Technically speaking, you do not need Registered Migration Agent to lodge your visa. A Registered Migration Agent cannot influence nor predetermine the outcome of your application, nor can they fast-track its processing. Most applications processed by the Immigration are not lodged by Registered Migration Agents. Nor Registered Migration Agent guarantee the positive outcome of the visa grant. Registered Migration Agents can advise if your visa application is likely to succeed, but they do not make visa decisions and cannot influence outcomes. Only the Immigration makes decisions about visa applications.

You can lodge an application directly with Immigration. The Immigration accepts all applications presented, regardless of who lodges them. Most applications can be lodged online.

Then the questions come, why use the Registered Migration Agent.

The following Benefits of Using the Registered Migration Agent:

• Registered Migration Agents are Regulated

It is a legal requirement that Registered Migration Agents operating in Australia are registered with the Office of the Migration Agents Registration Authority (Office of the MARA). You can search for Registered Migration Agents on the Office of the MARA website at www.mara.gov.au. Registered Migration Agents are allowed to provide immigration advice and assistance, including help lodging visa applications. Registered Migration Agents must be qualified and demonstrate to the Office of the Migration Agents Registration Authority (OMARA) that they:

• have sufficient knowledge of migration law and procedures;
• are a person of integrity; and
• are a fit and proper person to provide immigration assistance.

It is against the law for someone in Australia who is not registered with the OMARA to provide you with immigration assistance. It is a criminal offence to provide immigration assistance if you are not Registered Migration Agent.

• Asking for Further Information by the Immigration

Most applicants believe that the Immigration will request for more information if the documents they submitted is not sufficient. In reality, it is not the case. Under section 54 of the Migrations Act 1958, Immigration does not have to ask for more information and make decision on whatever is available to them. Registered Migration Agent are aware of the all the criteria for the grant of the visa. Usually they lodge Decision Ready Application, so you do not need to worry about section 54 of the Migrations Act 1958.

• Peace of Mind

The reality is that Australia’s migration laws are complex, and it is likely that someone who is unfamiliar with the process would be unaware of all the ‘ins and outs’ and intricacies of the system. This is even more so the case in the current climate with the migration laws constantly changing. To ensure that you gain the best and most effective result based on your individual circumstances, you need to have an in-depth understanding of how these laws apply in practice as well as the latest developments and how they affect your application. The time you spent on finding that information can be better used elsewhere or at your work.

Registered Migration Agents are trained professionals who are available to assist you with all aspects of your application, including the provision of advice regarding your visa options, preparing and lodging your application, and representing you in your dealings with the Immigration. They are skilled in Australia’s migration laws and are authorised under the Migration Act 1958 to provide these, and other services, that relate to your application. Registered Migration Agents practice exclusively in this one area of the law only, and utilise their knowledge, skills and experience to guide you through the application process, which can often be a stressful time for you. Their goal is to help you to achieve a positive result and to make the process as easy and seamless as possible. They take it out of your hands (to the extent that they can) and you can rest assured that everything is being done to help you to achieve the best outcome.  Getting it right the first time means you are less likely to end up with a visa refusal and the loss valuable time and money which you have invested into the process if the outcome is unsuccessful.

The Registration Migration Agents will do that for you so that you can have a peace of mind.

• Costly in Long Run

You can save money by not paying the Registered Migration Agent. However, if the negative results come then the cost of lodging with Registered Migration Agent is cheaper than to appeal your case at the Administrative Appeals Tribunal (“AAT”).

• Visas Can be More Complicated than They Appear

There are more than 500,000 international students studying in Australia at any given year. The most common visa most international students apply after completing their course is Graduate Temporary Subclass 485 visas.

Many international students lodge these themselves without an agent, without realising that the requirements are quite complex. However, many international students do not get the result that they expect, and we’ve seen the following:

• International students selecting the wrong stream, and ending up with either a refusal or a visa which is shorter than they expected;
• Missing key time of application requirements and being refused. If you miss an essential time of application requirement, it is usually not possible to fix this, even if appealing to the Administrative Appeals Tribunal (“AAT”); and
• Getting the timing wrong like lodging without a proper completion letter confirming the date of completion or on the same day they complete and being refused.

A Registered Migration Agent will thoroughly understand Migrations Acts 1958, Migration Regulations 1994 and the Department of Immigration Procedures Advice Manual. A Registered Migration Agent will also have comprehensive pre-lodgement checklists to ensure that essential requirements are not missed at lodgement.

• Dealing with the Department of Immigration can be Difficult

Due to funding cuts and an increase in the number of visa applications lodged, the Immigration is less accessible than was previously the case.

• They now prefer to deal with clients electronically, and getting through on the phone is very difficult;
• Visa applications are now processed by teams, and you will no longer have a dedicated case manager processing your file. This makes it difficult to discuss any special circumstances which may apply to your case;
• Immigration is indicating that they will refuse applications where they are not fully documented; and
• Where they do ask for further information, the request from Immigration can be difficult to understand – applicants can easily make a mistake and not provide the documentation required

An experienced Registered Migration Agent will ensure that your case is as fully documented so that any requests from Immigration are minimised. If you do receive a request for further information, they will be able to advise you clearly about which documentation will address the issues raised. Where necessary, Registered Migration Agent can escalate issues to management to get problems resolved.

• You May Only Have Once Chance to Get it Right

If your application is refused, this will usually mean that you lose the Immigration application fees – which can be many thousands of dollars. However, there may be more significant ramifications such as:

• Refusal on the basis for false or misleading information can result in a 10-year ban on visa approvals;
• Onshore refusal can result in a Section 48 bar – this would prevent you from lodging further visa applications from within Australia;
• Some visa applications must be lodged within a certain timeframe for you to be eligible – such as the Graduate Skilled Subclass 485 visa;
• Your age can be an important factor in many skilled visa types; and
• If the migration rules change after you lodge, you may not be able to re-lodge your application

A capable Registered Migration Agent will thoroughly check your application before it’s lodged, so that a simple mistake will not jeopardise your immigration future.

• Assurance

Your application is looked after each step of the way. Visa applications are complex, time-consuming and stressful. As applications can be refused over minor details, there is no guarantee that yours will be approved. A Registered Migration Agents knows your visa has a high impact on your life, your business, your work, your studies and your family. A Registered Migration Agent will give you peace of mind each step of the way. Using A Registered Migration Agent means you have the assurance that your visa will be prepared quickly and correctly the first time around.

• Visa Assistance

Once you have received professional Immigration Advice from a Registered Migration Agent and know what visa options are available to you, the next step in your migration or visa journey is to apply for your visa.

A Registered Migration Agent will provide you the following, but it is not an exhaustive list:

• Provide you with relevant document checklists, forms and guidelines

assist you in the collection and preparation of all information and documentation required in support of your visa application;

• Prepare and lodge any incidental applications as required like Student Admissions, Skills Assessments, Expressions of Interest, State Sponsorship Applications;
• Provide guidance and assistance in obtaining Overseas Health Insurance, Police Clearances and Medical Examinations where required;
• Prepare and lodge your visa application with the Immigration on your behalf;
• Prepare and lodge relevant submissions like condition waivers, requests for work rights and applications for visa requirement exemptions;
• Communicate with the Immigration on your behalf and handle any post-lodgement issues or requests for further information;
• Manage the application process on your behalf right through to finalisation;
• In complex and difficult cases where immigration or visa status or application is complex or critical or potentially at risk, an experienced Registered Migration Agent will make you understand your legal position, rights, options, and how to move forward;
• Advising on strategy in dealing with the Immigration or Minister for Immigration;
• Project managing and preparing written responses, submissions and applications to the Immigration or Minister for Immigration;
• Assistance with collection of evidence in support of applications or submissions;
• Write submissions when required to show ‘exceptional circumstances’ for the grant of their visa, or demonstrate they are exempt from certain criteria;
• Provide you with templates and instructions necessary to compile documentation that is used to support the application;
• Arrange for translation of any documents, if required;
• Ensure that all documentation for making a valid application, as set out in legislation, has been complied with the application;
• Monitor and track of your application; and
• There are so many visa subclasses. This makes it difficult to find your most suitable visa by yourself. A Registered Migration Agent will assess all your immigration options and ensure that you apply for the right visa in Australia.