Migration Agent vs Immigration Lawyer: What's the Difference?

A Registered Migration Agent (RMA) is a professional authorised by the Office of the Migration Agents Registration Authority (OMARA) to provide immigration assistance in Australia.

### Qualifications - Must complete a Graduate Diploma in Australian Migration Law and Practice (or equivalent) - Must pass the registration requirements set by OMARA - Must complete Continuing Professional Development (CPD) annually - Must renew registration every 12 months - Must hold professional indemnity insurance

### What They Can Do - Advise on visa options and eligibility - Prepare and lodge visa applications - Communicate with the Department of Home Affairs on your behalf - Represent you at AAT/ART hearings - Assist with skills assessments, sponsorship applications, and nomination processes

### What They Cannot Do - Represent you in court (Federal Circuit Court, Federal Court) - Provide legal advice on non-immigration matters - Act as your lawyer in litigation

An immigration lawyer is a solicitor or barrister admitted to practice law who specialises in immigration and visa matters.

### Qualifications - Must hold a law degree and be admitted to practice in an Australian state or territory - Must hold a current practising certificate from their state law society - Immigration lawyers who provide immigration assistance must also be registered as migration agents with OMARA (since 2021 reforms) - Subject to regulation by both their state legal profession body and OMARA

### What They Can Do - Everything a migration agent can do, PLUS: - Represent you in court proceedings (judicial review in Federal Circuit Court or Federal Court) - Handle complex legal arguments involving constitutional or administrative law - Advise on criminal law intersections (character cancellations, deportation) - Manage cases involving ministerial intervention or injunctions - Handle matters where litigation is likely or already underway

Regulation - Migration agents: Regulated by OMARA - Immigration lawyers: Regulated by OMARA + their state law society/bar association

Court Representation - Migration agents: Cannot represent you in court - Immigration lawyers: Can represent you in all courts and tribunals

Cost - Migration agents: Generally $2,000–$8,000 for standard applications - Immigration lawyers: Generally $3,000–$15,000+ — higher hourly rates due to legal qualifications

When to Choose a Migration Agent - Standard visa applications (skilled, partner, employer sponsored) - Skills assessments and points calculations - AAT/ART appeals - Straightforward cases without legal complications

When to Choose an Immigration Lawyer - Visa cancellation under section 501 (character grounds) - Judicial review in Federal Court - Complex cases involving fraud allegations - Ministerial intervention requests - Cases with potential criminal law implications - Detention and deportation matters

Regardless of whether you choose a migration agent or immigration lawyer, always verify their credentials:

For Migration Agents: - Search the OMARA register at the Office of the MARA website - Check their MARN (Migration Agent Registration Number) - Use our MARA Check Tool for instant verification

For Immigration Lawyers: - Verify OMARA registration (same as agents) - Check their practising certificate with the relevant state law society - Ask for their Australian Legal Practitioner Number

Red Flags: - Anyone providing immigration advice without MARA registration is committing a criminal offence - Unregistered "consultants" or "advisors" who claim they don't need registration - Practitioners who refuse to show their MARN or practising certificate

Yes, and in some cases it's the best approach. A common scenario:

1. Migration agent handles your initial visa application (cost-effective)
2. If the visa is refused and you appeal to the AAT — the migration agent can still represent you
3. If the AAT appeal fails and you want judicial review — you need an immigration lawyer for court

Some firms have both migration agents and immigration lawyers on staff, providing seamless service from application through to court if needed. When choosing a practitioner, ask about their referral relationships — a good migration agent will have immigration lawyers they can refer you to if your case escalates.