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Legal Advice: Migration Lawyer or Migration Agent?

Tailored support throughout the process

When navigating Australia’s complex immigration system, understanding the difference between a migration lawyer and a Registered Migration Agent (RMA) is crucial. Consulting with a professional, whether a lawyer or RMA, can greatly reduce stress and help ensure the best visa options for your situation.

From simple to complex

Registered Migration Agents (RMAs) are regulated and focused on visa applications and merits review, while immigration lawyers have a law degree and can handle complex legal appeals, including those to higher courts.

Tailored Migration Advice

Consulting a migration lawyer or RMA ensures you receive expert advice tailored to your visa needs. Lawyers offer broader legal support, including appeals, while RMAs specialize in visa processing and initial reviews.

Dual Registration eliminated

As of March 2021, immigration lawyers no longer need dual registration to provide migration advice, streamlining the process and offering a broader scope of legal assistance compared to RMAs.

Australia is expected to rank 12th on world’s largest economy by 2021. The country is known for its consistent growth on market value of goods, otherwise known as the Gross Domestic Product, and one compelling factor for its economic success is its immigrants. The country has been estimated to host over two hundred thousand net overseas migrants every year, and by November 2019 they comprise 72% of the total labour force participation. This positively affects the rise of per capita GDP because of high and large participation on the labour force.

A lot of individuals across the globe want to migrate in the country for its promising opportunities on employment, healthcare, education, lifestyle, and tourism due to the increasing dollar value of Australia and its economic strength. While it might be true that Australia is home to over seven million migrants by the year 2019, the country is extremely cautious and has one of the most rigorous immigration processes, causing over 40 thousand rejected applications each year. It is a well-known fact that residency and citizenship applications does not come cheap.

This is the importance of knowing when and who to consult for legal services in matters of migration. And yet perhaps the most baffling question whether to consult an immigration lawyer or Registered Migration Agents (RMA) hinders our confidence onto securing a visa.

So, what really sets them apart?

Only Registered Migration Agents (RMAs) are regulated by the Migration Agents Registration Authority under a separate office of the Department of Immigration and Citizenship of Australia. Both the immigration lawyers and RMAs generally represent an individual in dealing with the Department of Home Affairs, and professionally provide advice in relevance to visa requirements for immigration and citizenship applications. Therefore, they complete an applicant’s application form, provides relevant supporting evidence, lodge the applications, and more significantly provides comprehensive legal advice. 

What really makes a difference is that an Immigration Lawyer has an acquired law degree and Practical Legal Training, while an RMA typically have completed a certificate of diploma on Australian Migration Law. Furthermore, Immigration Lawyers are registered with the Legal Admissions Board as well as Law Society.

Understand the difference between Immigration Lawyers and Registered Migration Agents (RMAs) to navigate Australia’s complex visa system.

Choosing between a migration lawyer and an RMA can impact your visa application process. Get professional help for comprehensive and personalised immigration solutions.

A lot of lawyers used to have dual registrations, which means they are also migration agents (registered with MARA) and practice immigration law at the same time. Seeking legal assistance with lawyers who are also MARA licensed are the only ones who can assist you in appeals to the Federal Circuit Court of Australia after an unsuccessful decision made by the Administrative Appeals Tribunal (AAT), Minister for Immigration and Border Protection (the Minister), and the Immigration Assessment Authority (IAA). RMAs on the other hand, are only allowed to assist in merits review with AAT. 

Update on Dual Registration

It is important to note however that by 22nd of March 2021, a new legislation under Regulation of Migration Agents Act 2020 has been commenced regarding the removal of dual regulation for immigration lawyers. This allows lawyers to provide immigration assistance without being a licenced Migration Agent. RMAs have been automatically moved from the OMARA register to a lawyer database and will be using a Legal Practitioner Number (LPN) in replacement with MARA identifier number.

Now that you know the key difference, why should you seek legal services?

It really does saves you from a lot of stress! By engaging in professional immigration services, you are one step away of knowing the risks and also which is the most suitable type of visa for you. You can be eligible for a lot of visa options, but your individual situation, qualifications, and experiences all depend on the approval of your application.

How Can Gabito Lawyers Help You?

Our team specifically excel in migration and citizenship. Our migration lawyers make sure that the advice they provide are based on your unique circumstances and is mostly suitable for your matter. 

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