Frequently Asked Questions

How do I obtain a visa to migrate to Australia?

You need to make a valid application to the Department of Immigration and Citizenship (DIAC) for an appropriate visa. DIAC will assess your application against the requirements of the Migration Act, Migration Regulations and Policies to determine if you meet the necessary criteria. There are many different types of visa available. You should seek advice as to whether you are eligible.

Why should I get assistance with my Australian Visa application?

Emigrating from your current country of residence and migrating to Australia is one of the most important life steps you can take. We believe that when applying for a visa to Australia it is extremely important to get it right the first time. The reasons for this are:

• Visa Application fees can be expensive and these fees will NOT BE REFUNDED to you by the Australian Government if your application is unsuccessful;
• If your visa application is refused, this will usually result in lost time, mental and emotional anguish;
• You may not be legally entitled to lodge an appeal because under Australian law, not every refused applicant is legally entitled to appeal;
• Appealing a rejected visa application can be expensive and time consuming;
• It can be difficult to correct mistakes; and
• A refusal of a visa application or cancellation of a visa may affect future visa applications and if you are in Australia, you may be forced to leave.

Is anyone allowed to give me migration advice?

No, not everyone is allowed to provide migration advice and assistance. A person giving migration advice must be a Registered Migration Agent with the Migration Agents Registration Authority.
Not only does Rothstein Lawyers provide professional migration advice as provided by Registered Migration Agents, but as Lawyers we add a legal perspective to advice, applications and appeals.

Do I need to get assistance to apply for an Australian Visa?

No. You do not have to get assistance when applying for an Australian visa. You can do it yourself but you must make sure you are up-to-date with Australian migration law. However, it is  recommended that you seek professional assistance.

Professional assistance can be obtained either through a Registered Migration Agent or through the services of a Lawyer who is also a Registered Migration Agent (also sometimes referred to as a Migration Lawyer, Immigration Lawyer or Immigration Attorney).

Why should I pay for assistance?

As the saying goes: “you get what you pay for”.  Use of a Migration Agent cannot guarantee success but a competent agent should give you your best prospect of success.

Why should I use a Lawyer specialising in migration law?

The benefits of using a Lawyer who is registered as a Migration Agent include:

• Education and qualifications – a Lawyer is required to hold a law degree from a recognised university;
• The legal profession is tightly regulated and Lawyers are supervised by both the Supreme Court and the relevant governing body of Lawyers in each jurisdiction;
• Advice from a Lawyer provides you with the benefit of broad legal experience, as well as additional education and ongoing accreditation courses, which ensure that the complexities of Australian migration law are fully understood by your adviser; 
• Your application and related matters, especially in Appeals, may be protected by professional privilege;
• Only a Lawyer can represent you in an appeal to the Australian Courts which have jurisdiction to deal with Migration appeals
• By using the services of a Lawyer who is registered as a Migration Agent you receive the benefit of being guided by a professional who understands what is a complex and continually evolving area of law.

Can I use a Lawyer who is not a registered Migration Agent for Migration advice?

No. Only a Lawyer who is also a Registered Migration Agent can provide migration advice. Before consulting anyone for Migration advice we strongly recommend that you check the register of Migration Agents on the Office of the Migration Agents Registration Authority website.

Can Rothstein Lawyers help me find a sponsor or employer?

No. We do not help people find employers. However once you have found an employer we can assist you with an employer sponsored visa such as the Subclass 457 Visa or the Regional Sponsored Migration Scheme Visa. We can also assist you with applying for regional certification (including for Perth and other West Australian regions) should you require this

Can Rothstein Lawyers help my business sponsor an overseas worker to work in Australia?

As specialist immigration and employment lawyers can advise businesses, both Australian and overseas, on how to sponsor overseas workers to work in Australia. We can advise businesses on how to sponsor people for both temporary and permanent residence visas.

Do you take on all migration cases?

No. Generally we will not proceed with an application or appeal unless we believe that the application/appeal has a reasonable prospect of success. If we don’t think your application has any prospect of success, we will tell you.

Can Rothstein Lawyers help people emigrate from any country in the World to Australia?

Yes. The immigration lawyers at Rothstein Lawyers have experience in helping people emigrate from countries around the world to Australia. We regularly help people migrate to Australia from countries such as South Africa, Zimbabwe, Kenya, Burma (Myanmar), Uganda, Vietnam, United Kingdom, Ireland, United States of America, Indonesia, Malaysia, China, Chile, Namibia, Singapore, Romania, France and many others. 

Rothstein Lawyers is located in Perth, Western Australia – can you help me migrate to Sydney or Melbourne?

Yes. We can assist you no matter where in the world you are from or where in Australia you want to migrate to.

I can't attend your Perth or Joondalup office, how can I get advice from you?

You should send us an email using our Contact Page on this website providing your contact details and setting out what assistance you require. We will then send you instructions by email on how we can help you and how to retain our services.

Do you guarantee success?

No. Please note that all Migration Lawyers / Migration Agents are required to comply with the Migration Agents Code of Conduct published by the Migration Agents Registration Authority. The Code of Conduct strictly prohibits all Registered Migration Agents from providing you with that guarantee.