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COMPETENCY STANDARDS - Coggle Diagram
COMPETENCY STANDARDS
- Qualifications and experience
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- Knowledge of New Zealand immigration law and immigration and operational instructions
- Knowledge of and ability to apply the Immigration Act 2009, its regulations and applicable international obligations, including an understanding of the key principles of natural justice and administrative law as they apply to immigration decisionmaking.
- Knowledge of and the ability to apply immigration and operational instructions made under the Immigration Act 2009
- Knowledge of and the ability to provide tailored advice on avenues for seeking assistance including the INZ, IAA, and IPT websites and the INZ contact centre.
- Knowledge of and ability to provide tailored advice on full range of immigration matters relating to applications, appeals, requests, claims and other representation including but not limited to: applications for temporary entry; applications for residence; claims for refugee and protection status; dealing with a client’s unlawful status; and dealing with appeals and requests under the Immigration Act 2009.
- The ability to assist clients to access information about New Zealand culture and traditions, including the Treaty of Waitangi and tikanga.
- Knowledge of New Zealand’s Privacy Act 2020, Official Information Act 1982 and Ombudsmen Act 1975 and how the rights under those Acts can be accessed and utilised to the advantage of clients in the immigration context.
- Knowledge of New Zealand’s immigration advisers licensing scheme
- Purpose and key provisions of the Immigration Advisers Licensing Act 2007.
- Functions of the IAA and the Registrar of Immigration Advisers
- Who must be licensed to provide New Zealand immigration advice
- Who is exempt or prohibited from the requirement to be licensed to provide New Zealand immigration advice.
- What constitutes ‘immigration advice’
- The role of the IACDT: its functions and powers; grounds for complaint; disciplinary sanctions; and possible outcomes from complaints procedures.
- All of the offences under the Immigration Advisers Licensing Act 2007
- Responsibilities of licensed immigration advisers including: adhering to the CoC; continuing professional development requirements; annual licence renewal and notifying the Registrar of changes in circumstances
- Preparing, lodging and administering immigration applications, appeals, requests, claims and other representation
- Assess a client’s immigration situation including:
- Provide services in an ethical, timely, conscientious, complete and accurate manner including:
- Represent clients through the immigration application process including:
- Represent clients through the refugee or protection claim process or know when and where to refer clients for specialist advice including:
- Represent clients through appeals or know when and where to refer clients for specialist advice including:
- Make requests for special directions or know when and where to refer clients for specialist advice including:
- Represent clients in relation to compliance and deportation matters or know when and where to refer clients for specialist advice including:
Where appropriate, advising clients when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention.
Recognising when clients may be liable for deportation and advising clients of their liability; and explaining the consequences of deportation.
Recognising when a request for a special direction is appropriate and advising clients of the option
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Explaining the consequences of making an appeal, including whether or not they may stay in New Zealand while the appeal is being decided; or referring clients to appropriate specialists.
Recognising when clients have potential refugee or protection claims and advising clients of the ability to lodge a claim
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Where appropriate, advising clients when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention
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Representing clients in relation to refugee or protection claims, including cessation or cancellation procedures
Understanding the special needs of victims of trauma; or referring clients to appropriate specialists.
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Understanding and responding appropriately to issues as they arise including responding promptly to correspondence from INZ, the client & third parties
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Ensuring decisions are communicated to clients with the details and implications of outcomes explained, particularly appeal and review rights
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Advising clients in a timely manner of the procedures for complaints and the avenues for redress including appeal rights; and taking any necessary follow-up action.
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Taking all reasonable steps to inform clients to submit accurate and genuine documentation and the consequences of not doing so
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Applying immigration knowledge as appropriate and in a manner that protects clients’ immigration status and entitlement
Understanding the requirements relating to medical evidence and advising clients appropriately, with a view to providing full information to INZ
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- Have completed, within the two years immediately prior to enrolling for an approved qualification or an approved entry course.
- Have completed a) primary schooling + 3yrs secondary OR b) 5yrs secondary OR c) 6yrs made up of 3yr BA degree + secondary schooling Yr12/BA degree/postgrad qual.
- Schooling or other must be delivered in English while living in NZ/Aus/Canada/UK/Ireland/USA
- Persons meet 5.1-5.2 if before 1 Oct 2016 had commenced but didn't complete approved qualification/entry course OR had completed one OR held or previously held LIA licence under S19 of the IALA 2007.
- Complete written documentation in English to a professional standard including: forms; letters; emails; client file notes; written agreements; and detailed and well- structured written submissions, arguments or presentations.
- Communicate orally in English to a professional standard including: Conducting telephone and face-to-face interviews; Active listening; Dealing with conflict; and Delivering detailed and well-structured oral presentations, submissions or arguments
- Conducting business professionally, ethically and responsibly
- Understand and commit to professional, ethical, socially responsible and culturally sensitive behaviour and practice; all aspects of the licensed immigration advisers CoC
- Understand the importance of and commit to working within the limitations of the individual’s knowledge and skills, including making decisions and taking action consistent with the adviser’s own level of expertise and skills, and recognising when professional development, specialist advice or referral is required.
- Manage a business in accordance with local law, the IALA 2007, and the licensed immigration advisers CoC incl. management of client services, business accounts and finances, and where appropriate seeking assistance of other professionals.
- Use interpreters and translators when English is a barrier to communication and understanding of the importance of professional and ethical standards.
- Develop and maintain ethical and professional relationships with INZ and other relevant organisations.
- Develop and maintain ethical and professional relationships with clients.
- Develop and apply a clear and understandable WA incl. full description services; fees & payment schedule; how and when the client will be invoiced, and the refund policy
- Understand & apply quality assurance techniques to the provision of immigration advice i.e checklists, peer review, case reviews, supervision, team briefings
- 1 more item...
- Continuing professional development
- Maintain CPD plan and record for each 12 month licensing period.
- At least 20 hours activities, including any mandatory activities, during each 12 month licensing period.
- Retain, and produce upon request, their CPD plan and record for each licensing period that commenced after 26 November 2015, up to a maximum of 3 years