Migration agent or immigration lawyer on the Gold Coast?
Both can lawfully help you with an Australian visa application. A registered migration agent prepares and lodges applications and can act for you at the Administrative Review Tribunal. If your matter has to go to court, that is legal practice and it needs a lawyer.
Side by side
| Registered migration agent | Australian legal practitioner | |
|---|---|---|
| May give immigration assistance | Yes, while registered (s.280) | Yes, in connection with legal practice (s.280(3)) |
| Regulated by | The Office of the Migration Agents Registration Authority (OMARA) and the Code of Conduct 2021 | The legal profession law of their state or territory |
| Prepares and lodges visa, nomination and sponsorship applications | Yes | Yes |
| Acts for you at the Administrative Review Tribunal | Yes | Yes |
| Acts for you in court | No. We refer you to a lawyer | Yes |
| Where to check them | OMARA register | The legal regulator in their state or territory |
Who can lawfully help with a visa application
In Australia, immigration assistance can lawfully be provided by a registered migration agent, an Australian legal practitioner or, in limited circumstances, an exempt person. Exempt persons cannot charge for that assistance (s.280, s.281). The Department sets out the same three categories on its page Who can help with your application.
An Australian legal practitioner does not have to register as a migration agent to give immigration assistance in connection with legal practice (s.280(3)).
What a registered migration agent does
- Advises which visa fits your circumstances and whether you meet its criteria.
- Prepares and lodges applications with the Department of Home Affairs: partner visas, employer sponsored visas (482, 186, 494), skilled and state nominated visas and visitor visas.
- Responds to requests for further information and invitations to comment under sections 56 and 57.
- Applies to the Administrative Review Tribunal after a refusal or cancellation, and acts for you in that review.
- Prepares requests for Ministerial intervention.
When you need a lawyer
When what you need is legal practice. The clearest case is court: if the Administrative Review Tribunal affirms a refusal and the only remaining option is an application to a court, we will tell you so and refer you to a lawyer. Court proceedings are legal practice, and a registered migration agent is not a lawyer.
What a registered migration agent must give you
- The consumer guide, before any immigration assistance is given (Code of Conduct s.38).
- A written service agreement, signed by you and the agent, before the work starts. An initial consultation is the one exception (Code of Conduct ss.42 and 43).
- Fees in writing, as an hourly rate with a reasonable estimate of the time, or as a fixed fee, including GST (Code of Conduct s.46).
- An itemised invoice before you are charged, and a receipt after you pay (Code of Conduct s.49).
- Written notice when your application is lodged, and a copy of what was lodged (Code of Conduct s.39).
Choosing a migration agent on the Gold Coast
- Search the agent’s name or MARN on the OMARA register.
- Ask who will work on your matter, and whether they have handled your visa type before.
- Ask for the fee and the likely Government charges in writing before you commit.
- Ask how you will hear about progress, and how quickly.
Is No Worries Migration a law firm?
No. No Worries Migration is an Australian migration practice in Southport. Our principal, Arash Barinder Singh, is a registered migration agent. He is not a lawyer, and we do not give legal advice or act for anyone in court.
Our office is at Suite 2, 19 Short Street, Southport, Queensland, open Monday to Friday, 9 am to 5 pm. We are currently not taking walk-ins, so please contact us first. Directions on Google Maps.
Tell us where you are up to.
Whether you are at the very start, waiting on a decision, or holding a refusal letter, start with a conversation about where things stand.
- Office
- Suite 2, 19 Short Street, Southport QLD 4215