- December 20, 2022
- Posted by: NSWIT Support
- Category: Immigration Lawyer, Migration Agent
If you are looking to migrate to Australia, you will need to engage the services of either a migration agent or an immigration lawyer. Since the decision to migrate is both difficult and expensive, and life-changing, deciding initial consultation is an important step in the process.
You ought to be conscious that there are major differences between immigration lawyers and migration agents, but what is the difference between the two?
Migration agents are registered with the Australian government and are allowed to provide immigration advice. They can help you with visa applications, preparing documents, and arranging appointments with the Department of Home Affairs.
Immigration lawyers, on the other hand, are not registered with the Australian government and are qualified to provide legal advice on all aspects of migration law. They can represent you in court and help with appeals if your visa is refused.
So, which is right for you? That depends on your specific situation and needs. Keep reading for more information on the differences between migration agents and immigration lawyers—and how to choose the right one for you.
What Are the Main Differences Between Migration Agents and Immigration Lawyers?
When it comes to choosing the right professional to represent you in your visa application, the differences between migration agents and immigration lawyers might seem negligible. Both are tasked with helping you through the visa application charges process, after all, and both can provide valuable support and guidance.
However, there are key differences between the two that you should be aware of before making a decision. Migration agents are qualified to provide support and assistance with a range of visa subclasses, but they are not qualified to provide legal advice. Immigration lawyers, on the other hand, are experts in Australian immigration law and are able to offer legal advice and representation in court.
Another key difference is that migration agents can charge a fee for their services, while immigration lawyers usually work on a no-win, no-fee basis. So if you’re looking for someone to provide you with tailored advice and support throughout your visa application process, a migration agent is the right choice. But if you need expert legal representation in court, an immigration lawyer is your best bet.
When To Use a Migration Agent?
You might be wondering when you should use a migration agent, as opposed to an immigration lawyer. In general, migration agents are the right professionals to use when you need help with the paperwork and processes associated with:
- Permanent residency application
- Temporary residency applications
- Student visas
- Working holiday visas
- Canceling your visa or changing your visa status
Migration agents can also assist you with other issues related to visas, such as applying for a bridging visa while your application is being processed. If you have any other questions or concerns about your visa, or if you need help preparing and lodging an application, then it’s best to speak with a migration agent.
When To Use an Immigration Lawyer?
You might be wondering when you should use a migration lawyer. Generally speaking, you should seek legal counsel when:
- You have a criminal record or other issues that may prevent you from gaining visa categories, entry to or remaining in Australia
- You are looking to apply for a permanent visa option, such as the Australian Visa, or partners visa or Parent Visa and help you in understanding family law,
- You are in a complex or difficult situation and need expert advice
They can help you in the high court of Australia and will assist you in receiving the most recent immigration news and policy updates.
If any of these situations apply to you, it’s best to speak to an immigration lawyer as soon as possible. They will be able to assess your case and provide tailored advice on the best way to proceed.
What Services are Provided by a Migration Agent and an Immigration Lawyer
When it comes to moving to a new country, there are a few options available to you when it comes to getting the right help. You can go with a migration agent, or you can go with an immigration lawyer. But what’s the difference between the two?
Migration agents provide a range of services related to moving to a new country. This includes helping you to apply for visas and providing advice on the best way to move. They also offer support and guidance throughout the entire process, from start to finish and can help you with the visa application process and appeals to the Administrative Appeals Tribunal (AAT) regarding a cancellation or refusal decision
An immigration lawyer, on the other hand, is someone who can provide legal advice and assistance with all aspects of immigrating to a new country. This includes helping you to fill out the correct paperwork, attending tribunal hearings with you, and representing you in front of the authorities. They can also provide advice on how to overcome any barriers you may face during the process.
What are the Different Qualifications of a Migration Agent and an Immigration Lawyer?
Migration agents who have a practising certificate are qualified to provide advice on visa applications and help with the application process. A registered migration agent can also provide general information about migration law and the family and migration process of Australian migration law.
Migration agent requirements:
It must do the following –
Completed a 6-month training course and passed the exams; applied for OMARA registration.
In contrast, immigration lawyers have more extensive qualifications and are able to provide more comprehensive legal advice on all aspects of Australian immigration law. They can represent you in court, help with appeals, and guide you to deal area of law with other legal matters related to your immigration firm.
Immigration lawyer requirements:
- Complete a Bachelor of Laws degree (a minimum three-year qualification)
- gain practical legal training and work experience
- apply for admission to the Supreme Court as a lawyer
- Apply for a Practicing Certificate from the State Legal Practice Board and register with OMARA.
How Do I Choose a Good Migration Agent or Immigration Lawyer?
There are a few things to keep in mind when you’re looking for a migration agent or immigration lawyer. First, make sure they’re registered with the office of the Migration Agents Registration Authority or have a law certificate or diploma from a recognized university.
You should also check to see if they have any disciplinary action against them and whether they’re a member of a professional body, such as the Law Institute of Victoria or the Migration Institute of Australia.
It is also crucial to consider their level of experience. You want someone who’s been through the process before and knows what they’re doing. And finally, make sure you feel comfortable with them. They should be someone you can trust and who you feel like you can talk to openly.
Different Types of Clients That a Migration Agent and an Immigration Lawyer Work With
You might wonder what types of clients an immigration lawyer and a migration agent work with. Here’s a breakdown:
– Migration agents typically work with individuals who are looking to obtain a visa to live and work in Australia.
– Immigration lawyers typically work with businesses who are looking to sponsor foreign workers, as well as individuals who are seeking asylum or refugee status.
So, if you’re an individual who is looking to migrate to Australia, you would likely work with a migration agent. And if you’re a business owner who is looking to sponsor a foreign worker, you would work with an immigration lawyer.
What are the Different Rates Charged by a Migration Agent and an Immigration Lawyer
You might be wondering about the different rates charged by a migration agent and an immigration lawyer. Here’s the thing—a migration agent is usually going to be cheaper because they don’t have to go through the same academic rigour or have the same amount of experience.
An immigration lawyer, on the other hand, will have gone through years of schooling and will have way more chance of experience and are a legal practitioner. And because of that, they can charge more.
However, that doesn’t mean that a migration agent is a bad choice—in fact, many are very good at what they do. Consider it when making your decision.
What Are the Risks of Using a Migration Agent or Immigration Lawyer?
There are a few risks to be aware of when using a migration or immigration lawyer agent. First, you should know that not all migration agents or immigration lawyers are created equal. There are some bad apples out there who may not have your best interests at heart.
Second, even if you find a reputable migration agent or immigration lawyer, there is always the possibility that your application could be denied. This is beyond the control of your migration agent or immigration lawyer and is simply a risk that comes with the territory.
Lastly, migration agents and immigration lawyers can be expensive. Before making a decision, do your research properly.
How Can I Avoid Scams When Using a Migration Agent or Immigration Lawyer?
There are a few things you can do to protect yourself when looking for a migration agent or immigration lawyer.
First, do your research. Make sure you are using a reputable source to find an agent or lawyer. There are many resources available online, so take the time to read reviews and compare services.
Second, always verify credentials. Once you have found someone you think may be a good fit, make sure to check their credentials to ensure they are qualified to help you with your specific case.
Third, get everything in writing. Before you agree to work with someone, make sure you have a written contract that outlines the scope of work and fees involved.
By following these simple tips, you can avoid migration scams and ensure you are working with a qualified professional who can help you with your specific needs.
If you’re looking for someone to help you with your migration matters and immigration matters, it’s important to understand the difference between a migration agent and an immigration lawyer. A migration agent is an Australian legal practitioner who is qualified and registered. Immigration lawyers, on the other hand, are regulated by the law society in each state or territory.
Migration agents can provide a range of services, providing migration advice, from lodging visa applications to providing advice on the best way to meet visa requirements. They can also represent you at Migration Review Tribunal hearings. Immigration lawyers, on the other hand, can provide advice on a wider range of migration law issues and can represent you in court if your matter goes that far.
Remember, you can always consult both a migration agent and an immigration lawyer to get the best help with your immigration case which can be life-changing.
So, if you’re not sure which type of professional you need, it’s best to get in touch with both a migration agent and an immigration lawyer to get the best advice for your situation.