The Act came into force on 22 March 2021.

How does this affect you?
 

I'm a legal practitioner who is not an RMA

If you hold an Australian legal practising certificate you can now legally provide immigration assistance and advice without the need for registration with the OMARA.

Legal practitioners new to this area must be aware that migration law is an extremely complex and constantly changing area of law.  The practice of migration law is subject to a complex set of legislative regulations and policy.  This is different to other forms of law where case law and precedent dominate practice. 

Because of this, it is imperative that legal practitioners interested in practising in this field first consider undertaking relevant CLE in immigration.  The MIA provides the Immigration Essentials™ for Lawyers program specifically for this purpose.

Impact on MIA membership

Already an MIA Affiliate member?
If you now meet the eligibility criteria for full membership contact us to discuss changing from Affiliate (non-voting) member to the Legal Practitioner membership category. There is no additional fee for the remainder of your membership year.

Not a member yet?

If you have a current Australian legal practising certificate you can apply to join Australia's leading association for migration professionals today as either an Affiliate or Legal Practitioner member, depending on the eligibility criteria. 

I'm a legal practitioner and an RMA

OMARA has set in place provision for restricted LPC holders to remain as registered migration agents for a limited period of time.

Impact on MIA membership

Already an MIA member?
If you are an Australian legal practice certificate holder and also held a MARN on 22 March 2021 when you are transferred out of the OMARA regulatory system your membership type will be changed from Commercial or Non Commercial RMA to Legal Practitioner membership category for the remainder of your membership year at no additional cost.

Not a member yet?
If you have a current MARN you can join Australia's leading association for migration professionals now as an RMA member.

I'm an RMA with an Unrestricted Practising Certificate

Schedule 1 of this Act specifies that it will become illegal for unrestricted legal practitioners to be an RMA from the earlier of, a date made by proclamation, or if this has not occurred, nine months after the day after the Act received Royal Assent (i.e. 23 March 2021).

The penalty for being an RMA while holding a UPC will be 100 x Commonwealth penalty units, which is currently equivalent to $21,000.00.

You may elect:

1. To be removed from the Register and continue to provide migration advice as a legal practitioner, OR
    
2. To give up your legal practising certificate and continue to practice as an RMA.

Each option will have personal and professional implications for you.  Lawyers who continue to hold a UPC will only be permitted to provide immigration advice and assistance from within a legal practice.  There may also be implications for your professional indemnity insurance and other professional obligations.

Complaints against legal practitioners in relation to immigration advice and assistance will be made to the relevant law society.

Impact on MIA membership

Already an MIA member?
If you are an Australian legal practice certificate holder who also held a MARN on 22 March 2021, when you are transferred out of the OMARA regulatory system your membership type will be changed from Commercial or Non Commercial RMA to Legal Practitioner membership category for the remainder of your membership year at no additional cost.

Not a member yet?
If you have a current MARN you can join Australia's leading association for migration professionals now as an RMA member. If you no longer hold a MARN but do have an Australian legal practising certificate you can join as either an Affiliate (non-voting) member or a Legal Practitioner member depending on meeting the eligibility criteria set in the MIA Rules.

I'm an RMA with a Restricted Practising Certificate

Legal practitioners with a Restricted Practising Certificate (RPC) who are also RMAs will have a two year period of grace in which to resolve their status, by either:

1. Undertaking supervised practice and obtaining a UPC and being removed from the OMARA register, OR
    
2. Giving up your RPC and continuing to provide immigration assistance as an RMA.

A further extension of two years may be granted by the OMARA on reasonable grounds to allow legal practitioners with an RPC to remain as RMAs while they undergo supervised practice towards obtaining a UPC.  Application for this extension is made to the OMARA, who will decide whether reasonable grounds exist to grant the extension.  To date maternity leave and ill heath are the only examples that have been provided as reasonable grounds for the extension.

Impact on MIA membership

Already an MIA member?
Your membership will continue for the remainder of your membership year as long as you continue to be registered with OMARA. When you relinquish your MARN, you can remain an MIA member as long as you hold a current legal practising certificate.

Eligible members who held a MARN on 22 March 2021 that has subsequently been relinquished will be transferred from RMA membership to Legal Practitioner category for the remainder of their membership year at no additional cost.

Not a member yet?
You can join Australia's leading association for migration professionals as a a Commercial or Non Commercial RMA member as long as you have a current MARN and meet our eligibility criteria.

Once you relinquish your MARN, you may be eligible for membership as an Affiliate Member or a Legal Practitioner member.

Find out more about MIA Membership for Registered Migration Agents.

What should you do next?

As the leading association for migration professionals, the MIA provides a number of complimentary services to members including:

• Notices of policy and legislative changes, as they happen
• Professional support on members' immigration matters from a team of highly experienced in-house RMAs and lawyers, and
• Exclusive member only events on trending issues or hot topics.

If you are seriously considering providing migration advice to clients or have been doing so for years, we can enhance the value of the services you provide.

The MIA is comprised of Australia’s most eminent registered migration agents and migration lawyers both in Australia and internationally.

► CLICK HERE to learn more about membership with the MIA 

Prepare yourself or organisation for working in this challenging and complex field.  Take advantage of our special offer available for a limited time only!

► CLICK HERE to learn more about Australia's leading immigration course for lawyers

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