Migration agent or immigration lawyer: which one do you need?

Short summary

In Australia, two kinds of professional can legally help you with a visa: a registered migration agent and an immigration lawyer. A migration agent is registered with the government regulator and handles visa applications and processes. An immigration lawyer holds a legal practising certificate and can also give broader legal advice and represent you in court. Which one you need depends on how complex your case is.

Who can legally help you

Under Australian law, only three types of person can lawfully give you immigration assistance: a registered migration agent, an Australian legal practitioner (a lawyer), or an exempt person. It is against the law for anyone else to provide immigration assistance for a fee. This is the first thing to understand, because it rules out unregistered "consultants".

What a registered migration agent is

A registered migration agent is registered with the Office of the Migration Agents Registration Authority (OMARA), which sits within the Department of Home Affairs. Each agent has a seven-digit Migration Agents Registration Number (MARN) and must follow the Code of Conduct for registered migration agents. OMARA sets the standards for registration, monitors agents, and investigates complaints. As of 2025, OMARA oversees more than 5,400 registered migration agents.

Migration agents specialise in visa applications and the administrative process. For a straightforward application, an agent is often a lower-cost option than a lawyer.

What an immigration lawyer is

An immigration lawyer holds a current legal practising certificate and is regulated by the legal body in their state or territory, not by OMARA. They are bound by the professional conduct rules for lawyers.

A lawyer can do some things an agent cannot:

• Represent you in court, including judicial review of a decision in the Federal Circuit and Family Court or the Federal Court.
• Give broader legal advice beyond the visa process.
• Legal professional privilege applies to your communications with a lawyer, which protects certain confidential advice. This privilege does not apply to communications with a migration agent.

Why you usually cannot use one person for both

Since 22 March 2021, the rules changed. Australian lawyers who hold an unrestricted practising certificate are no longer registered with OMARA. They give immigration assistance under their practising certificate instead. A person generally has to choose one path: practise as a lawyer, or register as a migration agent. So in most cases a single professional is either an agent or a lawyer, not both at once.

Which one fits your situation

An agent may be enough if:

• Your case is a standard visa application.
• You mainly need help preparing documents and following the process correctly.
• Cost is a priority and your matter is not complex.

A lawyer may be the better choice if:

• Your visa has been refused or cancelled and the matter may go to court.
• Your case involves character issues, a cancellation, or judicial review.
• Your situation is complex, or you want the protection of legal professional privilege.

Both an agent and a lawyer can represent you at the Administrative Review Tribunal, which handles merits review of visa decisions. Only a lawyer can represent you in court.

How complaints work

If you have a problem with a migration agent, try to resolve it with the agent first. If that does not work, you can complain to OMARA. Making a complaint will not affect your visa application, but OMARA cannot order a refund or change a visa decision. If you have a problem with an immigration lawyer, you complain to the legal body in their state or territory.

What to do next

Decide how complex your case is, then choose the type of professional that fits. You can search VisaMatch for verified migration agents and immigration lawyers, and filter by visa type, location, and language, so you can compare the right people for your situation.