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Immigration Advice

Immigration Advice

For a person who is considering immigrating to Australia, it is very important to obtain suitable advice. Although there are several agencies which have sprung up to assist a person to migrate to Australia, it should be kept in mind that self service is the best service and the most reliable information can be obtained from the Australian government, namely the official website of the Australian Department of Immigration.

Laws Governing Immigration Advice

While the most reliable source of immigration assistance is the Australian Department of Immigration’s official website, there are several agencies that specialize in this as well. However, one should be careful about paying money and taking assistance from such agencies. A lesser-known fact about such agencies is that all of them do not have formal qualifications. Furthermore, it is illegal to give immigration advice without formal qualifications. If it is proved that an individual or agency has given immigration advice even without charging a fee, a fine of up to $6,600 can be imposed and/or imprisonment up to 10 years.

Examples of Immigration Assistance

Immigration assistance is considered to have been given if:

  • Help is given for the preparation of a visa application
  • The applicant is advised regarding the application
  • Assistance is given with respect to preparing a document for sponsorship or if the sponsor is given advice
  • A person other than a lawyer offers assistance for preparation for court proceedings or a review under activities such as a Migration or Refugee Review or an Administrative Appeals Tribunal
  • Help is offered for preparation of a request to a minister with regard to applying powers under the migration act

Activities not considered as Immigration Assistance

  • Clerical work including but not limited to document typing, writing, translating, photocopying, or collating
  • Visa fees payment
  • Application lodging
  • Application or document mailing or emailing
  • Merely informing a person that they have to apply for a visa
  • Giving information obtained from a third person but without undue elaboration of the information thus rendered

Exempt Individuals

There are a few individuals who are permitted to give immigration assistance even if they are not officially registered such as:

  • Direct family members on the condition that they do not collect a fee
  • The sponsor or nominator of the applicant
  • Members of international organizations and diplomats or consuls
  • An Australian member of parliament
  • A government official who offers assistance in the line of duty
  • An employer who offers assistance to an employee under specific conditions
  • An individual who is assisting the Minister for exercising power under the various sections

Authority for giving immigration advice is given by the Migration Agents Registration Authority (MARA).

Types Of Visas

Immigration Info

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