The terms "migration agent" and "immigration lawyer" are often used interchangeably but have important differences depending on the country:
In Australia:
- Registered Migration Agent (RMA): Regulated by the Office of the Migration Agents Registration Authority (OMARA). Must be registered to give immigration advice for payment. Can be a lawyer or a non-lawyer specialist.
- Immigration Lawyer: A legal practitioner (barrister or solicitor) who also practises immigration law. Must be registered with the relevant state law society AND can also be registered as an RMA.
- Key difference: Immigration lawyers can represent you in Federal Court appeals. Migration agents cannot appear in court unless they are also qualified lawyers.
In New Zealand: The term is "licensed immigration adviser" — regulated by the Immigration Advisers Authority (IAA). Immigration lawyers are separately regulated by the Law Society.
In the UK: "Immigration adviser" is regulated by the Office of the Immigration Services Commissioner (OISC). Immigration solicitors are regulated by the Solicitors Regulation Authority (SRA).
In Canada: "Regulated Canadian Immigration Consultant (RCIC)" is regulated by the College of Immigration and Citizenship Consultants (CICC). Immigration lawyers are regulated by provincial law societies.
When to use which:
- Straightforward applications (standard student visa, work permit): A licensed migration agent is sufficient and typically cheaper.
- Complex cases (visa refusal, appeals, criminal record, character issues, tribunal hearings): Instructing an immigration lawyer is strongly recommended.
Avoid unregulated advisers: In every country, receiving paid immigration advice from an unregistered person is illegal. Always verify credentials.