{"id":5060,"date":"2022-03-02T09:45:03","date_gmt":"2022-03-01T23:45:03","guid":{"rendered":"https:\/\/www.blmigration.com.au\/?p=5060"},"modified":"2025-10-17T14:56:13","modified_gmt":"2025-10-17T04:56:13","slug":"differences-between-migration-agent-and-immigration-lawyer","status":"publish","type":"post","link":"https:\/\/www.blmigration.com.au\/en\/differences-between-migration-agent-and-immigration-lawyer\/","title":{"rendered":"Differences between migration agent and immigration lawyer"},"content":{"rendered":"\t\t
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Have you always thought that a Migration Agent and Immigration Lawyer are the same?\u00a0<\/span><\/h4>

Making the decision to migrate is both a costly, stressful and life-changing experience. Your next decision would be whether to engage a professional to assist you in the process or to handle the application yourself. If you have decided to engage a professional then you would want to make sure that you choose one who is qualified and currently registered. We will go through with you how to make this decision.\u00a0<\/p>

Key Differences between a migration agent and immigration lawyer<\/span><\/h1>

On 22 March 2021, deregulation of immigration lawyers occurred. Deregulation means Australian lawyers offering immigration assistance no longer have to hold dual registration.<\/p>

In the past, this often created duplication of registration fees and public confusion on the differences between a migration agent and immigration lawyer.\u00a0<\/p>
Key Point<\/strong><\/td>Migration Agent<\/strong><\/td>Immigration Lawyer\u00a0<\/strong><\/td><\/tr>
Registration Body\u00a0<\/td>

Office of the Migration Agents Registration Authority (OMARA<\/a>)<\/p>

They can be recognised by a registered MARN and you can search for them on the OMARA Portal.<\/a>\u00a0<\/p><\/td>

Legal Professions Admission Board (LPAB)\u00a0<\/p>

They can be recognised with a Legal Practitioners Number beginning with 55.\u00a0<\/p><\/td><\/tr>

Can they provide legal assistance?<\/td>

No<\/p><\/td>

Yes<\/p><\/td><\/tr>

Qualifications<\/td>They complete a\u00a01 year Graduate Diploma in Australian Migration Law and Practice and need to pass a Capstone assessment.<\/td>

They must have a relevant Bachelor or Masters degree in law and complete Practical Legal Training.\u00a0<\/p>

They must then also be admitted as a lawyer at the Supreme Court. Thereafter, they need to maintain an annual \u00a0practising certificate.\u00a0\u00a0<\/p><\/td><\/tr>

Legal Professional Priviliege<\/td>

Not available.\u00a0<\/p>

Therefore, must disclose client information and documents to authorities if requested by law<\/p><\/td>

Available.\u00a0<\/strong><\/p>

Can claim legal professional privilege which protects from disclosure of confidential documents between client and lawyer.\u00a0<\/p><\/td><\/tr>

Appeals<\/td>

Can only assist with visa applications and some merits review applications to Administrative Appeals Tribunal.\u00a0<\/p>

Cannot represent appeal in front of other courts.\u00a0<\/p><\/td>

Can assist with all types of appeals.\u00a0<\/p><\/td><\/tr><\/tbody><\/table>

Do I need professional help?<\/span><\/h1>

It is perfectly fine to handle the entire visa application yourself. In fact, many individuals choose to do so. However, consulting professionals before you begin is always advisable so that they can guide you through the process and you have the opportunity to ask questions before you get started.\u00a0<\/p>

In our experience, we have seen far too many cases where the client decides to embark on this journey alone but realises too late that one step was done incorrectly. This results in wasted time and additional costs as we have to restart the entire process for them. For a majority of the legal requirements, they are “time of application” requirements meaning once the application is lodged it is too late to fix after it has been submitted.<\/p>

What are the statistics of using a migration agent and immigration lawyer?<\/span><\/h2>

In the most recent Migration Agent Activity Report<\/a>\u00a0half-yearly report it shows that on average over 60% of individuals<\/span><\/strong> choose to engage either a professional migration agent or immigration lawyer to assist them with their permanent visa application. This includes partner visa<\/a>, other family visas<\/a>, work visa<\/a>, business or investment visa<\/a> etc. On the other hand, most people choose not to engage professional assistance for temporary visas such as visitor visa, student visa etc.\u00a0<\/p>

The stakes are high for permanent migration and you want to make sure you get it right the first time. Once an application is refused, the refusal record will stay permanently and can affect future applications. Appeals<\/a> are also usually costly. Refunds are also rarely available and with the expensive costs of permanent visa application charges it is important to lodge a perfect application.\u00a0<\/p>

Summary of the benefits engaging professional help<\/span><\/h2>