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Why Use a Professional?

It is illegal for individuals or organisations in Australia to provide immigration advice and assistance unless they are:

Core Values

An organisation’s overview of their core values can help others to understand what is important to the company. It can help others understand whether they share a common goal and whether or not the professional is right for them.

Difference Between a Registered Migration Agent and a Lawyer?

First, overseas operators who are not Registered Migration Agents, are not regulated. Visa applicants who engage these operators to manage their case, without the oversight and direct input of an experienced registered migration agent, are in the cohort of migrants facing the highest risk of improper conduct.

These operators will not have a MARN and often will not have an Australian practising certificate in Australia law. Visa applicants receiving advice from overseas operators should ask for the credentials of the registered migration agent/Australian legal practitioner that the operator claims to align themselves with, and check them against the OMARA’s list of registered migration agents or the list of legal practitioners with the relevant Australian state or territory .

Registered migration agents are registered with, and regulated by, OMARA. This means they are obliged to practice in a manner that is professional and in the best interests of the client who includes visa applicants and sponsoring employers.

Registered migration agents are qualified in Australian immigration law and practice. This type of specialised study typically results in registered migration agents having established many years of relevant industry experience - it is possible to gauge their years of registered experience by referring to their Migration Agent Registration Number (“MARN”) which must be displayed in their office, within formal correspondence and marketing. The first two digits of the MARN represent the year in which the registered migration agent was registered with OMARA. For example, “MARN 10…..” shows they have been practising as a registered migration agent since 2010. To maintain that registration, they have been required to make annual applications to OMARA and these can only be approved on the basis of the registered migration agent’s ability to demonstrate compliance, in the 12 months prior, with a list of criteria including their upskilling and knowledge of Australian immigration law and ethical practice.

Until recently, Australian legal practitioners were not permitted to provide immigration advice and assistance in Australia unless they were lawyers holding a practising certificate granted under a law of an Australian state or territory and were also registered migration agents with OMARA.

As of 22 March 2021, Australian legal practitioners are no longer required to hold dual registration with OMARA which means their legal practicing certificate alone will be sufficient to meet OMARA’s requirements in determining who is able to provide Australian immigration assistance. It also means that legal practitioners can rely on their ability to renew their legal practising certificate each year without having to demonstrate a current knowledge of Australian immigration nor the Code of Conduct relevant to Australian visas, migration law and practice.

Both professionals are subject to extensive education in law with registered migration agents completing annual CPD requirements that are specific to Australian migration law and ethical standards.

Both professionals can also represent their clients to the authorities including the Department of Home Affairs, skills assessing bodies, State or Territory Governments, the Administrative Appeals Tribunal (AAT) and formal requests for personal intervention by the Minister of Home Affairs. Legal practitioners can then represent you with a judicial review at the Federal Circuit Court if those earlier pathways have been unsuccessful and jurisdictional error has been applied by the decision makers.  

Should I Use a Registered Migration Agent or a Lawyer?

For the most part, they do the same work and are suitably qualified.

Australian immigration is a tricky area of law that changes regularly so, our first recommendation is to use a professional that is either registered with the OMARA or the relevant state board. In doing this there is some assurance that their knowledge and practices are continuously regulated to ensure they are fit for practice. Our second recommendation is to engage someone who has many years of experience, and continues to practise full-time, in Australian immigration law.

Cost is likely to be a considerable factor so you may want to obtain a few quotes before making your decision. This often requires a consultation so the professional can understand your situation and complexities your case might have and plan what steps might be needed to avoid unexpected, additional costs. Also keep in mind that a significantly lower quote often reflects the experience of the representative and may result in further costs to remedy oversights or errors.

Ultimately, your decision should start with whether the professional has the right experience for your needs and if they can be the right fit for you, or your business.  

Josie Marr is the founder of Astra Australia Immigration and has been working in the immigration industry for most 15 years.

Check out our testimonials to learn how we have helped our clients and read our core values to see whether we are the right fit for you. Otherwise, contact us to discuss how we can help.