Can a non-lawyer registered with OMARA lodge my visa?

Yes. Someone registered with OMARA can prepare and lodge visa applications, advise on visa matters and represent clients at the Administrative Review Tribunal. Registration requires a course prescribed under section 289A of the Migration Act 1958 (Cth) and a prescribed examination. That person is not a lawyer and cannot act for a client in court.

Does an immigration lawyer also need to register with OMARA?

No. Since 22 March 2021, a lawyer with an unrestricted practising certificate cannot be registered with OMARA and gives immigration assistance as part of legal practice instead.

Can a non-lawyer adviser represent me in the Federal Circuit and Family Court?

No. Acting for a client in court is legal practice. An adviser registered with OMARA can represent a client at the Administrative Review Tribunal, but court proceedings need a lawyer, or the person can represent themselves.

Can a friend help me with my visa application for free?

Sometimes. Section 280 of the Migration Act 1958 (Cth) lets a close family member, a sponsor or nominator, and certain other people give immigration assistance free of charge. For paid help, use an Australian migration lawyer.

What number goes on Form 956?

Form 956 appoints your lawyer (or another authorised adviser) to act for you. A lawyer is identified by a 7-digit Legal Practitioner Number (LPN); a non-lawyer adviser by a 7-digit OMARA registration number.

Immigration Lawyer vs Migration Agent

An immigration lawyer is an Australian legal practitioner regulated by a state or territory legal regulator. What people call a "migration agent" is a non-lawyer registered with OMARA, the registration body within the Department of Home Affairs, under Part 3 of the Migration Act 1958 (Cth). Both can lawfully charge for visa help and both can represent clients at the Administrative Review Tribunal (ART), but only a lawyer can act for a client in court. For that reason, an Australian migration lawyer is the safer choice for a visa application or review.

Before appointing a lawyer, check their practising certificate on the public register kept in their state. The lawyer is then appointed on Form 956, which you sign. The ranked Immigration Lawyers in Australia page compares law firms by city.

A note on unregistered agents. Section 280 of the Migration Act 1958 (Cth) makes it illegal for an unregistered agent to give immigration assistance. Such agents hold no professional indemnity insurance, so when their error causes a refused visa, wasted fees or a lost pathway, there is no insurer to recover the loss from. Every practising Australian lawyer is required to hold that insurance.

How does an immigration lawyer differ from a non-lawyer adviser?

The difference is the qualification, the regulator and the scope of work. The table compares the two as at September 2026.

Feature	Immigration lawyer	Non-lawyer adviser registered with OMARA
Legal status	Australian legal practitioner: holds a restricted or unrestricted practising certificate granted under state or territory law	Listed on the OMARA register under section 287 of the Migration Act
Qualification	Law degree, practical legal training, admission to the legal profession, then a practising certificate	A course prescribed under section 289A (Australian migration law) and a prescribed examination
Regulator	The law society or legal services regulator in the lawyer's state or territory	OMARA, within the Department of Home Affairs
Conduct rules	State professional conduct rules for solicitors	A code of conduct made under the Migration Act in 2021
Fee paperwork	Written costs disclosure under state legal profession law	Written service agreement signed by the client
Visa applications and advice	Yes	Yes
ART representation	Yes	Yes
Court representation (judicial review)	Yes	No
Other legal work (criminal, family, employment)	Yes, within the lawyer's practice	No
Complaints go to	The state or territory legal regulator	OMARA
Number on Form 956	Legal Practitioner Number (LPN)	OMARA registration number

Who is allowed to give immigration assistance?

Section 280 of the Migration Act 1958 (Cth) makes it an offence to give immigration assistance without being registered with OMARA, unless an exception applies. The main exceptions are:

an Australian legal practitioner giving assistance in connection with legal practice (section 280(3));
a close family member of the applicant;
the person sponsoring or nominating the applicant;
a parliamentarian or a government official acting in their role;
members of diplomatic missions, consular posts and certain international organisations.

Charging is narrower. Under section 281, only an Australian legal practitioner or someone registered with OMARA can ask for or receive a fee for immigration assistance; for anyone else, the maximum penalty is 10 years' imprisonment.

Do lawyers still need to register with OMARA?

No. Dual registration ended on 22 March 2021. Under section 289B of the Migration Act, a lawyer with an unrestricted practising certificate must not be registered with OMARA, and OMARA must cancel the registration of a registered person who becomes one.

When the lawyer holds a restricted practising certificate

A restricted certificate usually applies to newly admitted lawyers who must practise under supervision. Home Affairs treats any practising certificate holder, restricted or unrestricted, as a legal practitioner who can give immigration assistance in connection with legal practice. A restricted practitioner can also be registered with OMARA, but only while eligible under sections 278A and 333C of the Act.

When a firm employs both

Some firms employ lawyers alongside non-lawyer advisers registered with OMARA. Form 956 records whether the appointed person acts as a legal practitioner (with an LPN) or under OMARA registration, so the form shows which set of rules and which complaints body applies. If you want a lawyer acting, check that the Form 956 names a legal practitioner.

How much does each cost?

Immigration lawyers and non-lawyer advisers both commonly charge fixed professional fees for standard visa applications, typically from around $2,000 to $8,000 depending on the visa, plus government charges. Neither has a set fee scale, and fees depend on the practitioner and the complexity of the case more than on the title.

Cost item	Immigration lawyer	Non-lawyer adviser registered with OMARA
Hourly rate (indicative)	Around $250 to $600 plus GST	Varies; many work on fixed fees
Standard visa application (indicative)	Fixed fee, around $2,000 to $8,000	Fixed fee in a similar range
ART review (indicative)	Around $3,000 to $10,000	Similar range
Judicial review	Around $10,000 to $40,000+, often with barrister fees	Not available
Visa application charge	Set by Home Affairs, the same for both	Set by Home Affairs, the same for both
ART application fee, most migration decisions	$3,727 as at September 2026	$3,727 as at September 2026

The fee terms must be in writing in both cases. A lawyer's costs disclosure must explain how costs are calculated. A non-lawyer adviser's service agreement must be signed by the client and state the work covered, the fees and disbursements, and the adviser's OMARA registration number, and it must confirm that the client received OMARA's consumer guide.

Why choose an Australian migration lawyer?

A lawyer can stay with a visa matter at every stage, while a non-lawyer adviser stops at the ART. The practical differences are:

Court. If the ART decision contains a legal error, only a lawyer can take it to the Federal Circuit and Family Court of Australia, and judicial review must be sought within 35 days of the ART decision.
Linked legal problems. A character cancellation tied to criminal charges, a partner visa affected by a family law dispute, or an employer sponsorship that raises employment law issues needs advice across both areas of law.
Privilege. Communications with a lawyer can attract legal professional privilege.

A visa application or review is more likely to succeed when an Australian migration lawyer prepares it: one missed criterion can lead to a refusal, and review deadlines are short and cannot be extended.

Questions to ask a migration lawyer

What is your practising certificate number, and can I check it on the public register?
Who will do the work on my file, and who signs the Form 956?
Is the fee fixed, and what government charges are extra?
What happens if the visa is refused, and do you handle ART reviews and judicial review?