If you’re comparing a migration agent and an immigration lawyer for an Australian visa application, the good news is that both can usually help you with your visa applications. When weighing up between a migration agent vs immigration lawyer, the right choice generally depends on:
- Your budget
- How complex your circumstances are
- Whether legal risks are involved
- What support you may need if something goes wrong
Migration Agent vs Immigration Lawyer: The Key Differences
Both professionals can provide immigration assistance, but there are important differences in training, regulation and the types of matters they handle.
| Migration Agent | Immigration Lawyer |
| Registered with OMARA and issued a MARN (Migration Agent Registration Number) | Admitted legal practitioner holding a current practising certificate |
| Specialises in Australian migration law and visa applications | Can provide immigration advice alongside other areas of law |
| Can prepare, lodge and manage visa applications | Can prepare, lodge and manage visa applications |
| Can represent clients at Administrative Review Tribunal (ART), cannot represent clients in court | Can represent clients in court for judicial review and related proceedings |
| Communications are not protected by legal professional privilege | Communications are generally protected by legal professional privilege |
| Usually lower cost | Often higher cost |
| Suits most visa applicants and migration matters | Suits court matters, legally sensitive situations and complex legal disputes |
It is also worth noting that the distinction between immigration attorney vs immigration lawyer is largely a regional one, with ‘attorney’ commonly used in the United States and ‘lawyer’ being the Australian equivalent.
Since 22 March 2021, lawyers holding an unrestricted practising certificate have been permitted to provide immigration assistance without being separately registered with OMARA.
The Pros and Cons of Each Migration Agent
Pros:
- Focuses exclusively on migration law and visa applications
- Typically more affordable than an Australian migration lawyer
- Well-suited to most partner, skilled, employer-sponsored and family visas
Cons:
- Training requirements are usually lower than those of lawyers
- Quality and experience can vary significantly between agents
- Cannot represent clients in court proceedings
Immigration Lawyer
Pros:
- Protected by legal professional privilege
- Can represent clients in court
- May identify legal issues extending beyond migration law
Cons:
- Often higher immigration lawyer fees in Australia applicants need to budget for
- Many lawyers offering migration services are generalists rather than specialists
- Experienced migration law specialists often charge premium rates
Which Is Right for Your Situation?
The best choice comes down to the challenges that you expect your application to face. For the vast majority of straightforward visa applications, a registered migration agent is all that’s required.
A lawyer becomes particularly valuable when:
- You are heading to court for a judicial review or appeal, where legal representation is required.
- Your situation is legally sensitive and legal professional privilege matters. Information shared with a lawyer is generally protected in ways that information shared with a migration agent is not.
For many complex migration matters, the answer is not necessarily choosing one or the other. A skilled agent may manage your application while working alongside a migration lawyer on specific legal arguments or submissions. You may receive specialist legal support without paying full lawyer rates throughout the entire process.
Before engaging anyone, it’s important to do your due diligence. Check a migration agent’s MARN through the OMARA public register, or confirm that a lawyer holds a current practising certificate and meets applicable immigration lawyer requirements.
Regardless of whether you’re researching a lawyer migration service or comparing agent options, choosing an experienced specialist is often more important than the title itself. Our Skylark Migration team is here to walk you through everything and help you achieve your Australian migration dreams. We know your budget is important and we’re ready to offer advice about migration agent fees.
Talk to a Migration Expert
Not sure whether your case needs a migration lawyer or an immigration lawyer? Book a free consultation with Skylark Migration and get honest advice about the level of support your application requires. Whether you’re needing a partner visa, an employer sponsored visa, a skills assessment or a skilled visa, we are ready to help you start the application process.