Every citizen or permanent resident of Australia has the right to request that their spouse or de facto be granted permanent residence status in Australia. That right to construct a path to permanent resident status is put into action via a Partner Visa (and ultimately citizenship). Couples with non-Australian partners can apply for the permanent partner visa program as long as one of them is an Australian citizen, Australian legal resident or qualified New Zealand citizen for the other to be eligible for migration.
Migration is undeniably a life-altering experience. It is impossible to keep up with the rapid changes that occur in the field of migration law in Australia. Numerous reasons are cited for the denial of immigration petitions. The requirements for obtaining a visa are growing more stringent every year. Discrepancies can lead to severe delays, fees, and possibly the loss of your ability to stay and live in Australia. This necessitates the use of a highly skilled and authorised professional.
The following article outlines the primary characteristics of a migration agent and an immigration lawyer and the benefits of their services and support.
What’s The Difference?
Migration agents are licensed by the Office of the Migration Agents Registration Authority (OMARA) and are authorised to perform the following functions:
- give information on the criteria for a visa
- facilitate the process of submitting visa applications
- assist you in contacting the Department of Homeland Security
- appeal visa denials and cancellations to the AAT
As a result, migration brokers often finish a diploma qualification in Australian regulations from a postsecondary school. As the last step, they’ll have to take the Capstone Assessment. After completing the Capstone Exam, they will be able to register with OMARA and get a Migration Agents Registration Number (MARN), allowing them to begin working as a licensed migration agent.
An immigration law firm, as opposed to migration brokers who lack legal credentials, can appeal matters in institutions such as the Federal Court or the High Court of Australia.
There are a number of factors to keep in mind while hiring a migration agency or partner visa lawyer. A comparison between migration agencies and immigration law firms reveals the following important parallels as well as variances.
| Migration Agents | Immigration Lawyer | |
| Credentials | Passed the Final Exam after completing a 12- to 24-month recognised qualification in Australian migration law. | Obtained a Juris Doctor and a Certificate of Practical Legal Specialisation. |
| Registration | OMARA | Legal Admissions Board and the Law Society |
| Experience | Proficient only in Migration laws and applications | Lawyers are educated to cope with the complexities of legislation and tailor it to specific situations to best serve their clients. |
| Legal Privilege | Migration agents are not entitled to legal professional privileges in their relationship with clients. As a result, if required by law, the company must provide any and all customer information and documentation. | Client-attorney communications are shielded from prying eyes. As a result, authorities will not have any private information about clients. |
| Court of Appeal | Can help with immigration applications and AAT merits reviews | Can help with immigration applications and AAT merits reviews |
| Other tribunes | No help with Australian court appeals | migration lawyer can help with prospective marriage visa and support for referrals to the Federal Circuit Family Court of Australia, the Federal Court of Australia, or the High Court of Australia |
Why Hire An Immigration Lawyer Or Agent?
Efficacious & Reasonable
Many visa subclasses are available in Australia and deciding which one is best for you might be a challenge. Filling out the application yourself may make it appear as though you’re saving cash. Application errors and incompleteness may result in your visa being denied. These issues can have a significant influence and can be expensive and time-consuming. Therefore, you must have a professional to assist you in creating an application that is error-free from the beginning.
You must additionally submit the SAF Levy as an employer or enterprise. The SAF Levy supports the Skilling Australians Fund. If the Ministry of Home Affairs rejects your application, you may be eligible for reimbursement. Furthermore, appealing to the Administrative Law Tribunal may raise your expenditures.
Speed Things Up
The second reason is that a professional migration lawyer or agent can format your application so that it is “decision-ready” for the immigration in charge. If you omit any critical documentary evidence from your application, the procedure may be slowed down significantly. For instance, you may get the:
- request for information (RFI);
- invitation to respond to the PIC 4020;
- appeal in favour of fairness in the legal system
You may feel overwhelmed and stressed if you don’t know how or what to say in response to these communications. Therefore, a well-prepared application by a specialist is more effective and successful.
Expert Knowledge
The third reason is that the Department of State frequently denies visas because the applicants or sponsors do not match the required qualifications. Engaging in an initial appointment with a migration consultant or lawyer to determine your candidacy and visa choices will confirm:
- how well you fit in
- how probable it is that you will succeed
- the associated expenses
- length of the procedure
Every case is unique and has its own set of problems and barriers to overcome. Migration agents and immigration lawyers can help you discover the legal concerns in your situation and provide you with practical advice.
Take A Breather And Relax!
Ultimately, migrating is a difficult and stressful undertaking. Having an expert migration consultant assist you with your spouse visa may save you not just a great deal of worry and time, but also a considerable amount of money. Many of the papers needed to apply for a spouse visa have an expiration date that candidates may not be aware of, therefore it is advisable to contact a migration expert or immigration law firm to help you plan your schedule to avoid any additional charges. They will also ensure that you are guided through the procedure at every stage.
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