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When you need a migration adviser — and when you don't

For the ordinary journey an adviser is not compulsory, and the organising you can do yourself. But there are situations in which you bring one in without hesitation. The honest distinction, plus how to recognise a registered adviser.

4 min read

Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.

For an Australian skilled visa a migration adviser is not compulsory. You lodge yourself through ImmiAccount, your online account with Home Affairs. Home Affairs treats your own application no differently from one through an agent.

The title, however, is protected by law. Whoever gives immigration assistance (help with a visa application) for a fee must be registered in Australia as a registered migration agent. Otherwise they risk up to ten years in prison.

This article sits on a site that sells a do-it-yourself tool, and that is exactly why it belongs here: there are situations in which you need an adviser.

What is an adviser, and what not?

What a good adviser delivers is judgement in borderline cases, not a head start at Home Affairs. Most of an emigration track is, moreover, not advice but organisation: knowing which steps there are, in which order, with which deadlines. That is precisely what Vertrekklaar does. But we do not judge whether your application stands a chance, and that is as it should be. In Australia that judgement is reserved for those registered for it, or for an Australian legal practitioner.

When is doing it yourself enough?

If you recognise yourself in this, an adviser for the whole track is usually unnecessary:

  • your occupation is clearly on the list;
  • your tasks match the description;
  • your points score is well above the practical threshold;
  • your work history is neatly documented;
  • you have no sensitive history.

An Expression of Interest in SkillSelect, the registration with which you compete for an invitation, does not even ask for documents. You fill in your details and upload nothing. Then the track consists of careful gathering, applying on time and lodging complete. That is work you can do yourself with overview and discipline.

Rather have everything for Australia on one list?

Then we'll send you the departure checklist for Australia, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

When do you hire one?

There are signals at which you should not muddle through but buy advice, preferably for a single question rather than the whole track:

  • An earlier refusal or visa cancellation, anywhere in the world. This weighs heavily and calls for someone who knows how to address it.
  • A criminal record or a sensitive medical situation in the family. The character and health tests (the check on your conduct and past, and the medical check) have nuances you do not get from a website.
  • An occupation that just does not fit the task description, or experience your assessing authority counts differently than you do. One advisory conversation before you spend thousands of euros on assessments is then money well spent.
  • A score on the edge, where one wrong claim is the difference between an invitation and a wasted chance.

How do you recognise a real one?

The Migration Act 1958, the Australian migration law, settles it in three sections:

  • Whoever is not a registered migration agent may not give immigration assistance (section 280).
  • They certainly may not ask money for it (section 281). Only an Australian legal practitioner is exempt.
  • A registered agent is only entitled to payment once he gives you a statement of services listing each service and its charge (section 313). If you pay without such a statement, you can recover the amount.
Rule (Migration Act 1958) Content
Section 280 immigration assistance only by a registered migration agent (or an Australian legal practitioner); penalty 60 penalty units
Section 281 asking money for immigration assistance without registration: up to 10 years' imprisonment
Section 287 public register with name, address, registration date, suspensions and cautions
Section 313 without a statement of services (each service with its charge) no entitlement to payment

The register is public at the OMARA, the regulator: it shows per agent the name, business address, most recent registration date and any suspensions and cautions. Look up the name before you pay anything.

Ask for the statement of services and costs in advance, and in writing. Without it, the law gives a registered agent no entitlement to payment. An "adviser" who makes difficulties about that, or who is not on the register, has disqualified himself.

So buy per component. One advisory conversation at the right moment costs a fraction of outsourcing a whole track, and the organising work is the part you can do yourself.

In Vertrekklaar this is phase 4 of 5 of the journey, step 4.5: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Australia or go straight to step 4.5 in the open plan.

Want to know more about this?

Then we'll send you the departure checklist for Australia, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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