Do You Need a Migration Agent or Lawyer for Australian Skilled Migration?

Migrating to Australia is a life-changing decision, but the process is famous for being complex. With the Department of Home Affairs frequently updating visa rules, many applicants face a tough question: “Can I do this myself, or should I hire a professional?”

If you decide to get help, the next question is often whether to choose a Registered Migration Agent (RMA) or an Immigration Lawyer.

This article explains the differences in simple terms and uses recent data to help you decide.


Migration Agent vs. Immigration Lawyer: What’s the Difference?

Both professionals are qualified to help you, but they have different backgrounds.

1. Registered Migration Agent (RMA)

  • Focus: They specialize exclusively in Australian migration law.
  • Regulation: They must be registered with the Office of the Migration Agents Registration Authority (OMARA).
  • Best For: Most standard skilled visa applications (like the 189, 190, or 491 subclasses). If your case is straightforward—meaning you have a clean criminal record, good health, and clear qualifications—an agent is often the most cost-effective choice.

2. Immigration Lawyer

  • Focus: They are qualified lawyers with a law degree who also hold a practicing certificate in migration law.
  • Regulation: They are regulated by legal professional bodies (like the Law Society) and OMARA.
  • Best For: Complex cases. If you have a prior visa refusal, a criminal history, or need to appeal a decision in a federal court, a lawyer has the broader legal training required to argue your case effectively.

Why You Should Consider Professional Help

You are not legally required to use an agent or lawyer, but the risks of “DIY” (Do It Yourself) applications are rising. Here is why, based on recent migration trends:

1. The Cost of a Simple Mistake is High

Visa application fees are non-refundable. For a main applicant, a skilled visa can cost over AUD $4,600. If you make a simple administrative error—like uploading the wrong document or miscalculating your points—your visa can be refused, and you lose that money instantly.

2. The Rules Change Constantly

Australian migration law is not static.

  • Recent Update: As of July 2025, the government has maintained a permanent migration planning level of 185,000 places, but the competition has shifted.
  • New Complexity: The introduction of the Skills in Demand visa (replacing older shortages visas) and stricter “Genuine Student” tests mean that what worked for your friend six months ago might not work for you today.
  • Refusal Rates: Industry data suggests that a significant percentage of “DIY” applications fail not because the applicant wasn’t skilled, but because they couldn’t navigate the legal paperwork.

3. The “Points Test” Trap

Skilled migration relies on a points test (based on age, English skills, education, etc.).

  • The Trap: You might think you have 65 points, but the Department of Home Affairs is strict. If you claim 5 points for work experience that the Department decides isn’t “closely related” to your nominated occupation, your score drops, and your visa is automatically refused.
  • Professional Value: An agent or lawyer will perform a “pre-assessment” to ensure your points are “decision-ready” before you pay the government fees.

Verdict: Which One Do You Need?

  • Go DIY if: You have plenty of time, a tight budget, a very high level of English, and a completely “clean” application (no health/character issues, standard employment history).
  • Hire a Migration Agent if: You want peace of mind, need help calculating your points accurately, or have a slightly complicated work history. This is the most common choice for skilled migrants.
  • Hire an Immigration Lawyer if: You have ever been deported, had a visa cancelled, have a criminal record, or are taking the government to court.

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