Why Use An Immigration Lawyer?
An Overview
Australia has a long history of welcoming people from all across the world to be Australian residents and citizens. Indeed, Australia is a prosperous, diverse multi-cultural society featuring individuals from many races and religions working and living peacefully together. Australians understand the value and need of immigration as well as overseas investment in their nation.
However, central to the rights of any sovereign nation is the right to determine who enters its territory and stays within its borders. In Australia the law that determines the manner in which people may enter and stay in Australia is the Migration Act 1958 and the related Migration Regulation 1994.
Migration law is extremely complicated and, in these troubled times, policed in an increasingly efficient manner. When making an application to enter and stay in Australia you need to be sure that you have the best available advice and representation so that your application is successful.
Australian Migration Policy
The Migration Act is a complicated Act that sets out the many ways and circumstances in which people from other countries can come, stay, study and do business in Australia. The processes are not always easy to understand, and there can be many pitfalls when making applications that do not include all the necessary documentation produced in the right way. Preparing your application in the right way will extraordinarily increase your chances of success.
The Act codifies the law in the following areas:
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the procedure for entering Australia;
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types of visa classes, the application process and the control of their granting;
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the review process (court and tribunal);
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the status of non-citizens in Australia; and
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the regulation of migration agents.
Migration policy is upheld and policed by the Minister for Immigration and officers of the Department of Immigration and Multicultural Affairs (DIMA). There are 19 DIMA offices in Australia where visa applications can be lodged. Outside of Australia, there are 74 DIMA offices in many countries that process visa applications of those who have yet to come to Australia. Visas that are covered by the Act come in various forms and represent the many reasons why people would wish to migrate to Australia, and why Australia is happy to welcome so many each year. Common visa types are:
It will be the Minister and Departmental officials that will process and make decisions regarding any applications for entry and residency. Each of these visa categories is governed by different sets of criteria and different applications will require different forms of documentation and evidence in order to be successful.
Immigration Lawyers
There is no legal requirement to retain a lawyer when making a visa application. However, applications for visas are immensely complex and it is essential to have the right professional advice.
Making an application for a visa, especially for the permanent residency of a spouse or family member, will be an emotional and exciting time. These will be difficult emotions to control and will hinder rather than help the preparation of your application. An Immigration lawyer will provide the right advice, guide you through the process and provide the professional responses that are required to these complex issues.
Of course, going through the application process multiple times should be avoided; it is inefficient for your business and personally upsetting when it involves family members. Also, from a simple economics perspective the Department of Immigration and Multicultural Affairs (DIMIA) charges a non-refundable application fee of as much as AUD$2,385 for each visa application. Getting it right the first time will not only save you money but, most importantly, stress.
What’s the difference between an Immigration Lawyer and Migration Agent?
You should be aware that there is a significant difference between a registered migration agent and a lawyer with accredited specialisation in immigration law. A registered migration agent may not have any legal training. Indeed, while the Act governs the actions of Agents, regulations allow them to practice with only a few days of intensive classes. Also, unlike lawyers, migration agents aren’t required to have professional indemnity insurance which will raise monetary issues if they damage your business by acting unprofessionally or negligently in preparing your application.
By contrast, Oakfair Lawyers is a law firm with years of experience helping business all kinds of clients navigate through Australia’s notoriously complex migration laws. The lawyers at Oakfair Lawyers understand not only migration law, but the legal system itself. If you need to appeal a visa application decision in a court or tribunal, an experienced immigration lawyer will become an incredibly valuable asset.
Conclusion: Getting it Right the First Time
When applying for an Australian visa your legal representative will become a very important figure in your life, helping you to get your application right the first time. Rather than risking money, the future of your business or your family’s happiness by making applications without legal advice, put your future in the hands of professionals such as Oakfair Lawyers and share Australia’s lifestyle and prosperity with the smallest amount of stress and anxiety as possible.
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