Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Searching for suitable professional assistance for your visa matter that can assist with your specific matter can be overwhelming. Even though the immigration process may seem simple, with gathering documents and filling out forms, if your circumstances are complicated, you may wonder: Should I engage a migration agent or an immigration lawyer?
What is a Registered Migration Agent (RMA)?
Registered Migration Agents (RMA) are registered with the Office of the Migration Agents Registration Authority (OMARA) after completing the Graduate Diploma in Australian Migration Law and Practice and passing the Capstone assessment. They are licensed professionals authorised to provide immigration advice and assist with visa applications. RMA primarily focus on assisting in the visa application process, completing paperwork and ensuring your application meets all requirements. They can interpret Australian immigration laws and policies relating to individual applications. However, RMA cannot practice law, represent clients in legal proceedings, or give legal advice about complex legal matters.
What is an Immigration Lawyer?
Immigration lawyers are qualified legal practitioners who have completed a law degree(s), are admitted as solicitors by the Supreme Court, and are registered to practice law in Australia, such as the Law Society for NSW. Additionally, a small percentage of immigration lawyers in Australia are accredited in a specific area of law; for example, those who are in immigration law are called Accredited Specialists in Immigration Law. They are qualified in legal analysis and interpretation of legislation from different areas of law, making them better suited for more complex cases involving employment, health, criminal issues, and more.
Immigration lawyers can handle everything a migration agent does, plus complex legal matters. Accredited Specialists in Immigration Law specialise in handling complex issues such as unlawful individuals, Public Interest Criteria (PIC) such as re-entry bans, representing clients in courts and the Administrative Review Tribunal (ART), judicial review or providing legal advice on character, health, refusal, or cancellation issues.
When Do You Need a Registered Migration Agent (RMA)?
If you seek assistance with immigration matters, such as visitor visas or student visas.
If you wish to ensure your application is correctly completed and meets all requirements.
When you need assistance understanding documentation or eligibility criteria.
When Do You Need an Immigration Lawyer/Accredited Specialist in Immigration Law?
If you are seeking any legal advice on your visa matters.
If you are in a complex circumstance, such as character, unlawful or health issues.
If you are appealing visa refusals or cancellations.
When facing detention or deportation.
For legal advice on complex immigration laws or preparing legal submissions for your visa matter.
Why Choosing the Right Professional Matters
Lawyers have a legal background, enabling them to handle complex visa issues effectively.
RMA generally charge lower fees for standard applications, while lawyers may be more expensive, though they can provide legal advice and representation for complex matters.
Lawyers are subject to client legal privilege, which means communication between a lawyer and a client is confidential, ensuring the client can seek legal advice freely.
Related:
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
How to Make the Most of Your Consultation with An Accredited Specialist in Immigration Law
How Can Agape Henry Crux Help
Suppose you are interested in seeking professional assistance for your visa matter. At Agape Henry Crux, our immigration lawyers can assist you in exploring the best options to meet your visa goals. For any complex issues, consider consulting with Jason Ling or Angela De Silva, our Accredited Specialists in Immigration Law, for tailored advice for your complex immigration matter. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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