Immigration Lawyer vs Consultant – Key Differences Explained

Immigration is the process of crossing borders from one’s home country to one or more foreign countries for a variety of activities, such as employment, education, family reunion, or permanent residence. Each year, thousands of people in India migrate abroad as a result of receiving an offer of employment, accepting an offer of admission to an institution of higher learning, seeking opportunities for business, or joining family members. The overall process of immigration involves a number of legal and procedural steps that require adherence to laws of multiple countries, and consist of areas including obtaining visas, fulfilling eligibility criteria, assembling necessary documents, and meeting other requirements set out by the foreign country, including, in some instances speaking with an immigration officer in a hearing or an interview.

Many people are uncertain of which professional to engage. Choosing the wrong professional may result in wasting time, losing a great sum of money as well, and possibly your visa being declined altogether. This Article will outline, in a clear manner, the differences between immigration lawyers and consultants, outline their powers and limitations as practitioners in the legal context of India, and will ultimately assist you to decide which is best suited for your case.

Legal Framework for Immigration Services in India

1. The Advocates Act, 1961

• This law directs who will be called as an “advocate” in India and practice law. Under Section 29 of this Act, only advocates enrolled with a State Bar Council may practice law in India. Section 33 makes it clear that only enrolled advocates may present clients before a court or any other legal authority.
• This means that only an immigration lawyer (not a consultant) can represent you before a court in India, or legally interpret immigration laws.
• Lawyers as advocates are regulated through the Bar Council of India (BCI), which operates under a code of ethics, and may act against an advocate who breaches those rules.

2. Emigration Act, 1983

• The Emigration Act of 1983 controls the hiring of Indian workers for jobs abroad.
• Anyone who works as a recruiter of workers overseas, a recruiter of Indian workers to work abroad, or an overseas employment consultant must be registered with the Protector General of Emigrants (PGE) in the Ministry of External Affairs.
• The two sections of this Act, Section 10 and Section 11, require that the recruiter have a registration certificate to operate in relation to recruiting workers overseas.
• If you operate as a recruiter overseas for work and do not have registration, Section 24 of the Emigration Act lays out the penalties for doing so. There are fines and imprisonment in this section.

3. Passport Act, 1967

• The Passport Act of 1967 refers to the issuing of passports and travel documents.
• It is a criminal offence to make a false statement to obtain a passport, visa or travel document or provide the false documents. Failure to comply will be punished in accordance with Section 12 of the Passport Act, and is punishable by up to 2 years in prison and or / fine.
• You can obtain the services of an immigration lawyer if your passport is denied or diverted, however, a consultant cannot represent you for legal proceedings.

4. The Foreigners Act, 1946

• This Act regulates the entry, occupation, and exit from foreign nations in India.
• Lawyers rely on the Act when representing clients at risk of deportation for overstay or other violations of the visa regime.
• Consultants cannot appear in court on behalf of clients but can provide immigration documents to comply.

5. Immigration (Carrier’s Liability) Act, 2000

• This legislation is primarily directed at airlines and shipping companies; however, it is relevant to the immigration system.
• It makes carriers liable for bringing persons into India who do not have a valid travel document.
• This legislation is remote to lawyers representing clients in immigration disputes, but as with the above applications, there may be issues arising out of disputes under this Act that require lawyers to become involved.

6. Consumer Protection Act, 2019

• This applies to lawyers in respect of under-performance, only in limited circumstances and consultants (such as misrepresented services or poor-quality services).
• If a client’s claim can show a loss as a result of immigration service provider negligence or fraudulent conduct, they may complain to a consumer forum within the context of the act.

In summary:

• Lawyers have to comply with the Advocate Act, 1961 and they can represent legal disputes,
• Consultants with arrangements concerning jobs abroad, must comply with the Emigration Act 1983, whereas others may rely on consumer legislation,

Both consultants and lawyers should never engage in fraud or make false promises, given either may face prosecution for offences.

Who is an Immigration Lawyer?

An immigration lawyer is a professional who has obtained a law degree (LL.B.), is enrolled with a State Bar Council, and allowed to practice law under the Advocates Act, 1961.

1. Qualifications and Licensing

To be an immigration lawyer:

Education: To be an immigration lawyer, you will need to complete a 3-year LL.B. (after graduation) or a 5-year integrated law degree (after 12th standard);

Enrollment: To become an immigration lawyer, you must enroll in the State Bar Council;

Right to Practice: Section 30 of the Advocates Act entitles every advocate to practice law before all courts, tribunals or authorities in India.

This means that if your immigration matter has any legal dispute, appeal, or representations to some authority, only an immigration lawyer can appear for you legally.

2.  Services

Immigration lawyers offer a lot more than just filling out forms. They provide legal advice regarding Indian and foreign immigration laws. They represent clients in court and applications to tribunals; for example, in cases of deportation or detention. They help their clients with visa refusals and appeals by challenging those refusals legally. They draft legal documents (affidavits, contracts, sponsorship agreements, power of attorney, etc.). They advise on when their clients must comply with Indian law (Foreigners Act, 1946, Passport Act, 1967) or the laws of the foreign country whose immigration law is being considered.

3.  Authority Conferred by Law

Section 33 of the Advocates Act, 1961 states that only enrolled advocates can represent clients in litigations before any court or legal authority. If a non-lawyer is representing someone in that capacity, he/she is guilty of an “unauthorized practice of law” and the guilty person could be penalized.

4.  Professional Responsibilities

Immigration lawyers, herein referred to as lawyers must abide by the Bar Council of India Rules, including proper professional conduct i.e., – acting in the best interest of your client, not making misrepresentations or unreasonable promises, keeping client information private; and avoiding a conflict of interest.

If a lawyer fails to honour their obligations under the Rules, you can lodge a complaint, either to the State Bar Council or Bar Council of India so that your complaint can be investigated, and if warranted, face suspension or disbarment.

5. Situations in Which You Should Hire an Immigration Attorney

You should hire a skilled attorney (not a consultant) if:

1. You have been denied a visa and want to appeal it.
2. You have a deportation penalty or have been penalized for being out of status.
3. You have a legal charge that impacts your immigration status.
4. You are accused of committing an immigration fraud during your visa application or in your passport application.
5. You are applying for asylum or refugee status.

Who is an Immigration Consultant?

Role and Registration

An Immigration Consultant in India is a person or agency that counsels individuals on the procedural aspects of immigration specifically, assisting with visa forms, obtaining and certifying documents, organizing translations, or securing overseas work or study opportunities. They are unlicensed to practice law, cannot represent anyone in court, and cannot provide legal opinions about immigration legislation.

Where consultants are acting to send Indian workers abroad for employment, they must be registered with the Protector General of Emigrants (PGE) under the Emigration Act, 1983, with the Ministry of External Affairs. This is a legal requirement under Section 10, and working unregistered can lead to imprisonment and fines under Section 24. In relation to study abroad or tourist visa services, there is no special central licensing law, but they must follow the regulations of the Consumer Protection Act, 2019, and any local business license regulations.

When to Approach a Consultant

Consultants must only be approached for the low-risk scenarios where the requirements are straightforward, such as tourist visas, or family sponsorship, with complete documentation. They can advise you on procedures, assist with document preparation and generally will save you time. However, if you have a visa refusal, a deportation, allegations of criminality or other complex legal issues a consultant cannot represent you legally. Only a qualified immigration lawyer can represent you in those situations.

Key Differences Between an Immigration Lawyer and an Immigration Consultant

While immigration lawyers and consultants both aid individuals wanting to move abroad, the qualifications, legal authority, and assistance they can provide varies considerably. In India, these distinctions are defined in law (for example Advocates Act, 1961, or Emigration Act, 1983).

Aspect	Immigration Lawyer	Immigration Consultant
Qualification	Law degree (LL.B.) and enrollment under State Bar Council.	No fixed qualification under Indian law; may have experience or training in immigration processes.
Regulatory Authority	Bar Council of India (Advocates Act, 1961).	Ministry of External Affairs or Consumer Protection Act, 2019
Legal Authority	Are authorized to interpret immigration laws, give legal advice, and represent clients in court or before authorities.	Cannot give legal opinions or represent clients in court; are limited to procedural assistance.
Scope of Work	Handles visa refusals, appeals, deportation cases, asylum petitions, and legal disputes.	Helps with form-filling, document collection, job search abroad, and university applications.
Court Representation	Yes, under Section 30 and 33 of the Advocates Act, 1961.	No legal authority to appear in court or before tribunals.
Licensing Requirement	Must be an enrolled advocate.	Must be registered under the Emigration Act, 1983 (for overseas employment); other consultants follow business and consumer laws.
Risks of Using Wrong One	Risk arises only if lawyer is unlicensed or unprofessional (can be reported to Bar Council).	Risk of fraud or overcharging by unregistered consultants; possible criminal action under Section 24 of the Emigration Act or Consumer Protection Act.

How to Choose the Right Professional

The choice between hiring an immigration lawyer or a consultant should depend on the particulars and difficulties of your case. If your case is not straightforward for example, visa refusal, deportation notice, criminal record, or if you have a legal issue, you should hire an immigration lawyer. Immigration lawyers are best equipped to help you with your case because they are licensed under the Indian Advocates Act, 1961 to interpret laws, advise on legal matters, and represent you in court and before authorities.

If the case is simple; such as applying for a tourist visa, a student visa or a simple family sponsorship, and there are no disputes involved; a registered immigration consultant might be enough. They can save you time by helping you with the forms and documents for your application, and advise you with your procedural steps.

Whether you choose to hire a lawyer or a consultant, always:

• Confirm a lawyer’s enrolment number on the Bar Council of India or state Bar Council’s website.
• Confirm a consultant’s registration on the Protector General of Emigrants (PGE) portal if they will be dealing with overseas jobs.
• Request a written service agreement explaining what fees you can expect to pay up front, and timelines if applicable.
• You should always avoid people, no matter how reputable they may appear, who suggest “guaranteed visas.” No professional can guarantee you will be successful with your application.
• The sooner you choose the correct expert, the less risk you will have to deal with delays, rejection and loss of money.

Common Scams and Legal Remedies

Immigration is a service in high demand and as a result, attracts fraud. A few of the common frauds include:

• Imposter job offers abroad with large “processing fees.”
• Unregistered consultants providing guaranteed visas.
• Document frauds such as fake invitation letters or fabricated employment experience certificates.
• Extorted fees or fees that are taken for services never rendered.

These scams can lead to financial losses and the applicant may receive a rejection of their visa. In more serious cases involving forgery, the applicant may have an open criminal case against them.

Legal Remedies:

1. File a police complaint (FIR) under the BNS; example: section 318 (cheating); section 336 (forgery); section 372 (fraudulently using any document).
2. Make a complaint with the Protector General of Emigrants (PGE) registrar if the fraud involved an overseas job consultant; any fraudulent act by such a consultant could fall under the Emigration Act 1983.
3. If your application is not processed in time, you can file a complaint in Consumer Court under the Consumer Protection Act, 2019

These scams can lead you to extensive financial losses, but be aware, check qualifications, and keep receipts and written agreements!  Those can protect you in some respects against immigration scams.

FAQs on Immigration Lawyer vs Consultant