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Lawyers vs Migration Agents

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Why a Migration Lawyer rather than a Migration Agent (without a law degree)?

There are many reasons why you should seek experienced and skilled lawyers to assist you in your immigration application:

Lawyers Migration Agents
Lawyers have undergone formal legal education and training, and have spent many years specialising in the practice area of immigration law. Most agents do not have formal legal education and legal training.
Client’s private information is ‘privileged’, ie. all personal information are protected by the common law doctrine of legal professional privilege. This ensures that your private information remains confidential. Agents do not have to adhere to the same legal client privilege requirement.
It is a requirement by the DIMIA that all visa documentations be certified copy of the originals. Lawyers are authorised by the Australian law to certify documents to be the true copies of the originals. Thus, this saves time and costs for the applicants. Agents generally do not have the legal authority to certify documentation for their clients. Engaging a third party to certify documents may incur extra costs for you.
Lawyers are competent in the area of immigration laws and proficient in all types of legal requirements for different visa classes. After gaining a better understanding of your individual circumstance, lawyers are able to design a range of immigration options that are legally feasible, and advise you as to the best solution to maximise the chance of success even though prima facie, it is not a favourable case. During the process of your visa application, migration lawyers are generally also able to assist the client’s case by making legal arguments on the basis of case law and immigration regulations. Without a formal legal background and training and a good grasp of immigration laws, the solutions that agents offer may be limited, therefore lack the capacity to assist you to maximise your chances of successfully obtaining an Australian visa.
Lawyers can continue to represent you in appealing your case in the Migration Review Tribunal and at the Federal Court. Agents do not have the legal authority to represent you at the Federal Court.
During and after the process of your migration application, you may also need our legal assistance in other legal matters such as purchasing a property and/or business. For example, most business visa applicants have the desire to invest in business in Australia or have joint ventures with Australian companies, you would then need a lawyer who is able to handle your business legal affairs which is related to your migration purpose. Therefore, our expertise in commercial law is very vital in providing you a professional advice. A lawyer, having prior knowledge in your individual circumstance, would thus be able to provide quick and professional advice. Agents do not have the legal qualification and expertise to deal with other areas of law such as company law and taxation law. Therefore, when some migration-related issues that have implications for other areas of law, you would have to spend more money to engage a lawyer to handle your business legal affairs.


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Information at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.