Migrating is a big step in your life. Many people migrate due to job opportunities or improved living conditions for themselves and their families. However, migrating can be complicated, and applying for a visa can be stressful and time-consuming. This article will set out the key differences between a migration agent and an immigration lawyer and the advantages of using their services to help you through your visa application process.
What is the Difference Between an Immigration Lawyer and a Migration Agent?
Migration agents are registered with the Office of the Migration Agents Registration Authority (OMARA) and can:
- provide advice on visa requirements;
- assist with lodging visa applications;
- communicate with the Department of Home Affairs on your behalf; and
- appeal visa refusals and cancellations in the Administrative Appeals Tribunal.
Therefore, migration agents typically complete a 12 to 24-month certificate or diploma in Australian migration law with a tertiary institution. Following this, they must complete the Capstone Exam. Then, upon successfully passing the Capstone Exam, they can register with OMARA, receive a Migration Agents Registration Number (MARN) and practise as a registered migration agent.
Unlike migration agents without legal qualifications, immigration lawyers can also appeal cases in courts such as the Federal Court or High Court.
Overall, here are the key similarities and differences between migration agents and immigration lawyers:
Migration Agents |
Immigration Lawyers | |
Qualifications |
Completed a 12 to 24 month certificate or diploma in Australian migration law and passed the Capstone Exam |
Completed a law degree and Practical Legal Training |
Registration |
Registered with OMARA |
Registered with the Legal Admissions Board and the Law Society |
Legal Professional Privilege | Cannot claim legal professional privilege between client and migration agent. Therefore, must disclose client information and documents to authorities if requested by law | Can claim legal professional privilege, which then protects the confidentiality of any documents and information between client and lawyer. Therefore, there is no need to disclose confidential client information and documents to authorities |
Administrative Appeals Tribunal |
Can assist with visa applications and merits review in the Administrative Appeals Tribunal |
Can assist with visa applications and merits review in the Administrative Appeals Tribunal |
Other courts |
Cannot assist with appeals to Australian courts |
Can assist with appeals to the Federal Circuit Family Court of Australia (FCFCOA), the Federal Court of Australia (FCA) and the High Court of Australia |
Therefore, it is important to ensure the migration agent or lawyer you engage is qualified for your specific case.
Why Use a Migration Agent or Immigration Lawyer?
Cost-Effective
With more than 100 visa subclasses available in Australia, it can be hard to navigate which visa subclass is most appropriate for you. Therefore, it may seem like you are saving money by completing the application yourself. However, if your application is incomplete or incorrect, it can lead to your visa being refused. This can then severely impact future visa applications and complicate the process further, which can be very costly. This means that getting your application right the first time is important, which a professional can help you do.
Furthermore, if you are a business or employer, you must also pay the SAF Levy. The SAF Levy contributes to the Skilling Australians Fund to help support Australian jobs. A refund for this levy is also only available in limited circumstances if the Department of Home Affairs refuses your application. In addition, if you appeal your case in the Administrative Appeals Tribunal, this could also increase your costs.
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Avoid Lengthy Delays
Secondly, an experienced migration agent or immigration lawyer can prepare your application and make it ‘decision-ready’ for the case officer assigned to your matter. If you have left out any important information or documents in your application, it could delay the process. For example, you may receive a:
- request for information (RFI);
- PIC 4020 invitation to comment; or
- request to respond to natural justice letters.
However, if you are unsure how to reply to these letters or what to do in these situations, it can be an overwhelming and stressful experience. Furthermore, a well-prepared application put together by a professional is more likely to be successful.
Expertise
Thirdly, the Department often refuses visas because employers and individuals do not meet the eligibility criteria. Therefore, investing in an initial consultation to explore your eligibility and visa options with your migration agent or lawyer will confirm:
- your suitability;
- your likely prospects of success;
- the costs involved;
- the process and duration.
Each case is different and can present its own unique challenges and obstacles. Therefore, a migration agent or lawyer will identify the legal issues in your case and present you with practical solutions.
Take Out the Stress
Finally, migrating is a stressful experience. When you use a migration agent or immigration lawyer, they will guide you through the process each step of the way.
Continue reading this article below the formWhich One is Right for Me?
Unfortunately, there is no right answer; it depends on your circumstances and which visa you are applying for. If the application is required to be heard in the courts, then the answer will always be an immigration lawyer. However, both can assist with the initial application and any appeals in the AAT.
We outline some factors you may consider below.
Cost
Cost is definitely something that must be considered for you or your business. Law firms and migration agencies can all have various fee structures, so it’s important to look for one that suits your financial needs.
Complexity
The complexity of the visa is extremely important when making your choice between the two options. If the visa requires detailed arguments to be made for your case, whether it’s prior visa refusals, character test requirements or highly specific visas, an immigration lawyer may be of more use due to the ability to appeal to higher courts. This would save you the time of needing to find a lawyer if your application is refused by the department.
Comfort
The visa process may be a long and complicated process. We recommend finding someone that you are comfortable with for this journey. It is important to balance both personality and skill, as you will be in continual contact with them for the duration of the process. A level of trust is required when hiring either a migration agent or an immigration lawyer, so finding one that meets your standards is important.
Key Takeaways
Overall, even though there are fees involved if you decide to hire an immigration lawyer or migration agent, the benefits may outweigh the cost. Therefore, an immigration lawyer or migration agent can:
- firstly, help you determine what type of visa you need;
- secondly, assess your suitability;
- thirdly, ensure you have included all necessary documentation in your application; and
- finally, save you unnecessary stress.
Our experienced immigration lawyers can assist with your migration as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So, call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
MARN stands for Migration Agents Registration Number, which is granted to migration agents once OMARA approves their application to become a registered migration agent. Only migration agents with a MARN can provide migration advice and assist with visa applications. Therefore, you should request a MARN if you seek immigration services from a migration agent.
From March 2021, lawyers are no longer granted a MARN by OMARA.
Lawyers are trained across multiple areas of law. However, most lawyers specialise only in some areas. Therefore, you should seek confirmation from your immigration lawyer to verify that they have the expertise and can assist you in that other area of law.
For example, if your immigration status causes issues at your workplace, you may need an employment lawyer. If your immigration lawyer lacks expertise in that area of law, they should refer you to an employment lawyer.
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