- “He who acts for himself has a fool for a client” – it is impossible to be objective when acting for yourself, because your emotional connection to the outcome will affect how you communicate.
- If you say something inconsistent with your application or contravene some other visa requirement, you will jeopardize your visa application. So, direct communication with the Department is to be avoided!
- The rules are increasingly strict and it takes years to become familiar. You would get a builder to build your house and a mechanic to fix your car, so you should get an experienced migration lawyer to apply for your visa for the same reasons!
- Anything you say to a lawyer is privileged and does not have to be disclosed (if you engage a migration agent, then they have to disclose all information and documentation to the Department irrespective of how harmful it is).
- Applications lodged by reputable professionals get processed more quickly and with less vigour, than DIY applications.
- Reputable migration lawyers develop a relationship with the Department, which helps to ensure warnings are given before an adverse decision is made. It also helps secure extensions (when needed) and guidance on what the relevant government officer will accept as ‘good’ evidence.
- If you act for yourself, the Immigration Officer will be talking directly to you, without you having the opportunity to filter or consider your answers, and without the opportunity to cross reference your answers to ensure everything is objective and consistent with the visa requirements and any evidence already submitted.
- People who represent themselves are usually emotional, frustrated and stressed when dealing with their visa application, and cannot resist venting that frustration at the government officer who is processing the application. It never pays to upset the decision-maker, and if you do, this then leads to more requests for information than would otherwise be the case, increasing the risk of refusal.
- The migration laws are a complex minefield, and you need someone who stays abreast of the frequent changes in law and policy.
- The Immigration Department often request further information and documentation that is impossible to find, or awkward to provide. An experienced migration lawyer knows how to find alternative solutions, and how to extend the time within which to provide same. The reality is that even apparently simple applications require the ability to handle complications, within strict time frames, correctly, or the visa application will be refused. You are not trained to deal with this and you need someone who is.
- If your application is rejected (government officers do make errors and the refusal rate exceeds 50% of all applications lodged), then:
- you will have lost significant time waiting for the decision.
- You potentially face restrictions on your ability to apply again.
- The application will be difficult to fix on Appeal or Review, because it has not been set up in the same way that a lawyer would set it up.
- Then, there are the other obstacles to effective communication with the immigration department:
- English is not the primary language of most visa applicants.
- Most applicants have little or no experience in visa matters or our Migration Act.
- Most applicants have no professional training in law, or in dealing with government bodies, or in how to set up an application so that you have a right to Appeal an incorrect decision.
If you have an interest in applying for a visa, or require any other immigration assistance, please do not hesitate to contact us at mail@themigrationplace.com or by phone on +61 7 3229 4025. Our experienced and knowledgeable migration solicitors, who are also registered migration agents, would be happy to help.