authority had hoped up to 400 would have become licensed in time for today's law change.
Immigration New Zealand has said it will no longer process applications filed by non-licensed agents, meaning migrants part-way through the process could be left thousands of dollars out of pocket.
Some applicants have paid unlicensed agents up to $15,000 to work on their submissions, but authority registrar Barry Smedts says it cannot help to get the money back because it was not illegal to provide non-licensed immigration advice before today.
Licensed immigration consultant Tika Ram said clients of the 1000-odd advisers still unlicensed had been left confused about where they stood under the new law.
"Some clients have paid the full fees upfront, so they can't just switch to a licensed adviser now without losing all their money.
"Advisers should have advised their clients that they will not be able to act on their behalf after a particular time-frame, but many did not."
David Cooper, operations manager at immigration consultancy firm Malcolm Pacific, said the issue of licensed advisers had been "off the radar" for would-be migrants.
However, many were "waking up to the reality only in the last couple of weeks" after Immigration New Zealand printed forms warning that all applications submitted by unlicensed advisers would be returned.
Indian national Raman Balakrishnan paid $9000 to his unlicensed immigration agent, but is now "stuck" after a police certificate from India failed to arrive in time to beat the law change.
"I am in a no-win situation. If I let my agent lodge my application, it will be returned. But if I do it myself, I will still have to state that I received advice from an unlicensed adviser, and that will also mean that my application will be rejected," he said.
"Does it mean I have to lie and say that I did not receive any immigration advice in order to get around it?"
Mr Smedts said the law still allowed would-be immigrants to represent themselves.
The relatively small number of licensed advisers was not necessarily a bad thing for the immigration industry, he said.
"The industry is now smaller, more professional and has a higher standard of overall expertise. I like to think of licensing as a sort of brand protection that supports good operators and punishes bad ones."
But a local Chinese immigration agent - who did not apply to be licensed because of the cost - said the new law would drive many advisers underground.
Many would-be migrants would continue to seek advice from advisers within their own ethnic communities regardless of whether they were licensed.
"The law is just turning honest and respected community leaders into criminals, some of whom genuinely want to help the people in their communities."
Overseas-based immigration advisers will have until May 4 next year to get a licence.
The authority defines immigration advice as "using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward".
Some people, such as lawyers and MPs, are exempt from needing licences, but the authority says the exemption "probably doesn't cover many people in the not-for-profit, NGO [non-government] and government services who provide support and assistance".
IMMIGRATION ADVISERS LICENSING ACT 2007
* All NZ-based immigration advisers must be licensed from today.
* Just 171 of the estimated 1200 advisers have so far got licences.
* A licence costs $1995.
* Unlicensed agents face fines up to $100,000, seven years' jail and reparations.
* Overseas-based immigration advisers have until May 2010 to get licensed.
Link: http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10570168&pnum=0 |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Mon May 04, 2009 10:40 am Post subject: STILL NOT CONVINCED? |
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Immigration Advisers Licensing Act effective today
Monday, 4 May 2009
From 4 May 2009 anyone who provides immigration advice in New Zealand must have a licence from the Immigration Advisers Authority, unless they are exempt from the requirement to hold a licence. From 4 May 2009, Immigration New Zealand will refuse to accept applications from unlicensed onshore advisers.
If an onshore adviser acting on behalf of an immigration client is not on the Register of licensed advisers (or not exempt), their application will be returned failed lodgement, and we will advise the Registrar of the Immigration Advisers Authority. Advisers who are awaiting a licensing decision from the Registrar are considered unlicensed.
From 4 May 2010, offshore advisers giving advice to people seeking visas or permits will also have to be licensed.
More information
See our questions and answers, and an Internal Administration Circular. For more information about who needs to be licensed, or to view the Register of licensed advisers, go to the Immigration Advisers Authority website www.iaa.govt.nz, email info@iaa.govt.nz, or write to them at PO Box 6222, Wellesley Street, Auckland 1141, New Zealand.
Link from the Immigration Website: http://www.immigration.govt.nz/migrant/general/generalinformation/news/ialaeffective.htm |
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hardyrulz
Joined: 12 Nov 2008
Posts: 16
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| Posted: Mon May 04, 2009 1:05 pm Post subject: |
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Hi Levi.
Pardon me for being slow, In my case I hired a consultant last 2007, Will I be affected with this new policy? |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Mon May 04, 2009 1:12 pm Post subject: |
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| hardyrulz wrote: | Hi Levi.
Pardon me for being slow, In my case I hired a consultant last 2007, Will I be affected with this new policy? |
Now that is a question best answered by your "consultant."
I think, and this is merely a flimsy opinion, those who are NOT onshore (meaning registered NZ companies) have a "stay of execution" and will only be required to register on 04 May 2010.
Problem is, what if you application is still pending after 04 May 2010 and your consultant didn't bother to register?
You paid him top money to give you the "best possible advice" in immigration matters so it is in his court to provide you with answers to that.
When he gives you a reply, call immigration immediately to confirm what your "consultant" told you.
Print off this article and print the news provided in the immigration website so that you and your "consultant" can discuss the matter point by point. |
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hardyrulz
Joined: 12 Nov 2008
Posts: 16
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| Posted: Mon May 04, 2009 1:41 pm Post subject: |
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| Thanks Levi for this very helpful information, I'm currently waiting for my Interview under WTR. When your application is through a Consultant, it different compared to online application. In the online application, after submitting ITA, you just wait for the interview. In using consultants, you never know what stage are you in because the term they use which is equal to submission of ITA is "Application for Visa". |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Mon May 04, 2009 1:45 pm Post subject: |
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| hardyrulz wrote: | | Thanks Levi for this very helpful information, I'm currently waiting for my Interview under WTR. When your application is through a Consultant, it different compared to online application. In the online application, after submitting ITA, you just wait for the interview. In using consultants, you never know what stage are you in because the term they use which is equal to submission of ITA is "Application for Visa". |
Didn't you ask the reason for such discrepancy?
Have you tried "peeking" at your online application? Your "consultant" would have made one for each client, I bet.
It's hard if you don't know your username and password but there are means to do so - just don't ask me how. |
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hardyrulz
Joined: 12 Nov 2008
Posts: 16
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| Posted: Mon May 04, 2009 2:26 pm Post subject: |
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I have considered that strategy before, I was so tempted and I knew there was a work around. One time my consultant got slipped, he mentioned a name, I'm sure it was the name of the VO or maybe he's connection in NZIS. Consultants are very cautious on these matters because they are afraid their clients will go direct. I think it's really hard to gain access and peak at it if u don't have the user name and password not unless I apply hypnosis or some kind of potion to one of their staff. LOL Honestly, I'm one of the thousands of aspirants whose playing the "waiting game" and it really tests your patience. I was told I have to wait for 6-9 months minimum for my interview, I'm on my 6th month, I just have to hang on and wait.  |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Mon May 04, 2009 2:55 pm Post subject: |
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| hardyrulz wrote: | | I have considered that strategy before, I was so tempted and I knew there was a work around. One time my consultant got slipped, he mentioned a name, I'm sure it was the name of the VO or maybe he's connection in NZIS. Consultants are very cautious on these matters because they are afraid their clients will go direct. I think it's really hard to gain access and peak at it if u don't have the user name and password not unless I apply hypnosis or some kind of potion to one of their staff. LOL Honestly, I'm one of the thousands of aspirants whose playing the "waiting game" and it really tests your patience. I was told I have to wait for 6-9 months minimum for my interview, I'm on my 6th month, I just have to hang on and wait. |
One well known consultant is known to use the following strategy in creating a username and password:
username: Firstname initial then full surname
password: name of company (surname of company owner)
but that news is years old na, so they might get smart now and use a different strategy.
and please, don't be fooled that he has "connections" with NZIS. that's the oldest trick in the book, man. We bemoan the NZIS personnel sometimes but i do NOT think yours have the "connections" to give your application an edge over others.
this is because the NZIS office in Manila is merely a posting area for you application - then it gets shipped to Beijing and/or Bangkok for appraisal. Does it mean your "consultant" has "connections" in Beijing and/or Bangkok? |
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hardyrulz
Joined: 12 Nov 2008
Posts: 16
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| Posted: Mon May 04, 2009 3:48 pm Post subject: |
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| It might be possible that he has connections in Beijing and Bangkok but I'm sure his connections will not have an influence in application's approval. Unlike in the Philippines, the don't practice the "kumpare system". My friend who uses the online application told me that NZIS hires private investigators to do background check for the applicant. I don't know if they still practice it, I mean they have to spend a lot for 1 aspirant. |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Mon May 04, 2009 11:20 pm Post subject: |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Tue May 05, 2009 2:05 pm Post subject: |
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| Bump! |
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chrisv
Joined: 17 Feb 2009
Posts: 300
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| Posted: Tue May 05, 2009 3:56 pm Post subject: |
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| hardyrulz wrote: | | It might be possible that he has connections in Beijing and Bangkok but I'm sure his connections will not have an influence in application's approval. Unlike in the Philippines, the don't practice the "kumpare system". My friend who uses the online application told me that NZIS hires private investigators to do background check for the applicant. I don't know if they still practice it, I mean they have to spend a lot for 1 aspirant. |
Connections???cmon bro, uso pa ba ang mga ganyan sa ibang bansa? thats why the Philippines is in limbo because of such koneksyun-koneksyun system |
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levi
Joined: 16 Oct 2006
Posts: 1033
Location: Auckland Central, New Zealand
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| Posted: Tue May 05, 2009 5:54 pm Post subject: |
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| bump |
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xtan02
Joined: 03 Sep 2008
Posts: 65
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| Posted: Tue May 05, 2009 11:06 pm Post subject: |
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| Ako im in the 7 months waiting period para sa interview... Grabe ang bilis ng panahon... |
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