I will start with quoting Jerry Seinfeld’s definition of a lawyer, that is ‘The person that knows the rules of the country’ and ‘has read the top of the box’. So, an immigration lawyer is the one that knows the rules to keep you inside or outside of the country. Generally, the preference is that one wishes to remain in the country that they migrated to. However, without reading the rules and applying them in the right way, should I stay or should I go becomes less of a question and more of a short stay in immigration detention before being escorted to the next flight home.
Ultimately, that is the most dramatic outcome but the point of having an immigration lawyer is that you can properly navigate the landscape of the Migration Act 1958 and its associated regulations, policy, legislative instruments, and decision-making criteria. This collection of rules is complex and is updated regularly without notice. So, one day you may be eligible for a visa or citizenship, and the next the rules of the game have changed.
That is why immigration lawyers exist. To read the instructions and help you win the game.
Considering that usually migration to a new country is a life changing decision for most individuals that travel to Australia, hiring someone to get it right the first time is future proofing the investment in yourself. But what does ‘get it right the first time’ look like?
Well, this is where the rules of the game move into a choose your own adventure situation. That is because like most things in our lives there is no one size fits all solution. The reason for this is that everyone’s path is different. You may be travelling to Australia as a skilled migrant for example. Just for skilled migrants, there are at least 6 different visa types that could be a possible pathway for you. Each of those visas have different criteria and require you to take different steps prior to your application. Yes, you can check online and undertake some research into your options because that is what we all absolutely do now prior to making any decision, but you it is very unlikely that you will be provided with all the intricacies on timing of when certain steps should be taken or whether you will be required to live in a regional area for 3 years. Unfortunately, not having this information does not allow you to make an informed decision.
That is where an immigration lawyer can provide you with a realistic pathway as to what your passage to Australia could be. Ideally, this advice will provide you with an overview of the options that may be considered and make a recommendation on the steps you need to take, for you. Essentially, you would have someone telling you the rules of the game so that your chances of success are more likely.
If you would like the chance at owning Mayfair (see, Monopoly boardgame) and not chancing the immigration detention outcome, you may wish to come talk to us for Passage Advice.
See: https://www.passagemigration.consulting/passage-advice
Otherwise, enjoy the game, be happy and travel safely!
Rachael is our Legal Practice Director, Youtube Host and Creator of Passage Migration Consulting.
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