Can my mate help me fill out my visa forms for free?

The situation

I am currently living in Melbourne, Victoria, and I am trying to sort out my partner's visa situation. My partner's current visa is set to expire in about three months, specifically on the 15th of November. A close friend of mine, who has lived in Australia for ten years and seems to know exactly how the system works, offered to help us out. He said he could sit down with us this weekend to go through all the paperwork, help us organise the documents, and give us some advice on what to write in the application to make sure it goes through smoothly. He isn't charging us any money at all; he just wants to be helpful because he's been through the process himself. I have already looked at the official government website and downloaded the forms, but they are quite confusing. I am worried because I heard someone mention that you aren't allowed to give certain types of help unless you are a registered professional. I am unsure if my friend is breaking any rules by helping us prepare the application and giving us advice on how to fill it in, even if he is doing it as a favour for free.

Detailed Analysis

Under the Migration Act 1958, providing 'immigration assistance' is a regulated activity. A person gives immigration assistance if they use their "knowledge of, or experience in, migration procedure to assist a visa applicant" by "preparing, or helping to prepare, the visa application" or "advising the visa applicant... about the visa application"^[1].

In your situation, your friend's offer to "give us some advice on what to write in the application to make sure it goes through smoothly" falls directly into the category of advising a visa applicant^[1]. Because he is using his ten years of experience to guide your writing, he is likely providing immigration assistance.

Generally, a person who is not a registered migration agent "must not give immigration assistance"^[2]. However, there are specific exceptions. For example, a person is not giving immigration assistance if they "merely: (a) does clerical work to prepare (or help prepare) an application or other document"^[1]. This means if your friend simply helps you type up information or organize papers without giving advice, he is likely safe.

Additionally, the law provides exceptions for certain people. A "close family member of a person" is permitted to give immigration assistance^[2]. Since you described him as a "close friend" rather than a family member, this exception likely does not apply.

If your friend provides advice on the content of the application to ensure success, he could be breaking the law, even if he does not charge you any money. While Section 280(5) allows some individuals to provide assistance if it is not for a fee, this is specifically limited to certain types of requests to the Minister, not general visa applications^[2].

State, provincial, or local laws may add further rules regarding professional services; you should check Victorian consumer law or local regulations.

Statutory Citations

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