Migration Agent vs Immigration Lawyer: What's the Difference?
Published 2026-02-13
What's the Difference?
Both migration agents and immigration lawyers can legally provide immigration assistance in Australia, but they are regulated differently. Migration agents are registered with the Office of the MARA and must hold a Graduate Diploma in Australian Migration Law. Immigration lawyers are admitted solicitors regulated by their state's Legal Services Commissioner. The key difference is in their broader legal training and ability to represent you in court.
When to Use a Migration Agent
Migration agents are typically the better choice for standard visa applications: partner visas, skilled migration, student visas, employer sponsorship, and most family visa applications. They specialise exclusively in immigration law and often have deeper knowledge of specific visa types than general practice lawyers. Migration agent fees are typically lower than lawyer fees for standard applications.
When to Use an Immigration Lawyer
Consider an immigration lawyer when your case involves: visa cancellation or refusal appeals, Administrative Appeals Tribunal (AAT) hearings, Federal Circuit Court or Federal Court proceedings, complex legal issues (character concerns, health waivers, ministerial intervention), protection visa claims, or cases involving criminal history. Lawyers can represent you in court; migration agents cannot.
Cost Comparison
Migration agents typically charge ,500-,000 depending on visa type. Immigration lawyers typically charge ,000-,000+ for similar work, with hourly rates of -. For standard visa applications, a migration agent is usually more cost-effective. For complex legal matters, a lawyer's higher fees are justified by their ability to handle appeals and court proceedings.
Regulation and Accountability
Migration agents are regulated by MARA and must comply with the Code of Conduct, maintain professional indemnity insurance, and complete annual CPD. Complaints go to the Office of the MARA. Immigration lawyers are regulated by their state Law Society and Legal Services Commissioner. Both regulatory systems provide consumer protection, but through different channels.
Can They Work Together?
Yes, and this is common for complex cases. A migration agent might handle the initial visa application, then refer to an immigration lawyer if the visa is refused and needs to be appealed. Some firms have both migration agents and lawyers on staff, giving you access to both skill sets. Ask about this when choosing your advisor.
How to Verify Their Credentials
For migration agents: check the MARA register at portal.mara.gov.au and ask for their MARN number. For immigration lawyers: check their admission status through your state's Law Society (e.g., Law Society of NSW, Law Institute of Victoria). Our directory covers MARA-registered agents — use our search to find one near you.
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