Visa applicants often ask why they need an Accredited Immigration Law Specialist to prepare their visa application, and what additional advantages they stand to gain from doing so in preference to engaging a migration agent or taking the ‘do-it-yourself’ approach.
So what are the potential benefits, and what do those benefits mean for your prospects of success?
Australian law does not compel a visa applicant to obtain the services of an Australian immigration lawyer or migration agent. You are entitled to prepare and submit your own visa application without professional assistance.
Completion of a high-quality decision ready visa application requires much more than just going online and filling in forms. The application process is a potentially life-changing endeavour. Consequently, it makes good sense to engage an experienced migration law specialist Lawyer to advance your application.
Australian Visas – a Matter of Law
Obtaining your visa is a matter of law, so a full understanding of the law and how it applies to your circumstances is of vital importance in preparing and submitting a quality immigration visa application.
Australian immigration law is extremely complex, and it is continually evolving. Lawyers are often required to analyse, interpret and apply Australian legislation, case law and government policy on a daily basis. Australian immigration lawyers are skilled in working through this kind of complexity as a result of their legal training and experience.
In completing a visa application, particular questions and the answers provided to them can be of critical importance to the success of your application. So too is the type and quality of the documentation submitted in support of your visa application. Underpinning the Department of Immigration’s questions and documentary requirements is a set of laws that includes the Migration Act 1958 and Migration Regulations.
This legislative framework means that the type and quality of documentation provided to the Department of Immigration can sometimes make the difference between the grant or refusal of your visa application.
In many cases, it is not enough to simply rely on the Department’s ‘checklist’ of the supporting evidence it expects to be submitted along with your application. In some cases, professional advice not to include unnecessary documentation or ill-prepared documentation, in your application can have important relevance to the success or failure of your plan to locate to Australia.
Experienced Australian migration lawyers are able to provide you with clear advice as to what type of documentation should be submitted and aid you in the effective preparation and presentation of your documentation.
In Australia, a person who charges a fee for legal services must hold a current practicing certificate. These must be renewed each year. In order for a renewal of their practicing certificate to be renewed, Australian lawyers must be able to demonstrate that they;
- hold current compulsory professional indemnity insurance,
- have completed the required amount of Continued Professional Development (CPD) training, and
- have accurate audit records of any trust accounts held.
It’s important that you feel secure about the manner in which your visa application is handled. In the event that a migration service provider mishandles your case, or makes a mistake in preparing your visa application, you no doubt want the reassurance that comes from knowing you will be able to register a complaint and recoup any financial loss resulting from that mistake.
Given the high level of regulation that applies to Australian lawyers, there are numerous avenues available for you to lodge a complaint that would be thoroughly investigated by the regulating agency.
All Australian lawyers must abide by the directions of the Legal Profession Uniform Law Application Act 2014. Strict rules apply to the way in which an Australian lawyer is permitted to deal with any money you pay to them. Consequently, any misuse of money you have paid to an Australian lawyer would be thoroughly investigated.
If your money was found to have been misappropriated you could expect to be reimbursed by the Legal Practitioners Fidelity Fund for your financial loss. Furthermore, the way in which an Australian lawyer deals with your money is automatically subject to independent audit by an approved auditor. The rules serve to protect your funds from misappropriation.