Migration agent vs migration lawyer
Both registered migration agents and Australian lawyers can lawfully charge for immigration assistance. They are regulated by different bodies and checked in different places.
Under the Migration Act, both registered migration agents and Australian legal practitioners can lawfully charge for immigration assistance. The practical differences are who regulates them, where you check them, and where you complain. Neither can guarantee a visa.
The legal difference is all that is covered here. It does not say which is better for any matter, and it does not recommend any individual or firm. For the bigger question of how to choose, see the article on a visa refusal lawyer or migration agent.
Who may give immigration assistance
The Act says a person who is not a registered migration agent must not give immigration assistance, and the penalty is 60 penalty units. Some people are exempt. An Australian legal practitioner may give immigration assistance "in connection with legal practice". Close family members of the person, a nominator or sponsor of the applicant, parliamentarians, certain officials and diplomatic staff are also exempt.
Charging is stricter. Asking for or receiving a fee for immigration assistance when you are not a registered migration agent carries up to 10 years' imprisonment, with an exception for Australian legal practitioners acting in connection with legal practice. The ART says the same thing in plain words: only a registered migration agent or an Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you.
Some OMARA pages say there is only one type of agent who can lawfully give migration advice. Its other pages, and the Act itself, say registered agents, legal practitioners and exempt persons can all lawfully give immigration assistance. This site follows the Act: exempt people such as close family may help, but only agents and lawyers may charge.
Source: Migration Act 1958, ss 280 and 281 (checked 16 October 2026)
Side by side
| Registered migration agent | Australian lawyer | |
|---|---|---|
| Can lawfully charge for immigration assistance | Yes | Yes, in connection with legal practice |
| Where to check | OMARA Register of Migration Agents, by name or MARN | State or territory legal professional body (practising certificate); generally not on the Register |
| Rules they work under | Migration Agents Code of Conduct | Legal profession law of their state or territory |
| Where to complain | OMARA | The state or territory legal services regulator; OMARA cannot consider complaints about lawyers |
| Can guarantee a visa or fast-track it | No | No |
Source: Home Affairs and OMARA pages, checked 16 October 2026. A lawyer who is an unrestricted legal practitioner is removed from the agent Register (Migration Act s 302A), which is why lawyers are not listed on it.
What the Code gives you with an agent
A registered agent must give you a consumer guide and a written, signed service agreement before starting, and cannot take fees before the agreement is in force (apart from a permitted initial consultation fee). Fees must be fair and reasonable, with an itemised invoice. Details are in migration agent fees and written agreements.
Lawyers have their own cost-disclosure duties under state and territory law. One consumer sheet from the Legal Services Council, dated July 2022 and covering NSW, Victoria and Western Australia, says a lawyer must charge no more than fair and reasonable costs and give a written estimate for work likely to cost more than A$750. We could not confirm whether that threshold has changed since 2022, and other states have their own laws. Ask any lawyer for their costs disclosure in writing.
Source: Legal Services Council, Your rights as a consumer (July 2022; checked 16 October 2026)
Complaints do not affect your visa matter
Home Affairs says that complaining about your registered migration agent, or about your legal practitioner, will not affect your visa application. The OMARA cannot order a refund or compensation. If a money dispute with an agent cannot be resolved, a tribunal or local court may be able to order one.
The paperwork and the regulator differ, even where the fee standard sounds similar. Before hiring either, check the Register or practising certificate and use the questions to ask.
This comparison describes the general legal position only; it is not advice about which to choose for your matter. Your decision letter, not this page, sets out your time limit and review rights.
Source: Home Affairs, Using a migration agent (checked 16 October 2026)
Where this came from
- Migration Act 1958, ss 276, 280, 281 and 302A (checked 16 October 2026).
- Home Affairs, Using a migration agent (checked 16 October 2026).
- Home Affairs, Using a legal practitioner (checked 16 October 2026).
- OMARA, Helpers who are not registered (checked 16 October 2026).
- OMARA, Find a registered migration agent user guide (checked 16 October 2026).
- OMARA, Other agencies that can help (checked 16 October 2026).
- ART, Immigration and citizenship (checked 16 October 2026).
- Legal Services Council, Your rights as a consumer (July 2022; checked 16 October 2026).