Choosing the Right Legal Representative
As the ability to register as a migration agent is a relatively simple process, there are many functioning practitioners who are not particularly skilled or knowledgeable in the field of migration law. This means that when you choose somebody who purports to be a professional, this is not always the case.
Skilled Immigration Lawyers
An individual who charges a fee for provided legal services must not only have legal qualifications, but they must also hold a current practising certificate; which can be renewed on a yearly basis for those who are effectively engaged in practicing law. Only lawyers who fulfil specific requirements will be able to qualify, and these certificates enable a practitioner to be in receipt of professional indemnity insurance to protect clients in cases of fraud.
When it comes to issues regarding visa applications for example, immigration lawyers will be able to define and advise you on outside legal issues that could affect the outcome of your claim. Factors such as current criminal records and subsequent limitations, family and matrimonial laws and even issues relating to employment can better be addressed by a professional who has an understanding of law on the whole. If your chosen professional can help you to identify issues that may arise, you may be able to take the necessary measures to ensure a successful application.
Migration agents on the other hand will have a specialised insight into migration laws, but they will have little to no education when it comes to other practices of law.
Lawyers who have experience in the field of immigration will not only have the necessary legal insight to assist with your queries, but they will have a more well-rounded knowledge of general law and therefore may be able to discern outside implications that could affect your inquiry. For example visa applications can often be subject to certain rights and responsibilities – such as taxation, family laws, current or proposed employment opportunities and even criminal law, and so opting to work with an agent who doesn’t understand these types of law can impact a committee’s decision.
Migration agents are the first professionals to come under scrutiny when it comes to weeding out dishonest practitioners, but the reality is that many are just as qualified as migration lawyers. At the same time, not everyone who claims to be an agent or even a lawyer is actually proficient at the role. Be wary of anyone can claims to be a specialist on immigration law. If a law firm claims to play host to accredited specialists, look for their listing as to whom they are registered as specialists with. The Law Society of NSW, the Law Institute of Victoria, the Queensland Law Society and the Law Society of South Australia are all noteworthy, trusted institutions.
If a lawyer is found to breach any of the necessary requirements, their practising certificate may be refused, or may have special limitations placed upon it to adhere to best practices. Additionally, for the first three years of a lawyer’s career, they must work under the supervision of an experienced practitioner to qualify for their initial practising certificates.
Migration Agents or Specialists
There will be a number of migration agents or migration “specialists” that will act as lawyers and advertise legal qualifications, often stating that they are admitted to practice in a State or Federal Court. As mentioned above, being admitted to practice is straightforward enough, but continuing requirements are not as easy to uphold. In general, these types of migration agents may have a degree of legal knowledge, but this is not necessarily recent and is almost definitely not subject to professional indemnity insurance.
There are many highly skilled and professional working migration agents in Australia, but there are just as many who are not as qualified as they may seem. If a professional states that they are a lawyer, but don’t seem to hold any current practising certificates, be sure to ask if they have ever worked under supervision or if they have they been refused a renewal. If you have any doubt as to the qualifications that an institute possesses, inquire about the level of insurance that they offer to you, too. Questions such as these will help to weed out any potentially unskilled candidates.