Hiring an Immigration Consultant

May 1, 2002

Prospective immigrants often need help to navigate Australia’s complicated immigration system. But finding the right person to help can itself be a tricky process. Because the decision to migrate is both costly and life changing, it’s an important decision to pick the right consultant. Getting it wrong could result in greater costs and delays or even land a prospective immigrant on the wrong side of the border. Anyone providing advice or assistance on migration procedures to a person wishing to obtain a visa or remain in Australia must register as an agent with Migration Agents Registration Authority (MARA). This includes lawyers and volunteers at organizations providing advice free of charge. To register, prospective agents must be citizens or permanent residents over 18 years of age, and demonstrate sound character. They must either hold an Australian degree in law, be admitted as a barrister, or pass an exam conducted by the Migration Institute of Australia. In order to re-register, agents must successfully complete continuing professional development activities, including activities relating specifically to the Migration Act and Migration Regulations, as well as topics of a legal or business nature relating to practicing as a migration agent. Lawyers with at least five years full time practice and at least three years specializing in their field may also gain specialist accreditation from their State Law Society. To do this, they must pass rigorous exams in communication, problem solving, client service and the law to gain this accreditation. If in any doubt about the qualifications of a consultant, a client can check with appropriate registers of migration agents and lawyers (see below). But registration alone isn’t enough; clients should carefully research their consultants rather than simply picking a name out of a phone book. Because consultants may specialize in various areas of immigration law, clients should look for consultants who have previously handled cases similar to their own; a student, for example, should make sure he/she is not getting a specialist in business immigration. Competent professionals should have a website listing representative cases. Moreover, it is important that a client scrutinize a consultant’s record of success in handling a specific kind of case rather than relying on the consultant’s ties to the community. Language capabilities are also important. If the consultant can’t speak the client’s language, it may be difficult to explain what’s going on, especially given the technical nature of the legal process. Finally, there is the issue of cost. Legal or migration representation never comes cheaply, and people seeking consultants should carefully consider the costs before moving forward. It is also worth asking if the price will differ according to the outcome. However, going without representation early in the process may end up costing a client later on. Appealing a rejection will almost certainly cost more than getting the application right the first time around. Those without the financial resources to hire legal or migration representation can get free advice from community legal centres. However, these centres do not always have registered migration agents. Disadvantaged migrants, such as those with disabilities, may also be eligible for application assistance under the Immigration Advice and Application Assistance Scheme (IAAAS). However, this program is not intended as universal coverage. Checking an immigration consultant’s qualifications: Register of Migration Agents Register of Lawyers Register of Lawyer with accredited specialisation in immigration law