Migration Lawyers vs Migration Agents: What's the difference?
Photo of the Sydney Harbour Bridge by Jamie Davies via Unsplash
What is the difference between an immigration lawyer and a registered migration agent?
This question can cause a bit of confusion, particularly as the laws have changed recently.
Pre March 2021
Prior to March 2021, anyone who gave professional migration advice and assistance had to be a Registered Migration Agent (RMA), registered with the Migration Agent Registration Authority (MARA). Each RMA was issued with a 6-digit Migration Agent Registration Number (MARN).
This meant that practicing lawyers could not provide migration advice on their legal qualifications alone, as they also had to be RMAs. The other avenue to becoming a RMA was to complete a Graduate Diploma/Certificate in Migration Law and Practice and pass a specified exam.
Post March 2021
In March 2021 this changed and now you can only be one or the other (unless special transitional provisions apply).
You might see some lawyers include details of their ‘former MARN’ on their website or their email signature - this will be why.
To become a lawyer in Australia, you must have completed a Bachelor of Law (generally 4-5 years of non-combined fulltime study). You must then complete a Graduate Diploma of Legal Practice including some practical experience. Following that you must apply to become ‘admitted’ into the legal profession, and once admitted you can apply for a legal practicing certificate. (Side note: If you are thinking that sounds like a lot of $$$ you would be correct!)
They are then subject to a minimum of two years of supervised legal practice before they can work unsupervised and if they would like to work for themselves or start their own legal practice there are many, many, many more hoops to jump.
While practicing, lawyers must maintain their practicing certificate, renewing it each year, complete specified Continuing Professional Development, maintain professional indemnity insurance and abide by strict legal, ethical and professional obligations. The Australian legal profession is one of the most heavily regulated professions in the country, and the most heavily regulated legal professions in the world. The bonus of this, is that it provides a bit more reassurance for the consumer as they have had to jump through a lot of hoops to get where they are and stay there and it is unlikely they would risk such a significant life investment on carelessness or anything dodgy.
To become a Registered Migration Agent, you must complete a Graduate Diploma in Australian Migration Law and Practice (generally 1 year fulltime study) and pass a Capstone exam. There is currently no requirement to work in a multi-person practice or work under supervision and to work for themselves or start their own agency they can simply obtain an ABN.
While practicing as a migration agent, RMAs must maintain their registration, maintain Public Indemnity Insurance (at about 10% the cost of that for lawyers), renewing it annually, complete specified Continuing Professional Development and abide by the MARA Code of Conduct.
Now this is not to say Migration Lawyers will definitely be better than Migration Agents, as sometimes it may be the opposite but there is generally a lot more that goes into being an Immigration Lawyer as well as a lot more on the line for Immigration Lawyers.
You can search the MARA register for currently registered RMAs here.
Lawyers are registered with their local state’s legal practice authority. You can search for practicing lawyers on their websites too:
- Australian Capital Territory
- Tasmania
- Victoria
If you love a bit of juicy goss, or some extra reading, you can also search for any disciplinary records by searching the relevant bodies online.
Whether you chose to engage a migration agent or a migration lawyer, be vigilant and thorough in your search for one. Certain individuals act as ‘migration agents’ or lawyers from outside of Australia, and sadly the law doesn’t really extend to be able to sanction those that do. There have also been cases where individuals have fraudulently used registration details, like MARN, to present themselves as a migration agent or migration lawyer. If something doesn’t feel right, it probably isn’t so be super cautious and check the details against the relevant body above. Stay tuned for the next blog which will explore the best ways to choose the right migration lawyer or agent for you and ways to avoid the sneaky buggers.
Disclaimer: The above information does NOT constitute legal advice and DOES NOT create a lawyer-client relationship between you and Visa Sidekick. It does not take into account individual circumstances and is intended to be informational only. If you need legal advice please contact an Australian Immigration Lawyer.