Benefits of using a migration agent or lawyer

Benefits of using a migration agent or lawyer

At Mint Talent, we often have candidates ask us about the sponsorship and visa process in Australia and within the Asia-Pacific region. While we always aim to stay up to date with the latest visa requirements, we feel it’s always best to speak to a qualified migration agent or migration lawyer. In this blog, we’ve detailed the benefits of using them throughout your relocation process as well as things to consider.

At Mint Talent, we often have candidates ask us about the sponsorship and visa process in Australia and within the Asia-Pacific region. While we always aim to stay up to date with the latest visa requirements, we feel it’s always best to speak to a qualified migration agent or migration lawyer. In this blog, we’ve detailed the benefits of using them throughout your relocation process as well as things to consider.

Benefits of using a migration agent or migration lawyer

Even when you feel comfortable about lodging an application yourself, migration agents offer a wealth of knowledge and advice on all the legal processes involved with moving overseas. You don’t need to use one, however immigration policies and laws are constantly changing in Australia and it’s important to get the most up-to-date information possible from someone who understands all the limitations and benefits. Migration agents are equally useful if you want to sponsor someone to visit or stay in Australia, or stay or visit yourself. Additionally, they can provide assistance in situations where you are unsure about your options, you are moving overseas for the first time, you don’t feel comfortable lodging your own application or feel that you have a complicated case, such as where children are involved.

Additional benefits of using a migration agent include:

  • They can advise on your eligibility for particular visas and make sure your relevant documentation is correct.
  • They can provide advice on what visa will best suit your circumstances and help you prepare your visa application.
  • They can monitor the progress of your application and liaise with the Government on your behalf where necessary.

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What kind of migration agent or migration lawyer do I need?

Once you have decided to use a migration agent, the first thing to do is make sure you are using a qualified migration agent regardless of your circumstances. In order to be qualified to provide migration advice, a migration agent must hold a current legal practicing certificate issued by an Australian body that is authorised by law. They must also be registered with the Office of Migration Agents Registration Authority (MARA). If your migration agent or lawyer resides outside of Australia, they won’t be registered with the Australian Government so make sure they are accredited by a local authority (separate to the overseas agent ID number).

So, confirm your migration agent is qualified, then think about your personal circumstances – for example, do you need advice about visa options, or on a specific visa? Do you need assistance lodging your application, or is English your second language? These are just some of the things to consider, as well as your criminal history and residential status. If you need legal assistance, you may consider working with a registered migration lawyer who will be able to represent you in court where necessary.

It may also be useful to screen potential migration agents with a phone call to scope their experience with your particular visa, whether they think your outcome will be successful and the steps they will take to help you.

Once you have a migration agent or a migration lawyer

You’ve made sure your migration agent/lawyer is qualified and is going to be the best person to advise you based on your circumstances. The next step is to formally discuss the agreement you are entering into and get it all in writing. All registered migration agents and migration lawyers are bound by MARA’s Code of Conduct and must provide you with a Consumer Guide.

What to ensure you have in writing:

  • Advice on your options.
  • Contracts and fees (detailing when you need to pay and how, as well as what you are paying for).
  • Timelines – Discuss how long the application is expected to take and what the process will look like.
  • Consumer Guide and Code of Conduct.

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Your migration agent or migration lawyer needs to provide you with updates on the progress of your application as soon as possible, as well as advise of any conflicts of interest. If you mutually agree to end the contract, they need to return all documentation within seven days.

However, hopefully with the right advice and the right agent, your application will be lodged successfully and accepted, and you can be on your way to relocating. Happy moving!

We hope this guide has been informative, and if you are considering a move overseas, take a look at all our international roles here.