Call Us
5 Differences Between Immigration Consultants and Lawyers
There are many different ways to move to Australia and knowing the differences between immigration consultants and lawyers is important. This includes both the different visas that would-be immigrants can get and how to apply for them. It is possible to apply without help, but it is usually not a good idea. There are tens of thousands of pages of laws about immigration and migration, and there are many things that can go wrong.
When people need help, they usually have two choices: an immigration lawyer or an immigration consultant. Not surprisingly, there is a lot of confusion about what, if any, difference there is between these two positions. This is made worse by the fact that the two groups have a lot in common.
An immigration consultant is a professional who gives advice and helps with all parts of Australian migration law and procedure. They have to follow a strict code of conduct and are registered with the Migration Agents Registration Authority (MARA).
On the other hand, an immigration lawyer is a trained lawyer who is also registered with MARA. Lawyers can stand up in court for their clients, but consultants can’t.
So, if you’re thinking about moving to Australia, you might be wondering what kinds of professionals can help you through the process.
Here’s a quick look at how an immigration consultant in Australia is different from an immigration lawyer.
Qualifications
Migration Agents are required to:
- Completed a six-month training program and passed the exams.
- Apply for the Office of the Migration Agents Registration Authority (OMARA) registration
Expectations of Immigration lawyers are:
- Complete a Bachelor of Laws degree (3 years minimum)
- Undergo practical legal training and work experience
- Apply to the Supreme Court for admission as a lawyer
- Apply for a practicing certificate with the State’s Legal Practice Board
- Apply for registration with OMARA
Nonetheless, once the Migration Amendment (Regulation of Migration Agents) Bill 2018 is enacted, dual regulation for lawyers will be eliminated, as lawyers will be removed from the MARA regulatory system.
The Bill will also have implications for migration agents, including a two-year transition period of dual registration for migration agents who become lawyers, allowing them to continue to operate their migration agent business as agents whilst receiving supervision as required for their legal practicing certificate.
Existing lawyers are now required to be OMARA-registered to provide migration advice to clients, so the Bill is also expected to have a positive impact on this group. If the bill is passed, any Australian lawyer with a practicing certificate will be able to advise clients on migration matters, just as they can in other areas of law.
Level of Expertise
Immigration law is a very complicated field, and the laws and rules that govern it are always changing. Immigration law is based on a lot of laws, a lot of policy guidelines, directives from parliament, and more than 150 different types of visas.
Immigration lawyers are more likely to know the laws and how to apply them, so choosing a migration consultant with a legal background is a good idea.
Background may be crucial for achieving the best possible outcome for your application.
Invoking Law–Client Privilege
This idea of “legal professional privilege" is a big difference between migration agents and immigration attorneys. Even though migration agents have to keep their clients’ conversations private, only lawyers can claim legal professional privilege.
This means that an immigration lawyer can’t give the Department of Home Affairs any of your personal information or communications, even if they ask for them to use as evidence against you if you are being investigated or prosecuted. But any information you give to a migration agent is not protected by the privilege between a lawyer and a client. If asked, the agent will have to give out your information.
Standards of Conduct
There are many different ways to move to Australia. This includes both the different visas that would-be immigrants can get and how to apply for them. It is possible to apply without help, but it is usually not a good idea. There are tens of thousands of pages of laws about immigration and migration, and there are many things that can go wrong.
When people need help, they usually have two choices: an immigration lawyer or an immigration consultant. Not surprisingly, there is a lot of confusion about what, if any, difference there is between these two positions. This is made worse by the fact that the two groups have a lot in common.
An immigration consultant is a professional who gives advice and helps with all parts of Australian migration law and procedure. They have to follow a strict code of conduct and are registered with the Migration Agents Registration Authority (MARA).
On the other hand, an immigration lawyer is a trained lawyer who is also registered with MARA. Lawyers can stand up in court for their clients, but consultants can’t.
So, if you’re thinking about moving to Australia, you might be wondering what kinds of professionals can help you through the process.
Here’s a quick look at how an immigration consultant in Australia is different from an immigration lawyer.
Characteristics of Service
Advice and visa applications comprise the majority of the migration-related services offered. However, it also includes appealing to Tribunals and Courts in any required migration decision review processes.
Migration Agents
Whilst a migration agent can assist with the visa application process and the Administrative Appeals Tribunal appeals about a cancellation or refusal decision, certain matters require an appeal to the Commonwealth Courts of Australia. If this is the case, you cannot be represented in court by a migration agent.
Immigration Lawyers
An immigration lawyer can provide the same services as a migration agent, as well as full legal representation in court and advice on other legal matters relating to your immigration concerns.
Migration law is an extremely significant area of law in Australia, with far-reaching implications for all parties involved. It is therefore essential to have the best legal counsel and representation to maximise your migration opportunities.
For these reasons, you must be aware of the experience of the migration consultant you intend to hire, whether they have previously handled cases similar to yours and the length of time they have been practising in the field.
If you are thinking about making the move to Australia, keep in mind that the complexity of Australia’s migration laws means that it is in your best interest to seek professional help from a registered migration agent or an immigration lawyer.
Only a registered migration agent or an immigration lawyer can give you personalised advice about your particular circumstances. Do not engage the services of someone who is not registered with MARA or OMARA.
You should also be aware that several unregistered migration agents are happy to provide services without being registered. These individuals are not subject to the same compliance requirements as registered agents, and as such, you have no guarantee of their professional conduct or quality of service.
You can search the MARA and OMARA registers to check if someone is registered. The registers will also tell you when an agent’s registration expires and whether there are any conditions on their registration.
