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MAKING AUSTRALIAN MIGRATION EASY

Lawyers vs Migration Agents: Why Choosing the Right Expert Matters for Your Australian Migration

Career| Visa Options| Podcast

May 08, 2025•4 min read

Thinking about migrating to Australia as a nurse or skilled professional?

There’s one crucial thing you need to know before you start: not all advice is created equal.

Many people assume that lawyers and registered migration agents are the same. But in reality, their qualifications, legal authority, and the protections they offer you are vastly different—and making the wrong choice could cost you time, money, and even your dream of migrating to Australia.

Here’s what you must understand before you entrust your future to anyone.

1. Lawyers and Migration Agents: The Qualifications Matter

First, let’s clear up the confusion.

Migration agents must complete a Graduate Diploma in Migration Law and Practice, pass a capstone exam, and register with the Migration Agents Registration Authority (MARA). Once registered, they can provide advice on migration law only—specifically, visa applications and migration processes. Their role is important, but their legal scope is limited.

Lawyers are very different. We have confused clients asking us for MARN regularly - this is a big misunderstanding we hope to clear up for you 🤓

Lawyers complete a Bachelor of Laws (LLB) or Juris Doctor (JD) (a minimum of 4 years of university education), followed by a Graduate Diploma of Legal Practice, and must undergo at least two years of supervised practice before they can hold an Unrestricted Practising Certificate. Even then, they must still work under a law firm or a principal lawyer until they complete an additional Principal Practising Certificate Course and are granted a Principal Practising Certificate—only then can they operate fully independently.

They are enrolled with the Supreme Court and regulated by their state’s Law Society—not the MARA.

This level of training means immigration lawyers can advise not just on migration law, but also on areas like:

Employment law
Healthcare law
Family law
Contract law
Criminal law
Social security law
International law

Migration agents cannot do this.

This matters because migration processes often overlap with other legal issues, especially for nurses and skilled migrants starting new lives in Australia.

2. Attorney-Client Privilege: Your Legal Safety Net

One of the other key differences is attorney-client privilege.

When you work with an immigration lawyer, everything you share is legally protected. Lawyers cannot be forced to reveal your private communications—even to government agencies—without your consent.

Migration agents do not have attorney-client privilege.

While they are expected to maintain client confidentiality, if documents or information are subpoenaed or requested by authorities, they must hand them over.

When your future is at stake, full legal confidentiality matters.

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3. Why Proper Legal Strategy Is Critical for Your Migration Success

Navigating Australia’s migration system isn’t just about filling out forms.

You must understand:

Registration processes (such as AHPRA for nurses)
Skills assessments (such as ANMAC)
Visa eligibility points
Partner and dependent rules
Legal risks with employment contracts

For example, in Australia, employers cannot guarantee permanent residency, even if they promise it in an employment contract. Migration law and employment law are separate—and only a qualified lawyer can advise across both areas.

At SOLVi Migration, we don’t just file forms—we build your entire legal migration strategy from registration, skills assessment, visa nomination, to successful visa grant.

4. Verifying Credentials: Who Can You Trust?
Before you engage anyone to help with your migration, always check their credentials.

Migration agents can be verified through the MARA register.
Lawyers can be verified through their state’s Law Society or Legal Practice Board.

🔍 Remember: Lawyers do not have MARN numbers (Migration Agent Registration Numbers). Instead, they hold Legal Practising Certificates, issued by their Law Society.

If someone says they’re both a migration agent and a lawyer, check carefully. Once a lawyer holds an Unrestricted Practising Certificate, they cannot also remain registered as a migration agent. The two systems are separate - if they still hold a MARN, then they must still be under the supervision of a senior lawyer.

5. Real Protection, Real Strategy, Real Expertise

At SOLVi Migration, our entire team is built differently.

We are a law firm specialising in healthcare migration.

We guide you through every step:

✅ Gaining your AHPRA registration

✅ Passing your skills assessment with ANMAC

✅ Preparing Expressions of Interest and securing nomination

✅ Managing your visa application

✅ Advising on your family’s inclusion and future planning

And because we are lawyers, we can advise on much more—including protecting your rights under employment law, healthcare regulations, and family law if you need it.

We don’t cut corners. We don’t give you false hope.

We give you real, expert guidance to secure your future.

Ready to Get the Right Help?

🌟 If you want trusted legal advice to migrate successfully to Australia, including your registration and other legal questions, book a paid legal consultation with SOLVi Migration today:

👉 www.solvi.com.au

🌟 If you’re just starting out and need guidance to secure your AHPRA registration, join our Nurse Registration Course for clear, affordable support and a thriving online community:

👉 www.nurseregistration.com

DISCLAIMER: This content is for educational purposes only and nothing in this content or its description constitutes legal advice. For advice on your personal circumstances, please make an appointment at SOLVi Migration www.solvi.com.au Copyright SOLVI PTY LTD 2025.

Connect with SOLVi Migration

📅 Book a consultation: https://cutt.ly/9wkFT9xf

🔹 Website: www.solvi.com.au

Rhea Fawole

Rhea's passion to establish SOLVi Migration came from 20 years of working in the Australian Government, including senior roles at the Australian Immigration Department, the Immigration Minister's office and as a Director in the Department of Health. 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 healthcare businesses and skilled workers who want to migrate to Australia.

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FAQS

What qualifications do I need as a nurse to migrate to Australia?

Generally, you will need a nursing qualification that is recognised in Australia, such as a bachelor’s degree in nursing or an equivalent qualification. You will also need to meet registration requirements with the Australian Health Practitioner Regulation Agency (AHPRA).

What is the process for registering as a nurse in Australia?

To practice as a nurse in Australia, you must be registered with AHPRA. The process involves submitting an application, providing proof of your qualifications and professional experience, and meeting English language requirements. Our team can assist you with this process - Read More.

Will I need a skills assessment?

Yes, most visa applications for nurses require a skills assessment conducted by the Australian Nursing and Midwifery Accreditation Council (ANMAC). This assessment ensures your qualifications and experience meet Australian standards. We can assist you with preparing and submitting your skills assessment application. Read more ...

What are the English requirements?

Depending on the pathway you gain registration and what visa pathway you take, the English requirements can vary from Competent to Proficient levels of English. Read More ...

What if me or my family has a health condition?

If you or a family member has a health condition, it is important to have the possible impact on your migration assessed by a professional before you submit any visa application. The Department of Home Affairs will require health assessments to ensure the condition does not pose a significant cost or burden to the Australian healthcare system. We can help you understand the implications and prepare the necessary documentation. Read more ...

What if me or my family have a character issue?

Character issues, such as past criminal records, must be disclosed in your visa application. The Department of Home Affairs assesses character issues on a case-by-case basis. We can provide advice on how to address these issues and the potential impact on your application.

Are visa fees refundable?

Visa fees are generally non-refundable, even if your application is refused or withdrawn. It is crucial to ensure your application is complete and meets all requirements to avoid losing your fee. Our team can help you prepare a strong application to minimise the risk of refusal.

What if I've been refused a visa in the past?

If you have been refused a visa in the past, it is essential to understand the reasons for the refusal and address them in any new application. We can review your previous refusal and advise on the best course of action to improve your chances of success.

Can I bring my family with me?

Yes, many visa types allow you to include eligible family members, such as your spouse or partner and dependent children, in your application. We can advise on the requirements and process for including your family in your migration plans.

Can't you find my a sponsor to pay for everything?

While some employers may offer sponsorship, which can cover visa and relocation costs, it is important to understand the conditions tied to employer-sponsored visas. Also worth noting, a sponsor is not legally required to pay your application fees. These conditions can include staying with the employer for a certain period. We can help you explore your options and find the best pathway for your situation. Read more ...

How long will the process take?

The processing time for visa applications can vary depending on the type of visa and individual circumstances. Generally, it can take from a few months to over a year. Our team will provide an estimated timeline based on your specific situation and keep you updated throughout the process.

What are the costs of migrating?

Costs can include visa application fees, skills assessment fees, and potentially relocation expenses. The exact costs will depend on the visa pathway you choose and any additional services you require. We will provide you with a transparent breakdown of costs during your consultation. Read more...