What is considered immigration advice? A guide for HR professionals

As New Zealand workplaces increasingly rely on global talent, HR professionals often find themselves fielding questions about visas, immigration pathways, and application processes. What many don’t realise is that even the most supportive conversation can unintentionally cross into legally protected territory. This could expose both the individual and their organisation to serious legal consequences. 

Knowing exactly where the line is drawn between general support and regulated immigration advice is critical. In New Zealand, only licensed immigration advisers or exempt individuals can legally provide immigration advice. From recommending visa types to reviewing application documents, certain actions that may feel like standard HR support are actually regulated under the Immigration Advisers Licensing Act 2007 (IALA). Understanding these rules is essential for staying compliant while continuing to support your migrant workforce. 

What legally counts as immigration advice under the law 

Under section 7 of the IALA, immigration advice is defined as using or claiming to use knowledge of, or experience in, immigration matters to advise, direct, assist, or represent another person in relation to any immigration matter. This includes advising on: 

• What visa a person should apply for:  suggesting a visa based on someone’s situation 

• The process of applying for a visa: explaining steps or how to complete the application 

• How likely a visa application is to succeed: commenting on chances of approval 

• The consequences of visa conditions or outcomes: interpreting work rights, expiry dates, or conditions 

• Supporting documentation or information for an application: advising what documents to include or how to prepare them 

It doesn’t matter whether the advice is free or paid. Providing such guidance without a licence is unlawful unless you are exempt. 

Common HR actions that may breach the law 

Here are real-world HR examples that legally constitute immigration advice if not delivered by a licensed adviser or exempt person: 

• Advising which visa to apply for: recommending a visa type based on the employee’s situation or goals. 

• Commenting on visa approval likelihood or processing times: offering views on the chances of success or how long an application may take. 

• Assisting with application forms or documents: helping complete, review, or correct visa applications and supporting documents. 

• Recommending changes to employment for visa purposes: adjusting job titles, duties, hours, or salaries to help meet visa criteria. 

• Explaining visa refusals or next steps: interpreting the reasons for a declined visa and advising on appeals or reapplications. 

• Contacting Immigration New Zealand on an employee’s behalf: liaising directly with INZ to discuss a specific visa application or status. 

• Advising which documents are suitable for application: recommending which evidence (e.g. financials, qualifications) should be submitted. 

• Interpreting visa conditions: explaining work limitations, study rights, or duration of stay based on visa labels or letters. 

• Guiding on job changes for visa holders: advising whether a promotion, relocation, or role change may impact visa eligibility. 

• Supporting partner or family visa applications: providing advice or assistance to an employee’s spouse or dependants about immigration pathways. 

These situations can arise frequently, particularly in industries with high migrant workforces. Even well-meaning support, if it involves interpreting immigration rules or application processes, is considered immigration advice under the Act. 

What HR professionals can do legally 

Not all guidance or support falls into the category of regulated advice. HR professionals can still provide valuable assistance to migrant staff without overstepping legal boundaries. You are permitted to: 

• Refer staff to a licensed immigration adviser or exempt person (such as a New Zealand lawyer) 

• Explain your organisation’s general policies regarding visa sponsorship or employment 

• Assist with administrative steps unrelated to immigration decisions, such as uploading documents if the employee instructs you 

• Help with onboarding and wellbeing support unrelated to the visa application process 

• Confirm factual information (e.g. role title, salary, hours) required by the employee for their visa application 

In short, HR can provide support, but not immigration advice. If there is any uncertainty, the safest approach is to refer the individual to a licensed adviser. 

The risks of getting it wrong 

Offering immigration advice without a licence is an offence under the IALA. Penalties can include: 

• Fines of up to NZD $100,000 

• Imprisonment for up to 7 years 

• Disciplinary action or reputational harm for employers who don’t enforce internal compliance 

Beyond legal consequences, unlicensed advice can also result in visa refusals, employee distress, and compliance audits for the business. It’s a risk HR teams cannot afford to ignore. 

Who is exempt from the licensing requirement? 

When it comes to immigration advice, the law in New Zealand is very clear: only certain individuals are legally permitted to provide it. These include: 

• A New Zealand practising lawyer or someone working directly under one 

• A Member of Parliament or foreign diplomat 

• A citizen’s spouse, partner, or relative providing advice without payment 

• A person working under a Community Law Centre or Citizens Advice Bureau 

HR professionals are not included in these exemptions, even if their role involves regular contact with Immigration New Zealand. 

Best practice tips for HR compliance 

To ensure compliance and support your migrant workforce appropriately: 

• Create internal HR guidelines: outline what does and doesn’t count as immigration advice 

• Establish referral partnerships: work with licensed advisers or law firms for visa matters 

• Provide regular staff training: ensure HR teams understand the limits of unlicensed advice 

• Document all immigration interactions: keep records of conversations and referrals for compliance 

• Engage licensed professionals when needed: seek expert support for visa reviews or complex cases 

Know your limits and provide support the right way 

Employers play a critical role in the settlement and success of migrant workers. But offering the wrong type of support can cause harm. By understanding the legal definition of immigration advice and creating clear processes for when and how to refer, HR teams can reduce risk while supporting their people in the right way. 

Ensure your HR practices stay within legal boundaries 

For tailored immigration compliance support, book a meeting here with our expert team or contact us at aisupport@absoluteimmigration.com. We will help you manage risk, protect your business, and support your migrant workforce with confidence.