3 Attributes of Top Immigration Lawyer
Are you currently searching for a migration lawyer but aren’t sure what to look for ro where to begin? Below we will guide you through the 3 most important factors you should consider before hiring a migration lawyer to ensure that you are making the best decision and using the right person for the job.
Hiring the right migration lawyer is an important and challenging decision that could make the difference between an approval and a refusal. This combined with the professional fees, the success rate and the experience means there is a lot to keep in mind when choosing a migration lawyer to manage your case.
We’ve made it easy for you and provided the 3 most important factors you should consider before engaging a migration lawyer.
What to consider when looking for Top Australian Migration Lawyers
COVID-19 showed us the importance of stability and resistance, particularly in a world of uncertainty. Few companies were protected against the risks and impacts of Covid-19 as many were ill-equipped to handle the volatility and instability introduced by the pandemic.
Different companies were affected in different ways, depending on their size, industry, target market and other related factors. Choosing the right migration lawyer based on the company for which they work is therefore our number one factor to consider in making this decision. Stability means the company can handle potential downturns in the market and seize upon opportunities for expansion.
You should aim for a stable and sizable company to manage your migration case, as they will be adequately resourced and equipped to prioritise your matter, even during periods of decline or economic instability. COVID-19 is a prime example of how swift and unexpectedly such an event can occur.
So how does this relate to you and your visa application? The global pandemic affected everyone so why would your situation be any different?
Well consider this.
You have engaged a small-size migration firm, which operates one office in one location with only a few employees and attracts most of their clientele through referrals or word of mouth. Due to the size of the company, it was not well equipped to deal with the economic effects of Covid-19 and experienced significant instability during this period, with many still recovering.
The company is preoccupied with the financial stability and overall viability of the business, leaving your application in the backlog until the company can recuperate. The loss of even one employee from a company this size would substantially reduce its labour power, while the size of its client base would most likely remain the same. The result is that smaller, less established companies are less crisis-resistant
By contrast, when you engage a larger organisation with multiple offices and staff members, you will not only have the benefit of one lawyer, but the entire office as colleagues tend to discuss their files and complications with each other. For example, you have a particularly difficult case that is not so straightforward and you are concerned that it is not easily resolved. One lawyer is unlikely to handle this alone and will certainly seek the assistance of his or her colleagues, that is, other lawyers.
At No Borders Migration, we have been operating for over 23 years with offices across Australia including Brisbane, Sydney, Melbourne, Adelaide and Cairns. We are well resourced and adequately equipped to prioritise your application, no matter the economic climate or surrounding environment.
Our advice is to therefore seek a company that is stable and well-established when choosing a migration lawyer.
2. Chose a Migration Lawyer
The difference in title may seem insignificant, however, a migration lawyer is a far more attractive option than someone who practices only in the capacity of a migration agent. While both may provide immigration advice and assist in lodging visa application, a migration agent must only complete a 12 month certificate or diploma to become registered, whereas a migration lawyer must first complete a law degree followed by practical legal training (formally known as articles) and admission as a solicitor.
An immigration lawyer is able to provide the same services as a migration agent, in addition to being able to extend further services to you in full legal representation in the courts, as well as providing you advice on other legal matters, relating to your immigration issues. Immigration lawyers have been trained particularly in statutory interpretation and legal reasoning, and is generally more experienced in dealing with complex and evolving legislation, procedural guidelines and parliamentary directives.
Migration law is an extremely important area of law in Australia, and one with profound legal implications for all individuals involved. This is why having the best legal advice and representation is critical to enhance your migration opportunities.
It is important to seek the services of a legally trained and experienced migration lawyer more than ever, especially in the climate climate with evolving legislation and new legislative instruments.
You are seeking a visa in an unprecedented era of global travel restrictions, new concessions and exemptions, changing legislation and different assessment standards. COVID-19 has introduced many changes to the migration regime and governing framework and you will want someone who is experienced and knowledgeable in interpreting and applying regulatory requirements, departmental policy and navigating the legislation pertaining to Australian migration.
As migration law is statute-based, meaning it is governed primarily by the legislation, hiring a migration consultant with a legal qualification will ensure that you are using a more qualified and suitable person for the job to secure a positive outcome. The level of knowledge and skills acquired through a law degree is incomparable to that of the migration agent qualification and a migration lawyer should therefore be your first choice when hiring a migration consultant.
3. Professional experience
The third and equally most important factor you should look for in a migration lawyer is experience. With experience comes knowledge and skill developed through practical experience and application, something which can only be acquired through years of accumulated experience and industry exposure. The more experienced your migration lawyer, the more likely it is that they have seen and handled matters similar to yours. An experienced migration lawyer is therefore better positioned to represent you as it will likely not be the first time that they have handled a matter similar to yours.
Be aware that with experience comes a higher price as you are paying more for the experience. With that in mind, price is a short term decision and value is a long term decision. You may only need one or two visas in your lifetime, so choosing a suitably experienced migration lawyer should be high on your priority list when making this decision. Immigrating is not something you want to do twice so it is vital that you get it right the first time round.
With experience comes knowledge so when you engage an experienced migration lawyer, you have access to the wealth of knowledge and practical application that they have spent many years accumulating. An experienced migration lawyer will know and understand how to present your particular matter to the Department or Administrative Appeals Tribunal and what is specifically being looked at when your case is being assessed.
It’s one thing to say you meet the criteria, but it’s another to know how this criteria is assessed. For example, if you are intending on lodging a partner visa and believe that you meet the criteria for approval, but do not substantiate your relationship correctly, it may be refused by the Department despite you actually being in a genuine de facto relationship. This is because the Department like to see your relationship presented in a certain way and are very specific about the types of documents that are used to corroborate your relationship.
An experienced migration lawyer will know which aspects of the relationship need to be demonstrated, how to word your statements and what must be included with your application in order to establish your relationship. They will also know that the partner visa is one of the most heavily scrutinised visas within the Australian migration regime, hence the importance of ensuring that you present your relationship properly and in accordance with departmental standards.
These are 3 of the most important factors you should consider before choosing a migration lawyer and what you should always keep in mind when navigating the Australian migration system.
If you are still searching for a migration lawyer or are not sure where to begin, contact No Borders Migration for a free initial consultation and get to know one of our migration lawyers.
Need help with getting Australian Visas?
NO BORDERS: #1 TRUSTED MIGRATION AGENTS
Email: [email protected]
Tel: +61 (07) 3876 4000
We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].
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