It’s illegal to give immigration advice without a licence: what HR managers need to know

In New Zealand’s competitive labour market, HR managers are at the front line of global recruitment, helping businesses secure the talent they need to grow. But as support for migrant workers becomes more hands-on, many HR professionals are unknowingly crossing a legal line by providing immigration advice without a licence, which is a criminal offence under the Immigration Advisers Licensing Act 2007 (IALA).

With expanded enforcement powers granted to Immigration New Zealand (INZ) from 31 March 2025, the risks are higher than ever. Even casual conversations about visa options or application strategies could lead to significant penalties for individuals and businesses. To stay compliant and protect both your workforce and your organisation, it is essential to understand exactly what counts as immigration advice and who is legally allowed to give it.

The legal framework: what the Act says

The IALA makes it clear: any person who is not licensed, or not specifically exempt, must not provide immigration advice for New Zealand. The legislation aims to protect migrants from receiving poor or misleading advice and ensure that only qualified professionals help individuals make complex decisions about their immigration status.

Under the Act, immigration advice is defined as using or purporting to use knowledge of or experience in immigration matters to advise, direct, assist, or represent another person in relation to their visa application, conditions, or status. This includes providing opinions on eligibility, helping prepare visa forms, or advising on what visa to apply for, even if the assistance is free or part of a broader HR function.

Expanded powers from 31 March 2025

In March 2025, the New Zealand Government implemented amendments that significantly strengthened INZ’s ability to investigate and prosecute unlawful immigration advice. Key changes include:

• INZ can now issue compliance notices and prosecution referrals against individuals and businesses suspected of breaching the IALA.
• More proactive monitoring of employer conduct in the context of work visa sponsorships, including recruitment and onboarding processes.
• Specific targeting of HR teams, recruiters, and consultants who routinely assist migrants with visa advice without holding the appropriate licence or exemption.

These changes align with the government’s commitment to strengthening integrity across the immigration system, especially in high-risk industries such as hospitality, construction, and aged care.

Who is legally allowed to give immigration advice?

Under New Zealand law, only certain people are legally allowed to provide immigration advice. This is strictly regulated by the Immigration Advisers Licensing Act 2007 to protect migrants from receiving incorrect or misleading information. The following individuals are authorised to give immigration advice:

Licensed immigration advisers

• These professionals are registered with the Immigration Advisers Authority (IAA).
• They are required to follow a binding Code of Conduct and must complete formal training.
• Their performance is regulated, and they are subject to disciplinary action if they breach professional standards.
• You can verify whether someone is licensed by searching the IAA public register: iaa.govt.nz

New Zealand lawyers

• Immigration advice can also be provided by New Zealand lawyers who hold a current practising certificate issued by the New Zealand Law Society.
• Many law firms that offer immigration services may employ both lawyers and licensed immigration advisers.

Exempt persons (only in specific circumstances)

Some individuals are exempt from licensing, but their ability to give advice is limited by law. Exempt persons include:

• Members of Parliament and their staff, only when acting in their official capacity
• Citizens Advice Bureau (CAB) staff and volunteers, under strict conditions set by the IAA
• Internal company staff, only if they are advising on immigration matters directly related to employer-assisted visa applications for their own organisation

Important: Even exempt individuals cannot advise on a person’s eligibility, visa options, or personal immigration matters. Their advice must be limited to employer-assisted visa processes only. Anything beyond this, such as advising which visa to apply for, falls outside the scope of exemption and may lead to legal action.

What HR managers and employers cannot do

If you are working in recruitment, onboarding, or workforce management, it is important to draw a clear line between support and advice. You cannot legally:

• Suggest what type of visa someone should apply for
• Interpret visa eligibility criteria or offer your opinion on the likelihood of approval
• Complete visa forms on behalf of a migrant unless you are merely transcribing their instructions
• Explain visa conditions or advise how someone can meet them
• Provide advice on immigration strategy or timing

Even if you have experience or prior exposure to visa processes, this does not entitle you to advise. The law focuses on what you do, not your intent or job title.

What you can do instead

You can still play an important role in supporting your workforce and maintaining compliance, as long as you act within legal boundaries.

• Direct staff to licensed advisers or immigration lawyers
• Provide general information from official government websites
• Support the logistics of visa applications (e.g. ensuring deadlines, document collection)
• Clearly explain the limits of your role in visa matters
• Ensure your organisation partners with a reputable immigration provider when sponsoring staff

Being proactive protects both your business and your migrant employees. It also strengthens your credibility as an employer committed to lawful and ethical practices.

Need help navigating your obligations?

At Absolute Immigration NZ, we work closely with employers across Aotearoa to ensure immigration compliance and workforce success. From strategy to sponsorship to skilled visa applications, our licensed advisers and legal team are here to help you stay informed, compliant, and confident.

For tailored immigration advice and compliance support, book a meeting here with our expert team or contact us at aisupport@absoluteimmigration.com to receive practical solutions specific to your business.