It’s perfectly fine to handle your visa application yourself, and many do. However, consulting a professional beforehand is wise, as mistakes can be costly and time-consuming. A refusal stays on your record permanently and may impact future applications.
Your visa is the most important step for migrating to Australia, you want to be confident you’re ticking the right boxes to ensure a smooth application process.
Who are the professionals?
There are two types of professionals that can help you navigate the migration process. The first is a Migration Agent, the other is a Migration Lawyer. Both are qualified to ensure a smooth process and provide helpful advice for your situation.
Difference between agent and lawyer
Migration Agent
Migration agents in Australia are professionals registered with the Office of the Migration Agents Registration Authority (MARA). They’re trained to help with immigration matters, like advising on visa options, preparing and submitting visa applications, and representing clients in dealings with the Department of Home Affairs.
What Migration Agents Do:
- Assess eligibility for various visa types
- Prepare and submit visa applications
- Offer advice on visa requirements and processes
- Communicate with the Department of Home Affairs on behalf of clients
Migration agents must follow a professional Code of Conduct, ensuring they provide ethical and reliable services. They’re also required to stay updated on immigration laws and policies to give accurate advice.
Migration Lawyer
Migration lawyers are qualified legal professionals specialising in immigration law. Beyond the services offered by migration agents, they can provide legal advice and represent clients in court if necessary, handling more complex issues related to visa applications and appeals.
What Migration Lawyers Do:
- Offer legal advice on immigration matters
- Represent clients in court and tribunal hearings
- Assist with visa applications and appeals
- Handle complex legal challenges
In Australia, immigration lawyers must be registered with a state or territory legal practice board and hold a current practising certificate. They follow strict legal standards and possess deep knowledge of the legal system.
| Questions | Migration Agent | Migration Lawyer |
|---|---|---|
| Registration Body | Registered with the Office of the Migration Agents Registration Authority (OMARA). |
Registered with both OMARA (if they choose to register as a migration agent) and the relevant state or territory legal profession regulatory body (e.g., Law Society). |
| Can they provide legal assistance? | Can provide assistance with visa applications, lodgement, and general immigration advice. Cannot represent clients in court or provide legal advice beyond immigration matters unless they are also qualified lawyers. | Can provide full legal services, including legal advice on immigration and other areas of law, represent clients in court and provide comprehensive legal assistance. |
| Qualifications | Must complete a Graduate Diploma in Migration Law and Practice, pass the Capstone Assessment and meet ongoing CPD (Continuing Professional Development) requirements set by OMARA. | Must hold a law degree (LLB or JD), complete Practical Legal Training (PLT) and be admitted as a lawyer by the Supreme Court in their jurisdiction. Must also meet CPD requirements set by the legal profession regulatory body. May also register with OMARA if they choose to act as a migration agent. |
| Legal Professional Privilege | No. Communications between a migration agent and their client must be disclosed to authorities if requested by law. |
Yes. Communications between a client and an immigration lawyer are protected, meaning they cannot be disclosed without the client's permission, even in legal proceedings. |
| Appeals | Can assist in preparing and lodging appeals in immigration-related tribunals, such as the Administrative Appeals Tribunal (AAT). Cannot represent clients in court unless they are also qualified lawyers. |
Can represent clients in all types of appeals, including those in tribunals like the AAT and in higher courts, such as the Federal Circuit and Family Court or the High Court of Australia. |
| Scope | Focused on immigration matters, including visa applications, compliance issues, and basic advice on related administrative law. | Can provide a broader range of services, including but not limited to immigration law. They can advise on criminal law, family law, employment law, and any other legal issues that may intersect with immigration matters. |
Which should I choose?
This comes down to your personal situation – if you have a more complex situation or require broader legal advice, a lawyer will be able to manage those complexities. If your situation is quite straightforward and you just need help navigating the visa process, a migration agent would be a good fit.
If you’re unsure, we would recommend a migration lawyer for the extra scope.
Visa options
With more than 100 visa subclasses available in Australia, it can be hard to navigate which visa subclass is most appropriate for you. You can read more about the different pathways on the Home Affairs website.
Because there are so many visas available, this is where a professional really comes into their own. Rather than potentially missing the right visa for your situation or wasting time learning about ones that aren’t relevant to you, have a professional guide you for piece of mind.
Permanent Resident
There are multiple pathways to gaining Permanent Residency, if that is your longer term goal then we recommend you start off on the right foot and get professional help to map that pathway out. It can be an expensive and slow process as Australia accepts a limited number of applications each year.
