Indian education agents are ruthlessly exploiting students applying for visas to study at New Zealand’s private training establishments (PTEs)

Immigration application fraud by Indian education agents based in India has been going on for years, claims immigration lawyer Alastair McClymont from McClymont & Associates.

Indian education agents are paid high commissions by PTEs to source students for them.

Unfortunately, this gives the agents the incentive to do whatever they can to ensure that their clients get student visas.

These agents are based overseas and if they’re caught, it’s no big deal for them. They tend to just close down and open up again under a new name.

The reality is it’s very hard to penalise these agents. They are usually very wealthy and often wield considerable influence locally.

Immigration NZ officers in Mumbai and Delhi are very frustrated by the extent of the fraud.’

Unlike immigration advisors, who must be registered, foreign education agents are exempt from registration here.

"One solution is to regulate education agents," says McClymont. "Our schools also need to hold these agents to account and the NZQA needs to lift its standards for school registration. Private language schools net billions of dollars in revenue for New Zealand, so there’s a lot at stake."

How the scam works

Applicants will often sign blank application forms, which the education agents then complete on their behalf, often with false information. The education agents sometimes provide stand-ins to undertake the English language interviews over the phone. They can create fake bank statements, work references and qualifications. The agents may also provide their phone numbers in the application documents to enable them to take verification calls on their clients’ behalf.

"If an education agent recommends something that is fraudulent, applicants need to take personal responsibility for doing the right thing," says McClymont. "If they don’t, they run the risk of having their application rejected by Immigration NZ.

"Student visa applicants need to insist on checking the documents completed by their education agents before they are submitted. They have one chance.

"If their visa application is declined because their documentation is false then they may never get into New Zealand. Their dishonesty will be on the record. We advise the Indian community to encourage their relatives back home to bypass these dodgy education agents and use a reputable and regulated education agent, immigration advisor or lawyer instead."

He says that Immigration NZ is attempting to put an end to the fraud and seem frustrated that the IAA, which represents licensed immigration advisors doesn’t require education advisors to be registered. However, he admits that enforcing this would not be easy.

Most international students start their campaign for residency from the moment they apply for a student visa. This is their real goal, not education.

The quality of education in some private training schools is also low, which is not good for New Zealand’s reputation abroad. Yet NZQA sets the minimum English language requirements for entry into these schools. Good students don’t apply to small-scale private education providers. These schools make their money from average students.

Teachers at the language schools often complain that they are not allowed to fail students. In turn, students complain that their education agents promised they wouldn’t need to study and were guaranteed a pass, regardless of their academic ability.

The education agents and the owners of the schools are the only winners in this system. Unless the NZQA can enforce higher standards and the PTEs pay closer attention to how their students are sourced, the fraud will continue.

Indian approval rates are low

Immigration NZ student visa approval rates in 2015 for fee-paying Indian applications were just 49%. This compares poorly against a 91% approval rating for Chinese students, 98% approval for South Korean applicants and 74% approval rating for Vietnamese applicants.

What’s being done

Immigration NZ has made English language tests compulsory for students of all non-English speaking countries applying to study at private training establishments (PTEs). Language schools can still enrol international students from countries with a student visa approval rate below 80%.

However, these students must personally undertake one of Immigration New Zealand’s approved testing programmes to demonstrate that they have the required level of English proficiency to study in New Zealand, such as IELTS or another recognised provider.

“Many private training schools have complained vociferously, but I think it’s the best initiative that’s ever come from Immigration New Zealand,” says McClymont. “However, I think that the minimum standard of English required for student visa approval is not yet high enough.”