When navigating the complex and ever-changing Australian immigration system, choosing the right professional to assist with your visa application or immigration matter is crucial. Many people believe that a lawyer is inherently more qualified than a migration agent, but this is not always the case, especially when it comes to specialized immigration knowledge. Here, we’ll break down the differences between lawyers and migration agents, their respective roles, and why opting for a skilled migration agent can often be the best choice for your immigration needs.
1. Training and Specialization
Migration Agents: To become a Registered Migration Agent (RMA) in Australia, one must complete a Graduate Diploma of Australian Migration Law and Practice. RMAs are required to undertake continuous professional development (CPD) every year to maintain their registration with the Office of the Migration Agents Registration Authority (MARA). This ensures they stay current with the latest changes in immigration law, which occurs at least every six months.
Lawyers: While lawyers have a broad education that covers various areas of law such as family, criminal, and corporate law, they may not be specialised in immigration. Lawyers are not required to complete specific training in immigration law unless they choose to specialise in this area. Consequently, a general practice lawyer may not have the same up-to-date knowledge as a dedicated migration agent.
2. Scope of Services
Migration Agents: Migration agents are specialists in Australian immigration law and provide guidance on visa applications, sponsorships, and compliance issues. They can represent clients in dealings with the Department of Home Affairs and provide assistance if a visa is refused, including representing clients at the Administrative Review Tribunal (ART). However, migration agents cannot represent clients in court.
Lawyers: Lawyers can represent clients in all matters, including those in court. This is beneficial if your case is complex and may require litigation or legal interpretation beyond the scope of what migration agents can offer. However, for most visa and ART matters, this level of representation is not necessary.
3. Fee Structure
Migration Agents: Typically, migration agents offer a flat fee for handling visa applications and other related services. This means you know upfront what you will be paying, which can help avoid unexpected costs.
Lawyers: Lawyers generally charge by the hour for their services, including time spent on emails, phone calls, and consultations. This can lead to significantly higher costs, especially if the case is complex or involves frequent communication.
4. Choosing the Right Professional for Your Needs
It’s essential to choose a professional who is not only qualified but also experienced in handling immigration matters. Here are a few tips:
Check the MARA Number: The first two digits of an agent's MARA number indicate the year they registered. For example, a MARA number starting with "12" means the agent has been registered since 2012. This can give you an idea of their experience level.
Specialisation Matters: If you choose to work with a lawyer, ensure they specialize solely in immigration law. Many lawyers practice multiple areas of law, which may dilute their expertise in the specific and dynamic field of immigration.
5. Beware of Shady Operators
Both lawyers and migration agents can have unscrupulous operators. It is vital to do your due diligence before engaging any professional. Check for:
Registration with the Office of the Migration Agents Registration Authority (MARA) for agents.
Whether a lawyer is accredited as a Specialist Immigration Lawyer through the relevant State Law Society.
Reviews and testimonials from previous clients.
6. Conclusion: Why Choose a Migration Agent?
For most visa applications and representation with the Department of Home Affairs or the ART, a registered migration agent with up-to-date knowledge and a flat-fee structure can provide excellent value and specialised expertise. While lawyers are indispensable for court matters and complex legal issues, their generalist training and variable fee structure may not be the best fit for routine immigration cases.
If you’re considering professional assistance with your immigration needs, consider consulting with an experienced migration agent or a lawyer who specialises exclusively in immigration. Remember, choosing the right professional can make all the difference in your immigration journey.
While it’s not mandatory to use a migration agent for your visa application, having professional guidance can significantly increase your chances of success and help avoid costly mistakes. Here's when it might be beneficial to seek the help of a migration agent:
Initial Guidance and Strategy: Sometimes, a single consultation can provide you with the clarity you need. An agent can help you determine the best visa pathway, confirm your eligibility, and understand the requirements, preventing mistakes like applying for a visa that doesn’t offer a health waiver or doesn’t match your situation.
Complex Immigration History: If you have a complex immigration history, such as previous visa refusals or cancellations, working with an experienced migration agent is crucial. They can navigate the intricate rules and regulations, ensuring that your application is handled correctly.
Lack of Evidence or Documentation: If you are unsure about the documents needed to support your application or do not have access to the required evidence, a migration agent can guide you through what is needed and help you gather the necessary information.
Time Constraints: The visa application process can be time-consuming and stressful. If you don’t have the time to dedicate to understanding and completing your application accurately, a migration agent can manage this on your behalf.
Health or Character Issues: If you have health conditions or a criminal record, a migration agent is essential. They can advise you on the best approach to these sensitive issues, such as applying for health or character waivers.
Anxiety and Uncertainty: If you feel overwhelmed or anxious about the visa process, working with a migration agent can provide peace of mind. Their expertise can help you feel more confident and informed throughout the process.
Overall, while you may not always need a migration agent, their guidance can be invaluable, especially for complex cases or if you are unsure about your eligibility. A professional consultation can save you time, money, and the stress of navigating the immigration process on your own.
Our fee structure is designed to cater to various needs and levels of support for your immigration process. Here’s a breakdown of our fees:
Consultation Fees:
Phone Consultation: Starting from $50
Video Consultation: Starting from $150
Face-to-Face Consultation: Starting from $200
Visa Application Fees:
Our professional fees for visa applications range from $2,000 to $5,000 (excluding GST), depending on the complexity and duration of the process. For example, more complex applications such as partner or child visas can take 12-24 months to process, resulting in higher fees.
Specialised Services:
Complex S57 Letter Responbse Submission, Health or Character Waiver Applications: $3,000 (excluding GST)
Administrative Appeals Tribunal (AAT) Appeal Applications: Starting from $4,000 (excluding GST)
Review and Advice Services:
We also offer review and advice services for those who have prepared their own applications but need professional reassurance regarding accuracy and completeness.
Free Discovery Call:
You can book a free 10-minute discovery call to determine if we are the right fit for your needs and get a clear understanding of the costs involved for your specific case.
Feel free to contact us for more information or to schedule your consultation.
Navigating the immigration process can be daunting, but with our streamlined and personalized approach, you’ll know exactly what to expect and feel confident every step of the way. Here’s a breakdown of the process we follow to ensure your immigration journey is as smooth and stress-free as possible:
1. Assessment and Guidance
We start by thoroughly assessing your unique immigration situation. Every case is different, and we believe in providing tailored advice that aligns with your specific circumstances and goals. During this stage, we’ll discuss your eligibility, visa options, and the requirements needed to proceed. Our aim is to equip you with a clear understanding of the best pathway forward.
2. Fixed Price Solution
After understanding your needs and the complexity of your case, we will offer you a fixed-price solution. This means you can trust that there won’t be any hidden costs or surprises, allowing you to plan your budget with confidence. We believe in transparency and delivering value, so you can be assured that our services are designed to meet your needs efficiently and effectively.
3. Application and Submission
Once you decide to move forward, we’ll handle the entire application process for you. This includes meticulous document preparation and ensuring all required evidence meets visa criteria. Our attention to detail minimizes the risk of delays or rejections. When it comes to submission, we ensure your application is complete and accurate, adhering to all deadlines and requirements set by the immigration authorities.
4. After Lodgement Support
Our support doesn’t end once your application is lodged. We act as your primary point of contact with immigration authorities, handling all communications on your behalf. You’ll receive timely updates on the progress of your application and any developments along the way. Should any issues arise, we’re here to address them promptly, providing you with peace of mind throughout the waiting period.
5. Ongoing Communication and Support
We understand how important this process is to you, and we are committed to being with you every step of the way. From the initial consultation to the final outcome, our team is available to answer your questions, address any concerns, and ensure you are always informed and comfortable with each stage of your application.
By customising each stage of the process to fit your individual needs, we provide a truly personalised experience, making your immigration journey as straightforward and successful as possible. Your satisfaction is our top priority, and we’re dedicated to supporting you in achieving your immigration goals.
For more information or to start your journey with us, feel free to get in touch. We’re here to help you every step of the way!
Absolutely. We strictly adhere to the Migration Agents Code of Conduct, which ensures that your personal information remains confidential and is never shared with any third parties without your explicit consent. Additionally, we use secure client portals to store and manage your information, minimizing the risk of cyber threats. Your privacy and data security are our top priorities, and we are committed to protecting your information at every step
Yes, you can get a refund depending on the stage of your case and the work we have completed. Here’s how our refund policy works for matters where we charge on a fixed-fee basis:
100% Refund: If you decide not to proceed and notify us in writing before we have requested any information or documents from you (or a third party) and before we have commenced drafting forms, you will receive a full refund.
50% Refund: If you decide to stop and notify us in writing after we have requested information or documents from you (or a third party) or started drafting forms, but before we have commenced drafting submissions, you will receive a 50% refund.
30% Refund: If you decide to cancel and notify us in writing after we have started drafting submissions, you will receive a 30% refund.
No Refund (0%): If you decide not to proceed and notify us in writing after we have sent you a draft submission or lodged an application on your behalf, no refund will be available.
We are committed to transparency and fairness in our refund policy. If you have any questions or need further clarification, feel free to reach out to us.