Do you want to move to Australia? While more immigration opportunities are opening up, immigrating to Australia can be difficult. You may be thinking of having an immigration lawyer during the process. But do you need an immigration lawyer to migrate to Australia?
Well, you should know that there are reasons you should consider having one. Here on this page, we will tell you why you should have a lawyer at your side.
Immigration is increasing in Australia and continues to increase as the government creates more opportunities for immigrants to enter and live in the country. But are there reasons for immigrating to Australia?
Common Reasons for Australian Immigration
Why do so many people migrate to Australia? Here are common reasons for Australian immigration:
- Job offer/job opportunities
- Romance/marriage
- Family purposes
- Study/Education
- Stay in Australia longer than their visa allows (whether that be work-related or not)
The above also form reasons to hire an Australian immigration lawyer. Every applicant is unique, and a lawyer will assist you, improving the immigration process and increasing your chance of acceptance.
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The Benefits of Using an Immigration Lawyer
While it’s technically not required to hire an immigration lawyer, doing so will benefit you greatly. Here’s why:
1. Immigration Lawyers Can Ensure Your Application is Complete and Accurate
Just one minor error can result in a delayed or even a rejected application. Applications are also commonly rejected because the applicant didn’t provide enough information, provided incorrect information, and/or didn’t include their necessary documents.
What happens if your application is refused for these reasons?
You can always contact the Department to fix your application or you can submit a new one. But understand the Department won’t contact you if your application is incorrect or is missing documents. However, a lawyer will ensure your information is correct and up-to-date, and that you have all of the necessary documents.
2. Immigration Lawyers Have Extensive and Updated Information on Australian Migration.
Immigration laws are constantly changing, and you must comply with the latest regulations. In addition, visa forms constantly change to reflect these new policies. If you follow an outdated protocol or fill out an old form, you risk a rejected application.
You can trust the best immigration lawyer to inform you of the newest changes and will provide the correct application to fill out.
Immigration lawyers also have the best knowledge of general immigration laws. They studied the Migration Regulations, Migration Act, and additional immigration legislation extensively. Your lawyer can explain the immigration process as well as options to make the immigration process run smoothly.
3. Immigration Lawyers Are Held by Professional Standards
Immigration lawyers aren’t only passionate about their work and their clients. They uphold professional standards and are held accountable to these standards.
This ensures your lawyer will always act within your best interests, will only charge a reasonable fee, and will abide by the law.
When you trust an Australian immigration lawyer, you’ll not only have a better chance of acceptance but you’ll receive quality assistance during the entire process.
4. Immigration Lawyers Can Interpret Legislation
Legal legislation is difficult to interpret. Lawyers have specialized training to interpret legislation and apply the law to your visa application.
This knowledge is beneficial when writing submissions. Lawyers have technical knowledge of legislation, meet all application requirements, and can frame your case effectively.
5. Immigration Lawyers Can Provide Options
As stated previously, every case is different, and all applicants have different reasons to migrate to Australia. Your lawyer can look at your case and provide different options for smoother immigration.
For example, let’s say you’re a skilled worker and want to move to Australia for more work opportunities. If you can’t receive sponsorship from an employer, your lawyer can help you interpret your options and any visas you may qualify for.
This applicant may be different from someone who plans on marrying an Australian citizen. A lawyer will inform you of entry laws, the visas you’ll need for marriage, and other options to ensure you can get married and live in Australia.
When Do You Need an Immigration Lawyer in Australia?
Some situations require the assistance of an immigration lawyer. These include:
- Crimes committed in your home country
- Previously rejected applications
- If you’re inadmissible for any other reason
- If you are or have been in immigration deportation proceedings
- If you’re encountering application delays
What if you don’t fit one of these categories?
You should still hire a lawyer. Migration applications and paperwork can be confusing and even stressful. A lawyer can take the headache away, ensuring everything is accurate the first time you submit your application.
Can an Immigration Lawyer Do Everything?
While having an immigration lawyer is helpful, there are restrictions when hiring one. Here’s what your lawyer can’t do:
- Help you get a visa if you’re not eligible for one
- Guarantee your application will be accepted
- Commit migration fraud
- Assist or guarantee a faster visa acceptance process
- Submit fraudulent documentation
As stated previously, lawyers act within an ethical code. While they will work within your interests, they are still held accountable to professional standards.
How to Know Your Immigration Lawyer Is Trustworthy
There are many immigration lawyers in Australia. How do you know if a lawyer is trustworthy or not? First, always choose an immigration lawyer who’s registered with the Office of the Migration Agents Registration Authority.
Your lawyer should also have experience in these areas:
- Professional application preparation (preparing new applications, identifying errors, etc.)
- Documentation preparation.
Your lawyer should also act as your support system during this process. You should be able to ask questions, request advice, and other information that’s vital to the migration process.
After you submit your application, your lawyer should provide regular case updates. Above all, your lawyer should swear to confidentiality.
Steps to Hire an Immigration Lawyer in Australia
Do you need an immigration lawyer to help you file for your visa? Only specific situations require a lawyer and most applicants don’t require a lawyer; however, a lawyer is still recommended.
Australian migration laws are complex and are always changing. Hiring a lawyer ensures your application is accurate, increasing your chances of acceptance.
Getting a lawyer in Australia when you’re an immigrant takes a few steps. You want to make sure you find someone good who can help you with your legal stuff. Here’s how to do it:
Step 1: Determine What Legal Help You Need
Define your legal problem. Is it moving to another country, buying a house, or family stuff?
Also, choose the right attorney. Do you need someone who knows everything about immigration law or another area that fits your problem?
Step 2: Find a Good Lawyer
Check online listings. Visit websites such as the Law Society of New South Wales, the Law Institute of Victoria, or similar groups in other states.
Look for lawyers who know immigration law internally: see what they specialize in and where they went to school.
Additionally, look at what other people are saying. Look at what their past customers think of them.
Step 3: Make Sure They are Legit
Check if they can practice law. Make sure they are registered with a legal authority in their state or territory.
Also, check their track record. Look for attorneys who have handled many immigration cases in the past.
Step 4: Contact Potential Attorneys
Write down what you want to ask and find out their background on how often they win cases, how much they charge, and when they can help you.
Also, set up an initial meeting. Initially, many lawyers will talk to you for free or for a small fee.
Step 5: Look at your alternatives
Assess their communique competencies and make sure the attorney speaks and is correct. Also, check the process to know if the system matches your wants and desires.
Furthermore, check their charges to find out how they charge you and what other charges you may have.
Step 6: Do What You Need
Evaluate the attorney based on your verbal exchange and what you have learned. Choose the proper legal professional for you and go together with the one you experience maximum assurance with.
Step 7: Hire a Legal Professional
Put your name on the contract, read carefully before you sign. Give them what they want and provide any documents and data the attorney asks for.
Frequently Asked Question
How Much Does it Cost to Hire an Immigration Lawyer in Australia?
The cost of an immigration lawyer in Australia can range from $250 to $500 per hour, depending on their skill level and your case requirements.
Do I Need an Immigration Lawyer in Australia?
Only specific situations require a lawyer, and most applicants don’t require a lawyer. However, a lawyer is still recommended. Australian migration laws are complex and always changing. Hiring a lawyer ensures your application is accurate, increasing your chances of acceptance.
Can Foreign Lawyers Work in Australia?
Foreign lawyers working on a fly-in, fly-out basis are entitled to come to Australia and act for their clients, providing legal services for a maximum period of 90 days in any 12 months.
How Much Does an Immigration Lawyer Make in Australia?
The estimated total pay for an immigration lawyer is $86,570 per year, with an average salary of $85,000 per year.
Are Lawyers Expensive in Australia?
The cost of a lawyer will depend on what legal advice you need. Fixed fees can vary from $250 upwards, while hourly rates vary between $200 – $800 per hour.