Thursday 16 May 2019
In New Zealand, only licensed immigration advisors or practising lawyers may give immigration advice.
Licensed immigration advisors are often referred to as immigration consultants.
To become qualified as a licenced immigration advisor, a person must have completed approved training in New Zealand. The training is a 12 month course on:
--Industry and Professional Responsibilities
--New Zealand immigration law, temporary visas and residency requirements, unlawful status and compliance
--Professional practice
--Specialist areas; and
--Managing client cases.
In comparison, immigration lawyers in New Zealand are required to have a law degree (which takes normally 4 years) and hold a Practising Certificate.
A law degree means that an immigration lawyer has a general understanding of the legal system in New Zealand. It also means that an immigration lawyer has a better understanding of the legal processes, procedural requirements, and public law and other legal requirements governing Immigration NZ and the Immigration and Protection Tribunal.
Lawyers are trained to be advocates for their clients. Their training and experience gives them the skill and knowledge to fully understand the law, the policy and the facts, provide a relevant analysis and present a case for their clients. Persuasion is their art.
For standard immigration situations, a licenced immigration advisor would be adequate in providing advice and handling the applications. They often have a good and practical understanding of the immigration requirements and the options available.
However, when dealing with any unusual, complex or difficult cases, an immigration lawyer will have an advantage. Their legal training enables them to go behind the rules, and analyse the wider policy considerations, or look at the wider factual matrix. They can make submissions for clients on a level that a licensed immigration advisor is often unable to do.
Furthermore, in certain residency applications such as those in the business migration areas, an immigration lawyer who has worked in the business and accounting areas will have an advantage. They understand better the business and financial information which may be required to be included in the application.
Often immigration lawyers also practise in other areas of law, whereas immigration consultants normally work only in immigration.
This may give rise to the perception that immigration consultants are specialists, whereas immigration lawyers are not.
There are a couple of problems with this perception.
First, it doesn’t take into account the difference in the type of work done by an immigration consultant as compared to an immigration lawyer.
A much higher percentage of an immigration consultant’s work is lower-cost and routine applications, as compared to a lawyer. Often the complex or unusual cases or cases going to review or appeal are referred to immigration lawyers.
Second, this perception also confuses knowledge with skill. Both immigration consultants and immigration lawyers should have a good knowledge of immigration law. However, an immigration lawyer is better trained and skilled as an advocate.
From my discussion with Immigration NZ, most of the immigration work in Dunedin is done by immigration lawyers. All of us who practise in this area in Dunedin work in other areas of law as well. This means that we bring our skills and knowledge in those areas to our immigration practice. In my case, I bring my background in property and business law, as well as my background in tax and accounting. I believe my skills and knowledge in those areas make me a better immigration lawyer, especially in dealing with business migration cases.
If you have any questions, please contact Teresa Chan at teresa@tchanlaw.co.nz or (03) 477 1069.
Teresa Chan
16 May 2019
The above article is for general information only. For specific advice, please contact Teresa Chan at Teresa Chan Law Limited.
KEYWORDS: Difference, Immigration lawyer, immigration consultant
