Hiring a migration agent will be better over an immigration attorney. An immigration lawyer will be good if you need to handle any AAT case or federal court case. And Agent will be mostly dealing on the visas.
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Who should I hire for my RBI application of Australia?
I am interested in the Australian Business and Investor visa, but I am confused on who to seek out to help with my application. Should I hire an immigration attorney or a registered migration agent is enough?
Answers
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Yes. Hiring a lawyer or an agent specialized in investment visas. In my mind, there is no room for mistakes for the amount of money that you are about to spend on the base application and the amount of work you are going to go through to make the application.
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RBI applications for Australia can be rigorous and requires expertise to navigate your matter well. A registered migration agent who is experienced in the area of specialty for business and investor visa is sufficient for purposes of your application. An immigration attorney is also a good choice provided that he/she is well-versed in the area of business/investor migration. Not all immigration attorneys (or agents for that matter) has experience in handling business migration, so you need to make a careful selection of who will handle your case well and understand your country's type of documents/paperwork.
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For assisting with the visa application to Australia, all persons providing immigration advice must be a registered migration agent. Accordingly, immigration lawyers are also a registered migration agent, apart from holding their licenses as lawyers. (New legislation is likely to be implemented where Australian Lawyers will be exempted from being separately registered as a migration agent. This will mean that lawyers will be able to give migration advice in the course of their legal practice, without the need to be registered as a migration agent). The major advantage of immigration lawyers over migration agents is that lawyers in their professional capacity will also be able to provide advice in many areas of law such as taxation law, family law, company law and employment law, which are also relevant to many new migrants. Lawyers who must hold a professional degree in law and will be able to provide a range of legal advice in addition to migration law while registered migration agents will not be able to do that. Lawyers can provide immigration legal assistance and only lawyers can represent migration clients in courts of law. On the other hand, a non-lawyer migration agent, although may be able to provide immigration assistance with their visa application, are not able to provide legal advice. The communication between lawyers and clients is confidential in most situations and is protected under legal professional privilege. This protected communication between lawyers and clients cannot be revealed except for a few limited circumstances. Non-lawyer migration agents do not have that protection.
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You will get different answers from different people. Each will have their own opinion. A lawyer is able to provide immigration services in Australia without further study. This means they may not have any specific knowledge or experience in immigration law. By virtue of the fact they are qualified as a lawyer, they are treated as though they understand immigration law. A registered migration agent, by current standards, is required to complete a one-year postgraduate qualification specifically in immigration law. This means they have an in-depth understanding of immigration law and relevant processes. The difference in terms of handling a case - a lawyer can take your case to court. It's unlikely most applicants would need to go to court.
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