Migration agents and migration lawyers

Migration Agents Australia

Visa Plan Lawyers is an Australian law firm. We do everything a registered migration agent does — strategy, lodgement, sponsorship, ART representation — and add what only admitted lawyers offer: legal professional privilege, court rights, and judicial review of refusals in the Federal Circuit and Family Court.

Practice areas

Every visa category and every appeal pathway is handled by lawyers who specialise in it.

Skilled Migration

State-nominated PR, Independent PR, Regional skilled visas, and points-tested pathways.

Partner & Family Visas

Partner, prospective marriage, parent, child, and dependent visas, including evidence-heavy de facto and same-sex matters.

National Innovation Visa

Subclass 858 visa pathway for individuals of internationally recognised talent, achievement, or experience in priority sectors of national interest.

Citizenship

Citizenship by conferral and descent, character matters, evidence applications, and renunciation.

15+

Years specialising in Australian migration

8

Capital cities served nationally

100%

Matters handled by admitted lawyers

6

Languages supported in client matters

How regulated migration practice works

Australia regulates immigration assistance through two professional pathways: registered migration agents and admitted lawyers. The five stages below set out what each pathway covers, and where they diverge.

  1. 01

    Registration framework

    Anyone giving immigration assistance for a fee in Australia must either be a Registered Migration Agent (RMA) — registered with the Office of the Migration Agents Registration Authority (mara.gov.au) — or be an Australian legal practitioner. Visa Plan Lawyers is a law firm regulated by the Victorian Legal Services Board and admitted across Australia. Our practitioners are admitted lawyers, not RMAs.

  2. 02

    Code of Conduct and professional rules

    RMAs are bound by the Code of Conduct for Registered Migration Agents under the Migration Act 1958. Lawyers are additionally bound by the Australian Solicitors' Conduct Rules and supervised by their state legal services board. The professional standards governing lawyers are stricter and the disciplinary body is a court rather than an administrative authority.

  3. 03

    Day-to-day visa practice

    Both agents and lawyers prepare visa applications, lodge with the Department of Home Affairs, and respond to Department requests. The difference at this stage is what is protected: communications with a lawyer are covered by legal professional privilege; communications with an agent are not. Privilege matters where evidence is contested or where prior conduct may be examined.

  4. 04

    Tribunal representation

    Both agents and lawyers may appear at the Administrative Review Tribunal (ART) for merits review of refusal and cancellation decisions. Lawyers prepare cases by reference to Federal Court authority on the relevant statutory provisions, which becomes critical if the matter proceeds beyond ART.

  5. 05

    Court representation (lawyers only)

    Where an ART decision contains jurisdictional error, judicial review lies in the Federal Circuit and Family Court of Australia. Only admitted lawyers can file proceedings, draft pleadings, and appear at hearing. An RMA who reaches this stage must hand the matter to a lawyer or barrister. Visa Plan handles the matter from initial advice through to court without handover.

Why instruct Visa Plan

Everything an agent does

Application strategy, sponsorship structuring, evidence preparation, lodgement, Department engagement, and ART representation are all standard work at Visa Plan. Choosing a lawyer does not mean adding a layer; it means the same work plus what an agent cannot offer.

Plus legal professional privilege

Communications with a Visa Plan lawyer are protected by legal professional privilege. Statements, draft evidence, and strategy discussions are not compellable by the Department, the ART, or any other party. RMA-client communications do not attract privilege and may be required to be produced.

Plus court rights and judicial review

When a refusal turns on legal error rather than evidentiary insufficiency, judicial review in the Federal Circuit and Family Court is the remedy. Only admitted lawyers can run that work. Instructing a lawyer at the outset means continuity from advice to lodgement to review to court, with the same practitioner.

Speak to a migration lawyer

Get a clear written assessment from a Visa Plan lawyer before you commit. We quote in writing and explain trade-offs.

Request a consultation

By capital city

Each capital city page sets out local context, the relevant ART registry, state nomination programs, and any DAMA pathways operating in that state or territory.

Frequently asked questions

What is a registered migration agent?
A registered migration agent (RMA) is a person registered with the Office of the Migration Agents Registration Authority (OMARA) under the Migration Act 1958. RMAs are authorised to give immigration assistance for a fee, lodge applications, and represent clients at the Administrative Review Tribunal. They are bound by the Code of Conduct for Registered Migration Agents. The OMARA register is publicly searchable at mara.gov.au.
What is a migration lawyer?
A migration lawyer is an admitted Australian legal practitioner whose practice focuses on migration law. They are regulated by their state legal services board (Visa Plan Lawyers is regulated by the Victorian Legal Services Board, lsbc.vic.gov.au), bound by the Australian Solicitors' Conduct Rules, and qualified to give legal advice on the Migration Act 1958 and Migration Regulations 1994. Lawyers may also hold migration agent registration but are not required to.
Can a migration agent do everything a lawyer can do?
No. An RMA can give immigration assistance, prepare and lodge visa applications, and appear at the Administrative Review Tribunal. An RMA cannot file proceedings or appear in any Australian court, cannot give legal advice on matters outside immigration assistance, and cannot claim legal professional privilege over their communications with clients. For judicial review of an ART decision, a court appearance, or any matter where privilege is material, a lawyer is required.
When does it matter whether I instruct a lawyer instead of an agent?
It matters most where the case is, or could become, contested or complex. Specifically: prior visa refusal or cancellation, character or Section 501 issues, allegations of fraud or document irregularity, complex employer sponsorship structures, partner evidence requiring sensitive disclosure, judicial review prospects, and matters where ministerial intervention may be sought. For straightforward applications with no risk factors, both lawyers and agents do the same lodgement work; the safety margin a lawyer provides only crystallises if something goes wrong.
Does Visa Plan have a registered migration agent on staff?
Visa Plan Lawyers operates as an Australian law firm. Our practitioners are admitted lawyers, not migration agents. The Migration Act 1958 expressly authorises Australian legal practitioners to give immigration assistance without separate OMARA registration; legal practitioner status replaces and exceeds the agent registration framework for the purposes of immigration assistance.
Are migration lawyers more expensive than migration agents?
Not necessarily. Fees vary by complexity, scope, and individual practitioner. Reputable migration agents and migration lawyers operating to professional standards charge in similar bands for comparable work. The cost difference, where it exists, reflects the depth of legal analysis and the additional services lawyers can provide if a matter escalates. Visa Plan provides a written fixed-fee estimate at the strategy stage so clients can compare on a like-for-like basis.

Information current as of 8 May 2026. Australian migration law and the regulation of migration agents change from time to time. For the current legislation, refer to the Migration Act 1958; for the migration agent register, the Office of the Migration Agents Registration Authority.

Speak with a lawyer

All enquiries are handled directly by our immigration lawyers. Complete the form and we will be in touch within one business day.

  • Admitted solicitors — not migration agents
  • Legal Professional Privilege on all communications
  • No referral or obligation required
  • Enquiries responded to within one business day