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How to Choose an Immigration Lawyer or Consultant (and Avoid Visa Scams)

How to check that an immigration lawyer, consultant or agent is licensed in the US, Canada, UK or Australia, plus the red flags of common visa scams.

By StudyImmigration Editorial Team · Updated · 7 min read

The safest way to choose an immigration lawyer or consultant is to check their licence on the official government or regulator register before you pay anything. Each of the four main immigration countries limits who can give paid immigration advice: licensed attorneys and accredited representatives in the US, RCICs and lawyers in Canada, IAA-registered advisers and solicitors in the UK, and registered migration agents and lawyers in Australia.

Key points

  • Anyone charging you for immigration advice must be licensed in the country whose visa you want. Search their name on the official register, not just their number.
  • No one can guarantee a visa, “buy” a faster decision or get you a job offer for a fee.
  • Governments do not take visa fees through personal bank accounts, gift cards or money transfer apps.
  • Never sign blank forms, leave your passport with a representative, or let anyone add false information.
  • Australia announced in September 2026 that it will change the code of conduct for migration agents so those who encourage non-genuine claims can be sanctioned or deregistered.

Who is allowed to give immigration advice

CountryWho can charge for adviceWhere to check
United StatesAttorneys in good standing with a US state or DC bar; DOJ-accredited representatives working for a recognised organisationState bar directory; DOJ EOIR list of recognised organisations and accredited representatives; DOJ list of disciplined practitioners
CanadaMembers of the College of Immigration and Citizenship Consultants (RCICs); lawyers in a provincial or territorial law society; Quebec notaries; Ontario paralegalsCICC register at college-ic.ca; law society directories; Chambre des notaires du Québec
United KingdomAdvisers registered with the Immigration Advice Authority (IAA, formerly OISC); solicitors; barristersIAA Adviser Finder; Law Society directories; Bar Council Direct Access
AustraliaRegistered migration agents; Australian legal practitioners; certain exempt peopleOMARA register of migration agents; state or territory law society

Sources: USCIS, IRCC, GOV.UK, Home Affairs.

The licence must match the country of the visa. A consultant licensed in Canada is not authorised to give paid advice on a UK or Australian visa, even if their website lists every country.

United States: attorneys and accredited representatives only

USCIS allows only these people to represent you:

  • Attorneys who are members in good standing of a US state, territory or DC bar and are not disbarred or restricted.
  • Accredited representatives under the Department of Justice’s Executive Office for Immigration Review (EOIR), who work for a recognised organisation on DOJ’s list. Many are at non-profits and charge low or no fees.
  • Foreign attorneys, but only for matters outside the US.
  • Law students and graduates, only under supervision.

How to check:

  1. Ask for the attorney’s current licence, then confirm it with the state bar that issued it.
  2. Search DOJ’s lists of accredited representatives and of disciplined practitioners.
  3. Make sure your representative files Form G-28 with your case, and that you sign it. A representative who will not put their name on the form is a warning sign.

The “notario” scam. In some countries a notario is a qualified lawyer. In the US, a notary public is not a lawyer and cannot give immigration advice. USCIS lists “notarios públicos” among the most common scams.

Canada: RCICs, lawyers and Quebec notaries

If you pay someone to help with a Canadian application, they must be authorised. IRCC lists:

  • Immigration and citizenship consultants who are members of the College of Immigration and Citizenship Consultants (CICC). Search the “find an immigration consultant” register at college-ic.ca.
  • Lawyers who are members of a Canadian provincial or territorial law society. Most law societies have an online directory.
  • Notaries who are members of the Chambre des notaires du Québec.
  • Paralegals who are members of the Law Society of Ontario.

IRCC’s warnings are blunt. If you use an unauthorised paid representative, IRCC “may return your application or refuse it”. Using a representative will not draw special attention to your application or guarantee approval. IRCC will never ask you to deposit money into a personal bank account or use a private money transfer company.

Unpaid helpers, such as family members, friends and non-profit organisations, do not need to be authorised, but they cannot charge you.

United Kingdom: IAA advisers, solicitors and barristers

The Office of the Immigration Services Commissioner (OISC) became the Immigration Advice Authority (IAA) on 16 January 2025. Existing registrations carried over.

GOV.UK says all immigration advisers must be registered with the IAA or be a member of an approved professional body. You can check:

  • The IAA Adviser Finder for registered advisers. Registration is at levels, and an adviser may only work at the level and in the categories they are registered for.
  • The Law Society of England and Wales, Scotland or Northern Ireland for solicitors.
  • The Bar Council (Direct Access), Faculty of Advocates or Bar of Northern Ireland for barristers.
  • The published list of people banned from acting as immigration advisers.

GOV.UK also warns: “You cannot get your money back if an adviser is not regulated.”

Australia: registered migration agents and lawyers

Home Affairs says anyone you appoint to give immigration assistance must be a registered migration agent, a legal practitioner or an exempt person.

To check a migration agent:

  1. Search the OMARA register (Office of the Migration Agents Registration Authority) by name, not only by Migration Agent Registration Number (MARN).
  2. Confirm the registration status is current, and that the name and business match the person you are dealing with. Some scammers quote a real MARN that belongs to someone else.
  3. For lawyers, check the law society in their state or territory.

Planned crackdown. On 17 September 2026, Home Affairs Minister Tony Burke said the government will change the code of conduct for migration agents so that agents who encourage non-meritorious claims “will be able to be sanctioned and will be able to be deregistered” (speech transcript). As of October 2026, no start date has been published.

Education agents are different. Many students use education agents to apply to universities. An education agent is not automatically allowed to give visa advice. If they help with your visa, check that they are also a registered migration agent.

Red flags of an immigration scam

Walk away if a person or website:

  • Guarantees approval or claims special contacts inside the immigration department.
  • Sells job offers, LMIAs, sponsorship or “guaranteed” work permits. Paying for a job offer can be illegal and can lead to refusal.
  • Asks for payment by gift card, cryptocurrency, money transfer apps or into a personal account. USCIS says it does not accept Western Union, MoneyGram, PayPal, Venmo or gift cards, and “will never ask you to pay fees to a person on the phone or by email” (USCIS common scams).
  • Charges for free government forms, or for entering a free lottery such as the US Diversity Visa. See our DV lottery status and scam warnings.
  • Tells you to lie or leave out refusals, criminal history or past overstays. You, not the adviser, carry the consequences, which can include bans.
  • Will not give a written contract, a receipt or their licence number.
  • Keeps your passport or original documents.
  • Uses a website that looks official but is not a government domain. Real sites end in .gov (US), canada.ca or gc.ca, gov.uk, and gov.au. Lookalike sites often overcharge for things such as the UK ETA; see our UK ETA guide.
  • Contacts you first by phone, WhatsApp or social media saying there is a problem with your file and you must pay now.

Questions to ask before you hire anyone

  1. What is your licence or registration number, and which regulator issued it?
  2. Will your name appear on my application as my representative?
  3. What exactly is included in the fee, and what costs extra? Can I have this in a written contract?
  4. Have you handled cases like mine (for example, a previous refusal)?
  5. Who will actually prepare my file: you or an unlicensed assistant?
  6. How will you communicate with me, and how quickly?
  7. What is your refund policy if you do not complete the work?

If you have been scammed

  • Stop paying and keep every receipt, message and contract.
  • Report the representative to the regulator: the state bar or DOJ EOIR (US), the CICC or law society (Canada), the IAA, SRA or Bar Standards Board (UK), or OMARA or the law society (Australia).
  • Tell the immigration department if false information was submitted in your name. Correcting it early is usually better than waiting.
  • Report fraud to police or national consumer and fraud agencies.
  • Get independent advice from a different licensed professional or a legal aid organisation.

What to do next

  1. Read the official guide for your visa first. Most information you are being sold is free on government sites. Our country hubs link to them: US, Canada, UK and Australia.
  2. If you need help, search the official register for at least two licensed professionals and compare written quotes.
  3. Keep copies of everything you submit, and log into your own government account so you can see what was filed.
  4. Check /updates/ for changes to adviser rules, including Australia’s planned migration agent reforms.
  5. For a sense of which routes fit your profile before you pay for a consultation, read our comparison of the easiest countries to immigrate to.

This article is general information, not legal advice. Regulator names and rules are as of October 2026.

Frequently asked questions

How do I check if an immigration consultant is licensed?

Search the official register for the country. In Canada, consultants must be members of the College of Immigration and Citizenship Consultants. In the UK, advisers must be registered with the Immigration Advice Authority or be regulated solicitors or barristers. In Australia, check the OMARA register for registered migration agents. In the US, only licensed attorneys and DOJ-accredited representatives can give immigration legal advice.

Can a notary help with my US immigration case?

No. USCIS says notary publics in the US are not attorneys and cannot represent you in immigration matters. The word 'notario' means a lawyer in some countries, which is why this scam is common.

Can a representative guarantee my visa will be approved?

No. Only the government decides. IRCC states that using a representative will not draw special attention to your application or guarantee approval. A guarantee of success is a major red flag.

Do I have to use a lawyer or consultant?

No. In all four countries you can apply yourself, and government forms and guides are free. A licensed professional can help with complex cases such as past refusals, criminal records or overstays.

What happens if I use an unlicensed paid representative?

It can hurt your case. IRCC says it may return or refuse an application that uses an unauthorized paid representative, and GOV.UK warns you cannot get your money back if an adviser is not regulated.

Sources

Immigration rules change often. This article is general information, not legal advice. Check the official government website or speak to a licensed immigration lawyer before you apply. Spotted something out of date? Tell the community .

Cite this page

StudyImmigration. (October 11, 2026). How to Choose an Immigration Lawyer or Consultant (and Avoid Visa Scams). https://studyimmigration.com/blog/immigration-consultant-scams-how-to-choose/

Journalists and researchers are welcome to quote and link our work with attribution. See our press page .

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