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Wednesday, March 5, 2008

Choosing a migration lawyer

I have been receiving a very high volume of emails requesting help regarding visa migration to Australia.

Certain people have also offered to pay me for my services. I want to inform all my readers that I am not a registered migration agent and the advice I provide on this blog is free of charge. This doesn't mean that what I am telling you is wrong. The fact that I am not a registered migration agent/lawyer means that I cannot charge you for providing legal services or any advice on this blog.

Warning

There are lots of scams going on in the market where unregistered, non-professional people posing as lawyers rip off people by charging them high legal fees. There is a strict penalty for such crimes and the person involved can face criminal charges.


How to chose a migration lawyer/agent?


The first step you should take in choosing your lawyer agent is to confirm whether he/she is registered with the Migration Agents Registration Authority, MARA.

Please note that migration agents outside Australia are not required by Australian law to be certified from MARA. However, any one providing migration services, inside Australia is required by law to be a certified MARA migration agent. So its up to you to chose a MARA qualified migration agent or to chose a non-qualified MARA agent.

All registered MARA migration agents have a registration number. If you want to hire a lawyer, agent, You should ask for your lawyers/agents MARA registration number.

The authenticity of that registration number can be confirmed by checking it from the online database provided on the website of MARA.

Your consultant/agent/lawyer should be a registered Migration Agent under Australian Government Legislation. This legislation requires Registered Migration Agents to demonstrate that they are of good character and demonstrate competence in Australia's immigration law. Registered Agents must operate in accordance with a detailed Code of Conduct. You can also have a look at the Information on the Regulation Migration Advice Professional (IRMAP)


What are the benefits of hiring a MARA registered lawyer?


The greatest benefit a customer has while hiring a MARA registered lawyer/agent is that you can legally sue your lawyer/agent by lodging a complaint with MARA. If you do not hire a registered migration agent, you will not be able to legally sue him in Australia. It doesn't matter whether you yourself live in India or Brazil. Sending an email complaining against your agent/lawyer would be enough.


There are many other benefits such as knowledge and skills of a registered lawyer and his experience in handling cases etc.


I myself made a mistake and hired a non registered MARA lawyer and got myself into trouble. So instead of trying to save money and then getting yourself into trouble, it is advisable to pay a little extra and hire a professionally qualified lawyer who can get things done quickly and in a proper way.


Eligibility for registration as migration agent

To be eligible to register with the MARA, you must be over 18 years of age and be either:

  • an Australian citizen
  • the holder of an Australian permanent visa
  • a New Zealand citizen holding a special category visa.

In considering registration applications, the MARA must be satisfied that an applicant:

  • is a fit and proper person to provide immigration assistance (an AFP National Police Check is required)
  • has demonstrated competence in the English language
  • has completed a Graduate Certificate in Australian Migration Law and Practice or holds a current legal practicing certificate
  • holds professional indemnity insurance.

The MARA website contains forms and guidance about the requirements for becoming a registered migration agent.
See: www.themara.com.au

Junaid

Migration Agent Registration Number: 0964018

4 comments:

Paula said...

I need your help please,

I have Completed a Master of Finance in 2005 (1.5 years course)
I went back to my country for 3 years because I was sponsored by Australia Government and I had to work for at least 2 years back in my country.

I then came back and did a Master of Accounting (1.5years).

Question:Can i apply for 485 visa based on these 2 courses, since I think they are closely related (to meet 2 years study requirement) and nominate Master of Accounting because it is on the SOL?

Junaid Noor said...

@Paula

You have fulfilled the two year study requirement.

Whether your courses are closely related or not can be tricky. It depends upon what type of courses you studied in your finance degree and how closely related they are to accounting degree.

So if the courses are related then yes you can apply for 485 visa. Or if your points are complete you can directly apply for 885 visa.

Nawaraj said...

Hi Junaid,

This is Nawaraj. I am also among those who completed 1.5 yrs master and facing trouble to get 485 visa or further proceed to PR.

I inquire about the possibility of combining 1.5 yrs master and graduate certificate or graduate diploma to meet 2 yrs study requirement. I can combine 1.5 yrs master with graduate certificate to make 2 yrs study (as suggested by inquiry section staff of DIAC). This is completely wrong as graduate certificate can not meet 2 yrs study requirement. Now, i have issue of combining graduate diploma and 1.5 yrs masters (mentioned int he immigration website.

I completed 1.5 yrs master and now want to do graduate diploma to meet 2 yrs study requirement. Some staff of the department of immigration suggested that i can do graduate certificate after completing 1.5yrs master to meet 2 yrs requirement. But the department of immigration website clearly mentioned that graduate certificate can not be considered towards meeting 2 yrs study requirement.

Some other staff of DIAC suggested me to complete graduate diploma in a highly relevant field to meet 2 yrs study requirement.

I wrote specific comment on this issue to DIAC and got call from DIAC to inform that graduate certificate or graduate diploma can not be counted towards meeting 2 yrs study requirement. If i complete graduate diploma first and then enroll to 1.5 yrs master,i will meet 2 yrs requirement and can apply for post study working visa or PR after completing study.

So, there is inconsistency on the information provided by DIAC staff. To be on safe side, each staff inform that decision will be entirely based on case officer. The information they provided is with assumption that it may be correct. So, it may be that i need to fix appointment with case officer to find right answer !!!!.

I check with migration lawyer on this issue, even migration lawyer are not pretty sure what is right or what is wrong? It may be that i visited wrong migration lawyer who is not aware about this issue????

Now my option is:either pack my bag and head back to my home country or invest some more money to Australian University to get nothing.

So, i will appreciate if you could throw some information on this issue. who could be the right person to approach but definitely not inquiry section staff of DIAC?
May i drop my graduate diploma program or continue to experiment either graduate diploma after completing 1.5 yrs study will be counted towards meeting 2 yrs study requirement or not????


Junaid Noor said...

@Nawaraj

If you have completed a 1.5 yrs degree,and you want to fulfill the 2 yr study requirement then you can do the following



Enroll in another degree post graduate diploma, or an advanced post graduate diploma

So you can enroll in a 1 yr diploma and then get exemption for 4 subjects based on your 1.5 yrs Masters degree.

This way you complete the 1 yr post graduate diploma in 6 months and fulfill the 2 yr requirement.

The diploma must be be registered on CRICOS.

Please note that the ppl giving you advice from immigration department and junior help desk staff who have no knowledge of the immigration law.

The real people who have knowledge are case officers who do not handle phone queries.

This information that I just gave you is on a website of DIAC

https://www.immi.gov.au/skilled/general-skilled-migration/2-year-study.htm

You are better off speaking to a good migration lawyer who can advise you.

You can either go to these guys

http://kplaw.com.au/consultation/

and if they are very expensive then you can go to the following

http://www.auslead.com/

Hope this helps

Kind Regards

Junaid