Immigration Lawyer & Migration Agent

Immigration lawyer Melbourne & Migration Agent: Who is better? What can and can’t they do for you.

In Australia only qualified people, like immigration lawyer & migration agent, who are registered by the Office of the Migration Agents Registration Authority or OMARA are legally permitted to give advice on matter relating to visa.

Only Immigration Lawyer & Registered Migration Agent or RMA are permitted to provide immigration assistance services. You should note that from 22 March 2021 lawyers do not need to be a registered migration agent to help you with your immigration and citizenship matter. All lawyers with unrestricted practising certificates will be freely able to provide immigration assistance in the course of legal practice.

Finding and working with the right immigration lawyer or registered migration agent is very important to a good visa outcome. If your visa application is refused or visa cancelled, this will often cause you and your family tremendous stress and anxiety. You and/or member(s) of your family may be forced to leave Australia, or member(s) of your family may not be able to join you in Australia. Having an experienced immigration lawyer or registered migration agent working for you is therefore very important to keeping your family together, for example, your sponsor/partner has significant criminal history and is prevented from sponsoring you for a Partner visa (click here to read more) or advising you how not to have a visa refused by the Department of Immigration (click here to learn, for example how to avoid Student Visa refusal) or how to prevent visa cancellation (click here to learn more) or help you obtain a permanent partner visa even if your relationship has broken down due to family violence (click here to learn more about temporary Partner visa holders experiencing domestic violence) or help you get out of immigration detention center (click here to learn more) or help you challenge the Department of Immigration’s decision to refuse your visa application (click here to learn how) or if your visa is about or is cancelled because you failed the Character test (click here to learn more) or how to lodge an AAT application (click here to learn whether AAT can review an invalid application) or advise whether you need to attend AAT hearing (click here to learn more) or help you with Australia citizenship matter (click here to learn, for example, my child was born in Australia and we have been living here for more than 10 years or what if my child was born on Qantas flight or how many years do I have to live in Australia before I can apply for citizenship) or tell you which is the best pathway to obtain a permanent visa (click here to learn how an overseas trained nurse can obtain permanent resident visa) or how to include members of your family in a combined visa application (click here to learn more about adding and/or including family members in visa application) or to apply for a bridging visa (click here to learn more) or to help you successfully gain a Skilled Nominated (Subclass 190) permanent visa nominated by the NSW government (click here to learn how).

If you failed the character test, that is, you have a substantial criminal history or record and you are in jail, the Department will cancel your visa, including permanent visa, and after you have served your imprisonment sentence you will be detained in an immigration detention centre. You should contact a migration lawyer to request the Minister to revoke the cancellation (click here to learn more about section 501(3A) mandatory visa cancellation or click here to learn about section 116(1)(e)(i) visa cancellation)

Why use a registered migration agent?

If you don’t use a person who is registered by the OMARA to help you with your visa application or visa refusal or visa cancellation, you will risk being exposed to migration fraud by the people who have little or no knowledge of Australian migration law or migration procedures. You will also risk losing your hard-earned money to people who have no knowledge or capacity to provide you with migration assistance (click here to read more about Partner visa scam; visas scam; jobs scam).

Unregistered persons claiming to Immigration Lawyer & Migration Agent can give you wrong advice or make false promises or might just take your money or might not handle your documents properly or might not tell you about your visa outcome.

Although some exemptions apply to certain people who are not registered with OMARA to give limited migration assistance and they include:

• visa applicant’s sponsor or nominator; or
• visa applicant’s or sponsor’s or nominator’s close family member; or
• an official who are permitted to give assistance when performing their job; or
• a Member of Parliament; and
• a member of a diplomatic mission, consular post or international organisation helping to prepare submissions to the Minister of Home Affairs and who is giving the help for free.

It is a criminal offence under section 280 and 281 of the Migration Act 1958 for a person who is not a registered migration agent for giving immigration assistance or receiving a fee for giving visa assistance.

What is immigration or migration assistance?

The law defines a person giving immigration or migration assistance:

• if he or she uses, or pretend to use, knowledge of, or experience in, migration procedure to assist a person applying for a visa; or
• advising the visa applicant or a person whose visa is about to be cancelled or has been cancelled, for example, your visa is cancelled at the airport (click here to learn more); or
• preparing for the visa applicant review application for visa application refusal or visa cancellation, including a merits review to the AAT (Administrative Appeals Tribunal) or appeal application to the FCCA (Federal Circuit Court of Australia); or
• representing the visa applicant at the AAT or FCCA.

What can an immigration lawyer do for you?

Immigration lawyer & migration lawyer has to be issued with a valid Practising Certificate in order for them to work as a solicitor or lawyer.

All practising immigration lawyers must have appropriate professional indemnity insurance that will cover them in the event of giving wrong advice or causing their clients to lose money because of negligence.

1. An immigration lawyer can explain all the visa options available for your personal circumstances, including bridging visas (click here to learn more).
2. An immigration lawyer can tell you which visa will best suit you.
3. An immigration lawyer can provide you with visa application checklist making it easier and quicker for the Department of Immigration (Department of Home Affairs) to assess your visa application.
4. An immigration lawyer can help you with your visa application and you can authorise him or her to communicate with the Department of Immigration and other agencies for you.
5. An immigration lawyer can represent you at the AAT and can draft legal submissions to support your merits review.
6. An immigration lawyer can give you advice on Australia Citizenship matter (click here for example of a child born in Australia to non-Australia citizens or permanent residents; a child born on a Qantas flight to Australia; how many years do I have to live in Australia before I can apply for Citizenship).

What can’t an immigration lawyer do?

1. An immigration lawyer cannot guarantee you that your visa application will be successful, or the AAT will remit your visa refusal back to the Department of Immigration.
2. An immigration lawyer cannot help you to obtain a visa if you are unable to satisfy the visa criteria.
3. An immigration lawyer cannot promise you that the Department of Immigration will treat your visa application more favourably or even to prioritise your visa application.
4. An immigration lawyer does not normally help you with securing a sponsor or a nominator or a partner.

According to the Law Council of Australia, the main differences between lawyers and registered migration agents are:

• Qualifications – lawyers are required to study a broad range of laws and registered migration agents are only required to know certain areas of migration law and are not required to study citizenship law or other areas of law that may clients.
• Scope of service – only lawyers can assist clients with migration matters before the courts and the General Division of the AAT. Only lawyers are qualified and authorised to provide legal advice where the clients’ matters involve issues other than migration.
• Insurance – lawyers require a higher level of insurance than a registered migration agent.
• Legal professional privilege – whatever you tell your lawyer is protected by the confidentiality of legal professional privilege whereas communications between registered migration agents and you are not protected in that way.

How to choose the right immigration lawyer?

Choosing a right immigration lawyer is important to help you with your visa application or visa cancellation or AAT merits review.

Before you engage an Immigration Lawyer & Migration Agent, you should first list down all the questions you need to ask, for example:

• visa options best suit your circumstances;
• what sort of assistance is available to help you;
• does he or she speaks your language, if you are not fluent in English (移民律师 or peguam imigresen or abogado ng imigrasyon or pengacara imigrasi or ทนายความด้านการเข้าเมือง or luật sư di trú);
• what are the fees – fixed or payable by the hour (for example, blocks of 6 minutes);
• will you be given a written contract (or retainer agreement) – an immigration lawyer will usually give you a contract if his professional fee is more than $750;
• will your payments be held in a trust bank account – an immigration lawyer will usually hold your payments in trust until work is completed;
• will you receive a receipt each time you make a payment – an immigration lawyer will usually issue you with a trust receipt;
• will you receive an invoice for work completed – an immigration lawyer will usually issue you with an invoice for work that is completed, and you will usually have 7 days to challenge the invoice

The OMARA maintains a public website to allow you to make sure your immigration lawyer or registered migration is registered (click here to find an registered migration agent).

If your immigration lawyer is practising in the State of Victoria, you can search on the LSB’s website whether he or she is a currently allowed to practice as a lawyer or solicitor.

Are all registered migration agents also lawyers?

From 22 March 2021, lawyers do not need to be registered migration agents. All lawyers have to complete at least 3 years of tertiary studies and a postgraduate legal practice course. All lawyers have to complete a Bachelor of Laws or a Master of Laws or a Juris Doctor degree to be admitted to practise as a solicitor or lawyer.

Immigration lawyer & migration agent can help you explore Australia visas

• Bridging visas. Immigration lawyer & registered migration agent can help you to:
  • decide if you are able to apply for a bridging visa or
  • to change your bridging visa condition, for example, to travel overseas or for permission to work or
  • to get out of immigration detention (click here to learn more) or
  • your visa has been cancelled at the airport (click here to learn more).

• Student & Student Guardian visas. Immigration lawyer & registered migration agent can help you to:
  • apply for a student visa (click here to learn about Subclass 500) or
  • decide if you are required to provide evidence of English language proficiency (click here to learn more)
  • apply for a student guardian visa (click here to learn about Subclass 590)

• Business and Investment visas. Immigration lawyer & registered migration agent can help you to:
  • operate your business under the Business Innovation Subclass 188 or 188A stream (click here to learn more or calculate your points to establish if you qualify for this visa) or
  • to invest in a State or Territory under the Business Investment Subclass 188 or 188B stream (click here to learn more or calculate your points to establish if you qualify for this visa) or
  • to make a significant investment of $5mil in a State or Territory under the Subclass 188 Significant Investment Visa or 188C stream (click here to learn more) or
  • you have been invited by Austrade to make a Premium investment of $15mil under the Subclass 188 PIV stream (click here to learn more) or
  • you have fantastic business idea and have received funding for a start-up enterprise (click here to learn more about Subclass 188E or Entrepreneur stream) or
  • Business Owner visa (click here to learn more about Subclass 890) or
  • Investor visa (click here to learn more about Subclass 891) or
  • State or Territory Sponsored Business Owner visa (click here to learn more about Subclass 892) or
  • State or Territory Sponsored Investor visa (click here to learn more about Subclass 893).

• Family visas. Immigration lawyer & registered migration agent can help you or your partner to:
  • if 1 of you is holding a Subclass 309 visa, to determine when to apply for permanent Partner or Marriage visa (click here to learn more about Subclass 100 visa) or
  • sponsor your child living in overseas to live in Australia (click here to learn more about Subclass 101 visa) or
  • sponsor your or your partner’s adopted child to live in Australia (click here to learn more about Subclass 102 visa) or
  • sponsor your or your partner’s parent to live in Australia (click here to learn more about Subclass 103 visa) or
  • sponsor your or your partner’s aged dependent living overseas to live in Australia (click here to learn more about Subclass 114) or sponsor your or your partner last remaining relative to live in Australia (click here to learn more about Subclass 115) or
  • sponsor an overseas relative to provide care and assistance to you or a member of your family who has a medical condition (click here to learn more about Subclass 116 Carer visa) or
  • sponsor your or your partner orphan relative to live in Australia (click here to learn more about Subclass 117) or
  • apply for a permanent Contributory Parent visa for your parent or your partner’s parent (click here to learn more about Subclass 143) or
  • apply for a temporary Contributory Parent visa for your parent or your partner’s parent (click here to learn more about Subclass 173) or
  • sponsor your overseas partner for a Prospective Marriage visa to come to Australia to get married (click here to learn more about Subclass 300) or
  • if you married your partner outside Australia, sponsor him or her to live with you in Australia (click here to learn more about Subclass 309) or
  • sponsor your or partner’s dependent child to live in Australia (click here to learn more about Subclass 445) or
  • if you are a NZ citizen living in Australia, to help your non-NZ citizen family member to live in Australia with you (click here to learn more about Subclass 461) or
  • if 1 of you is holding a Subclass 820 visa, to determine when to apply for permanent Partner or Marriage visa (click here to learn more about Subclass 801) or
  • sponsor your or your partner’s child who is currently in Australia for a Child visa (click here to learn more about Subclass 802) or
  • sponsor your or your partner’s aged or retired or pensioned partner to live permanently in Australia (click here to learn more about Subclass 804) or
  • sponsor your non-Australia citizen or permanent resident partner who is in Australia for a temporary or first stage Partner visa (click here to learn more about Subclass 820) or
  • sponsor your or your partner’s last remaining relative who is visiting Australia for a permanent visa (click here to learn more about Subclass 835) or
  • sponsor your or your partner’s overseas relative who is visiting Australia to provide care and assistance to you or a member of your family who has a medical condition for a Carer visa (click here to learn more about Subclass 836) or
  • sponsor your or your partner’s orphan relative who is visiting Australia for a permanent visa (click here to learn more about Subclass 837) or
  • sponsor your or your partner’s aged or retired or pensioned dependent relative who is visiting Australia for a permanent visa (click here to learn more about Subclass 838) or
  • sponsor your or your partner’s aged parent for a permanent Contributory visa (click here to learn more about Subclass 864) or
  • sponsor your or your partner’s parent for a temporary visa to live in Australia (click here to learn more about Subclass 870) or
  • sponsor your or your partner’s aged or retired or pensioned parent for a temporary Contributory visa (click here to learn more about Subclass 884).

• Immigration lawyer & migration agent can help you to increase your changes of securing a:
  • Distinguished Talent visa if you have international acclaimed achievements and you are outside of Australia (click here to learn more about Subclass 124) or
  • employer nominated or sponsored permanent ENS working visa (click here to learn more about Subclass 186 Labour Agreement stream or Temporary Residence Transition / TRT stream or Direct Entry / DE stream or how to prevent nomination from being refused) or
  • regional employer nominated or sponsored permanent working visa (click here to learn more about RSMS Subclass 187) or
  • skilled independent permanent points based visa (click here to learn more about Subclass 189) or
  • State or Territory nominated or sponsored permanent visa (click here to learn more about Subclass 190) or
  • Skilled regional permanent visa (click here to learn more about Subclass 191) or
  • Temporary work visa (click here to learn more about Subclass 400; Subclass 403 International Relations) or
  • Training visa (click here to learn more about Subclass 407) or
  • Temporary Activity visa (click here to learn more about Subclass 408) or
  • Skill Recognised Engineering Graduate visa (click here to learn more about Subclass 476) or
  • Temporary Skill Shortage visa (click here to learn more about Subclass 482 Sponsorship; Subclass 482 Nomination; Subclass 482 Visa Application) or
  • Temporary Graduate visa for students studying in Australia (click here to learn more about Subclass 485) or
  • Skilled Regional State or Territory or Relative sponsored visa (click here to learn more about Subclass 489) or
  • Distinguished Talent visa if you have international acclaimed achievements and you are visiting Australia (click here to learn more about Subclass 858) or
  • Skilled Regional permanent visa (click here to learn more about Subclass 887).

• Immigration lawyer & registered migration agent can advice you on which tourist or visitor visa to apply if you plan to visit Australia for a holiday or visit family and friends or to explore business opportunities (click here to learn more about Subclass 600; Subclass 601; Subclass 651)

• Immigration lawyer & registered migration agent can advice you if you can or help you to apply for working holiday visa (click here to learn more about Subclass 417; Subclass 462).

• If you are an Australian permanent resident or former permanent resident, you must have a valid visa to return to Australia. Immigration lawyer & registered migration agent can help you to apply for a Resident Return Visa (click here to learn more about Subclass 151 – Former Resident; Subclass 155 – 1 year or 5 years; Subclass 159 – Norfolk Island).

• If you fled your home country on a plane to Australia because you fear harm or persecution. immigration & registered migration agent can help you to apply for a Protection Visa (click here to learn more about Subclass 866) or
• If you have been harm or fear harm or persecuted in your home country and fled to Australia on a boat, immigration lawyer & registered migration agent can help you to apply for temporary protection visas (click here to learn more about Subclass 785 or Subclass 790).
• If you are not in Australia, you can still apply for refugee or humanitarian visa (click here to learn more about Subclass 200 – offshore refugee visa; Subclass 201 – offshore humanitarian visa; subclass 202 – global humanitarian visa; subclass 203 – emergency rescue visa; subclass 204 – woman at risk visa; subclass 449 – temporary humanitarian visa; subclass 800 – political asylum visa).

Australian migration law is complex and difficult to understand, contact our immigration lawyer & registered migration agent for a consultation (fee applies) to review your Australia visa matter or you can try to find answers to your questions on our FAQ (click here).

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.