Updated: 18 October 2024
This article explores the key differences between migration agents and migration lawyers. While both migration agents and migration lawyers can assist with visa applications and immigration matters, they have distinct qualifications, roles, and areas of expertise.
We will explain the services they offer, the legal protections they provide, and the broader scope of advice that a migration lawyer can offer beyond migration law.
With over 200 Australian visa subclasses on offer and migration laws that are becoming increasingly complex, obtaining an Australian visa is not longer a walk in the park.
There are those visa applicants who choose to apply for their visa without the assistance of a Migration Agent or Lawyer. A process as critical as moving countries is a complex legal process, and not one we would recommend undertaking without professional advice. In fact, we urge potential applicants to engage the services of a Migration Agent or Lawyer at the earliest stages of your application. This can only help to ensure you avoid oversights and/or mistakes that may affect whether your visa is eventually granted or refused.
Migration Agents
In Australia, immigration advice can only be given by either a Registered Migration Agent (RMA), or a lawyer. If you are engaging a Migration Agent it is important to ensure they are legitimate by searching the Register of Migration Agent.
‘Immigration assistance’ is classified under section 276 of the Immigration Act 1958 as help with preparing a visa application or documents, offering advice, as well as preparing for proceedings and representing a visa applicant before a court or review authority.
What can a Migration Agent do?
Migration agents offer a range of services, including providing expert advice on visa requirements, assisting with the preparation and submission of visa applications, and handling communication with the Department of Home Affairs on your behalf. They can also represent you in the Administrative Appeals Tribunal if your visa is refused or cancelled.
To become a registered migration agent, individuals must first complete a 12 to 24-month certificate or diploma in Australian migration law from a recognised tertiary institution. After completing this program, they must pass the Capstone Exam. Upon successfully passing the exam, they can register with the Office of the Migration Agents Registration Authority (OMARA), receive their Migration Agents Registration Number (MARN), and begin practising as a registered migration agent.
Migration Lawyers
Unlike a Migration Agent, a lawyer is qualified to provide ‘immigration legal assistance.’
A migration lawyer has completed a law degree and Practical Legal Training, and is registered with the Legal Admissions Board and the Law Society. One key benefit of working with a lawyer is that they can claim legal professional privilege, which protects the confidentiality of all communications and documents between the client and lawyer. This means that any information you provide to a migration lawyer is legally protected, and they cannot disclose your details to the Department of Home Affairs without your consent.
Migration lawyers can also represent you in appeals to higher courts, such as the Federal Circuit and Family Court of Australia (FCFCOA), the Federal Court of Australia (FCA), and the High Court of Australia. Unlike migration agents, who focus strictly on migration-related matters, migration lawyers are equipped to identify and address how other areas of law, such as employment, taxation, or family law, may impact your case. For example, if you are applying for an employer-sponsored visa but also have concerns about your rights as an employee, a migration lawyer can provide expert legal advice on both immigration and employment law.
Choosing a migration lawyer over a migration agent offers the advantage of a broader scope of legal expertise. This can be particularly beneficial if your situation involves legal matters that extend beyond migration law, allowing you to receive comprehensive advice from a legal professional with practical experience across multiple areas of law.
Section 277 of the Migration Act 1958 where the main difference between the two is the Migration Lawyer’s ability to act for the visa applicant and provide legal advice, something a Migration Agent is unauthorised to do.
