When navigating the complex world of immigration and visa applications, many people seek professional help to improve their chances of success. Two of the most common professionals in this space are migration agents and immigration lawyers. While these two roles often appear similar on the surface—and both can assist with immigration matters—they are not the same. They differ in terms of qualifications, legal standing, the scope of services they offer, and how they handle legal complexities.

Who Is a Migration Agent?

A migration agent, often referred to as a Registered Migration Agent (RMA) in Australia, is a professional trained and registered to provide advice and assistance on immigration matters. To become a registered migration agent in Australia, an individual must:

• Complete a Graduate Diploma in Australian Migration Law and Practice
• Be of good character
• Register with the Office of the Migration Agents Registration Authority (OMARA)

Migration agents are legally authorised to:

• Provide advice on visa options and requirements
• Prepare and lodge visa applications
• Communicate with the Department of Home Affairs on your behalf
• Assist with visa refusals and appeals (to a limited extent)

They must also comply with a Code of Conduct set out by OMARA.

Who Is an Immigration Lawyer?

An immigration lawyer is a fully qualified legal practitioner who has studied law, obtained a law degree (e.g., Bachelor of Laws or Juris Doctor), and been admitted to practice by the Supreme Court of their state or territory. Immigration lawyers may also register with OMARA, allowing them to operate as migration agents, but this is not always required for them to provide immigration law advice.

Immigration lawyers are authorised to:

• Provide immigration advice and legal representation
• Handle complex visa refusals and appeals before higher courts, such as the Federal Circuit and Family Court or the High Court
• Represent clients in legal matters beyond immigration, including criminal, civil, and family law, where relevant
• Provide legal opinions, review legal documents, and challenge legislative decisions

Is a Migration Agent the Same as an Immigration Lawyer?

Let’s explore in detail how a migration agent differs from an immigration lawyer in terms of qualifications, responsibilities, and legal authority.

Key Differences Between Migration Agents and Immigration Lawyers

Aspect	Migration Agent	Immigration Lawyer
Education	Graduate Diploma in Australian Migration Law	Law degree + legal practice admission
Registration Body	OMARA	Legal Admissions Board + may also register with OMARA
Legal Representation	Limited to tribunal level (e.g. AAT)	Can represent in all courts, including the Federal Court
Scope of Services	Visa applications, appeals to the AAT	Full legal advice, court representation, and complex appeals
Code of Conduct	OMARA’s Code	Legal professional standards + ethics
Cost	Generally more affordable	It can be more expensive due to legal qualifications

When Should You Choose a Migration Agent?

A migration agent may be the right choice for you if:

• You have a straightforward visa application
• You need help understanding visa options
• Your case does not involve legal disputes or complications
• You are working within a limited budget

Registered migration agents often have extensive experience with the administrative process of lodging visa applications and dealing with the Department of Home Affairs.

Also, read >> How a Migration Agent Bankstown Can Simplify Your Visa Process

When Should You Choose an Immigration Lawyer?

You should consider working with an immigration lawyer if:

• Your case is complex or involves legal issues, such as prior visa cancellations or criminal records
• You need to challenge a decision in the courts
• You’ve received a visa refusal and want to escalate the matter
• You require advice that might overlap with other legal areas, such as employment, family, or criminal law

Immigration lawyers bring a broader understanding of the law and are better suited for litigation and legal strategy in higher courts.

Can They Work Together?

Yes, in some cases, migration agents and immigration lawyers collaborate. A migration agent might manage the visa process while consulting a lawyer on complex legal issues. Some immigration lawyers also employ migration agents to streamline visa application services.

Legal Oversight and Consumer Protection

Both migration agents and immigration lawyers are subject to regulatory oversight, but through different bodies.

• OMARA monitors migration agents, ensuring they meet registration requirements and follow the Code of Conduct. Clients can lodge complaints directly with OMARA.
• Immigration lawyers are regulated by their respective state or territory legal authorities (e.g., the Law Society or Legal Services Commission), offering an additional layer of professional accountability.

Final Thoughts 

Choosing between a migration agent and an immigration lawyer comes down to the complexity of your situation, your budget, and the level of legal support you require.

• For simple visa applications, a registered migration agent may be all you need.
• For complicated matters, legal disputes, or court appeals, an immigration lawyer is the better choice.

Either way, it’s essential to ensure the person you are working with is qualified, registered, and has a good track record. You can verify a migration agent’s registration on the OMARA website or check a lawyer’s status through your state’s legal admissions board.

Making the right choice can be the difference between a successful application and unnecessary delays or rejections.