Migration Agent vs Immigration Lawyer: Which One?

A registered migration agent (RMA) is a professional who has completed a Graduate Diploma in Australian Migration Law and Practice and is registered with the Office of the Migration Agents Registration Authority (OMARA).

Migration agents: - Specialise exclusively in immigration law - Are regulated by OMARA under the Department of Home Affairs - Must maintain professional indemnity insurance - Must complete annual Continuing Professional Development - Are bound by the OMARA Code of Conduct - Hold a unique MARN (Migration Agent Registration Number)

There are currently over 5,100 registered migration agents in Australia. You can verify any agent's registration through the OMARA register or our MARA check tool.

An immigration lawyer is a qualified solicitor or barrister who has been admitted to legal practice in an Australian state or territory and who specialises in immigration law.

Immigration lawyers: - Hold a law degree and have completed practical legal training - Are admitted to the Supreme Court of their state - Are regulated by their state's Legal Services Commissioner (not OMARA) - Can represent clients in courts (Federal Circuit Court, Federal Court, High Court) - May also practise other areas of law - Are exempt from MARA registration under the Migration Act

Their broader legal training means they can handle matters beyond visa applications, including judicial review, ministerial intervention requests, and court appeals.

Training: Migration agents complete a specialist graduate diploma focused entirely on migration law. Lawyers complete a broader law degree with immigration as a specialisation area.

Regulation: Agents are regulated by OMARA. Lawyers are regulated by their state Law Society and Legal Services Commissioner.

Court representation: Only lawyers can represent you in court proceedings. Migration agents cannot appear in the Federal Circuit Court or Federal Court.

Tribunal hearings: Both can represent you at the Administrative Appeals Tribunal (AAT) for visa refusal reviews.

Scope: Agents focus exclusively on immigration. Lawyers may handle immigration alongside other legal matters (family law, employment law, etc.).

Cost: Migration agents typically charge ,500-,000 for visa applications. Immigration lawyers typically charge ,000-,000+ for equivalent work, with hourly rates of -/hour.

A migration agent is usually the better choice for:

• - Standard visa applications — partner visas, skilled migration, student visas, employer sponsorship
• - Points test strategy — agents who handle skilled migration daily know how to maximise your points
• - Routine matters — visa renewals, bridging visas, straightforward applications
• - Cost-sensitive situations — agent fees are typically 30-50% lower than lawyer fees for the same work
• - Language-specific needs — many agents speak multiple languages and serve specific community groups

Migration agents process visa applications every day. Their focused expertise often means they are more efficient and cost-effective for standard visa work than a general practice lawyer who handles immigration part-time.

Find a specialist agent for your visa type in our migration agent directory.

An immigration lawyer is recommended when your case involves:

• - Visa cancellation on character grounds (section 501)
• - Federal Court or Federal Circuit Court proceedings — only lawyers can appear
• - Judicial review of Department decisions
• - Ministerial intervention requests (section 351 or 417)
• - Protection visa (refugee) claims — often involve complex legal arguments
• - Criminal law intersections — criminal charges affecting visa status
• - Complex corporate immigration — large-scale employer sponsorship programs
• - Detention and compliance matters

If your case has a realistic chance of ending up in court, starting with a lawyer avoids having to switch advisors midway through.

Yes, and this is more common than you might think. A typical scenario:

1. A migration agent handles your initial visa application (cost-effective, specialist knowledge)
2. If the visa is refused, the agent may refer you to an immigration lawyer for tribunal review or court appeal
3. Some firms employ both migration agents and lawyers, giving you access to both skill sets under one roof

This staged approach can save money while ensuring you have the right expertise at each step. Ask your agent upfront about their referral network for complex matters.

For migration agents: - Check the OMARA register or use our MARA check tool - Ask for their MARN number - Confirm their registration is current

For immigration lawyers: - Check their admission status through their state Law Society: - NSW: Law Society of New South Wales - VIC: Law Institute of Victoria - QLD: Queensland Law Society - WA: Law Society of Western Australia - SA: Law Society of South Australia - Ask for their practising certificate number - Confirm they hold a current practising certificate

Do not engage anyone who cannot provide verifiable credentials.

For most people applying for a standard Australian visa, a registered migration agent offers the best combination of specialist expertise and value for money. They handle visa applications as their core business and typically charge significantly less than lawyers.

Choose a lawyer if your case involves court proceedings, visa cancellation, or complex legal issues where broader legal training and court advocacy rights are essential.

Whichever you choose, always verify their credentials, get a written fee agreement, and ensure they have experience with your specific visa type.