Interested in providing immigration assistance to non-citizens?
Legal practitioners and registered migration agents can provide immigration assistance to non-citizens who are in Australia or wanting to travel to Australia in relation to their visa options, visa status and visa problems.
If you are not a legal practitioner, then you must become a registered migration agent to provide immigration assistance. If you provide immigration assistance and are not a registered migration agent or a legal practitioner, you are committing an offence under the Migration Act 1958 (Cth).
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Three pathways to lawfully providing immigration assistance
Follow these steps to become a migration agent:
- Note the complete registration requirements on the OMARA website.
- Complete the Graduate Diploma of Australian Migration Law and Practice
- Pass the independent Capstone Assessments after graduating from the Graduate Diploma of Australian Migration Law and Practice
- Other registration requirements include having professional indemnity insurance and a professional library subscription.
FAQs:
Q: What is the difference between a registered migration agent and a legal practitioner?
A: Both a registered migration agent and a legal practitioner can lawfully provide immigration assistance to non-citizens. However a migration agent is not a legal practitioner.
Q: Can a legal practitioner provide immigration assistance without studying any migration law courses?
A: Theoretically, yes. Providing you hold an unrestricted legal practising certificate, as a legal practitioner you have gained foundational skills and knowledge that will help you to learn how to provide immigration assistance. However, it is a specialised and complex field and we recommend some formal training, for example, the Graduate Diploma of Australian Migration Law and Practice.
Q: If I complete a law degree and the Graduate Diploma of Australian Migration Law and Practice, do I still need to complete the independent Capstone Assessments to be able to provide immigration assistance?
A: No, but you will have to complete the requirements for admission to legal practice in your state, for example, PLT in Queensland, so that you hold an unrestricted practising certificate.