What is an Australian Immigration Lawyer?

An Australian immigration lawyer is a legal professional who specialises in immigration law. To become an immigration lawyer, one must complete a law degree, undertake practical legal training, and be admitted to practice law in an Australian jurisdiction. This process involves at least five years of legal training, followed by two years of supervised practice under senior lawyers.

Roles and Responsibilities for Lawyers

Immigration lawyers provide comprehensive legal advice and representation in all matters related to migration.

This includes:

• Offering strategic legal advice on visa options and eligibility.

• Assisting with visa applications, ensuring all legal requirements are met.

• Representing clients in legal proceedings, such as appeals and reviews before tribunals and courts.

• Advising on complex legal issues, such as compliance with visa conditions and responding to visa cancellations.

Examples of when to seek an immigration lawyer:

• If your visa application has been refused and you need to appeal the decision.

• If you have a complex case involving medical issues or character concerns.

• If you need legal representation in court or before a tribunal.

How to Verify A Lawyers Credentials

To verify an immigration lawyer's credentials, you can:

• Check if they are listed on the roll of practitioners in their respective state or territory's legal practice board.

• Verify their practising certificate issued by their local law society.

• Look for their membership in professional bodies such as the Law Council of Australia.

What is a Registered Migration Agent (RMA)?

A registered migration agent is a professional who is registered with the Office of the Migration Agents Registration Authority (OMARA) to provide migration advice and assistance. To become an RMA, one must complete a Graduate Diploma in Australian Migration Law and Practice, which takes about 1 to 1.5 years, and pass the OMARA registration process, which includes a character assessment and meeting English language proficiency requirements.

Roles and Responsibilities for RMAs

RMAs assist clients with the visa application process and provide migration advice. Their responsibilities include:

• Advising on visa options and eligibility based on the client’s circumstances.

• Preparing and lodging visa applications on behalf of clients.

• Communicating with the Department of Home Affairs on behalf of clients.

• Providing advice on visa conditions and compliance.

Scope of Practice

While RMAs are well-equipped to handle most migration-related matters, they do not have the same legal training as immigration lawyers and cannot represent clients in court. However, they play a crucial role in guiding clients through the visa application process and ensuring all requirements are met.

Benefits of Using an RMA

• Expertise in preparing and lodging visa applications efficiently.

• In-depth knowledge of migration regulations and processes.

How to Verify Their Credentials:

To verify an RMA's credentials, you can:

• Check the OMARA website to confirm their registration status.

• Ensure they have a current registration certificate issued by OMARA.

• Review their professional history and any disciplinary actions listed on the OMARA website.

Key Differences Between an Immigration Lawyer and an RMA

Legal Qualifications and Regulatory Oversight

• Immigration lawyers hold law degrees and are admitted to practice law after extensive training and supervision, while RMAs hold a Graduate Diploma in Migration Law and are registered with OMARA.

• Lawyers are regulated by legal professional bodies and must adhere to strict ethical standards, while RMAs are regulated by OMARA.

Types of Services Provided

• Immigration lawyers can provide legal representation in court and handle complex legal matters.

• RMAs focus on visa application preparation and migration advice but cannot represent clients in court.

Professional Indemnity Insurance and Client Protection

Both immigration lawyers and RMAs are required to hold professional indemnity insurance, which provides clients with protection in case of professional negligence. This ensures that clients have recourse if they receive poor advice or services.

Why Verify Credentials?

Comparison with Advice from Friends, Family, and Non-Qualified Advisors:

While friends, family, and even recruitment agents may offer well-intentioned advice, they lack the qualifications and legal authority to provide migration advice. Relying on unqualified advice can lead to misinformation, incomplete applications, and potential visa refusals.

Risks of Receiving Improper Advice

Improper advice can result in significant delays, additional costs, and even visa rejections. Professional advisors, such as immigration lawyers and RMAs, have the expertise to navigate the complexities of migration law and ensure all requirements are met.

Case Studies:

Consider the story of Jane, a nurse from the UK who initially sought advice from a recruitment agent. Misguided by incomplete information, her visa application was refused. Jane then consulted an immigration lawyer, who identified the errors, prepared a new application, and successfully secured her visa.

Another example is Mohammed, who sought advice from an RMA. The RMA guided him through the process, ensuring all documentation was in order, leading to a smooth and successful visa application.

Conclusion

Understanding the differences in qualifications and roles between Australian immigration lawyers and RMAs is essential for making informed decisions about your migration process. By verifying the credentials of these professionals, you can ensure that you receive accurate, comprehensive advice and support throughout your migration journey.

Ready to start your migration journey? Book a consultation with SOLVi Migration for expert migration advice and assistance.

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About Rhea Fawole

Rhea's passion to establish SOLVi Migration cane from 12 years of working in senior roles at the Australian Immigration Department, including in the Immigration Minister's office. She also gained an abundance of government liaison and Australian government policy experience in other agencies.

SOLVi Migration has been founded with a vision to collaborate with Australian businesses and skilled workers who want to migrate to Australia.