Migration agents: when you need one, and how to choose a good one

Plenty of people apply for an Australian visa on their own. Plenty of others are glad they didn’t. Here’s who can legally help you, how to check them before you pay a cent, and the red flags to walk away from.

Who can legally help you

In Australia, giving immigration assistance, like advising which visa to apply for or preparing your application, is regulated. Only these people can lawfully do it:

• Registered migration agents (RMAs), registered with the Office of the Migration Agents Registration Authority (OMARA)
• Australian legal practitioners (lawyers), who don’t need to register as agents
• a small group of exempt people, such as close family members helping for free

Education agents, recruiters and “visa consultants” overseas may be helpful for other things, but unless they’re registered or a lawyer, they can’t legally give you immigration advice for Australia.

Do you need one?

You don’t have to use an agent. Many straightforward applications are done by applicants themselves using the Home Affairs website. An agent can be worth it if:

• you’re not sure which visa fits, or you might fit several
• you’ve had a visa refused or cancelled before, here or elsewhere
• you have health or character issues that might come up
• your situation is complicated: a partner, dependants, a sponsor or a business
• a mistake would cost you more than the agent’s fee

An agent can’t guarantee an outcome. They can make sure your application is the right one, complete and well prepared.

How to check an agent

Before you pay anyone, search for them on the OMARA register of migration agents. You can search by name, registration number (MARN), business name or location. If the person doesn’t show up, they aren’t a registered migration agent. If they say they’re a lawyer, you can check them with the law society in their state.

What a registered agent must do

Registered agents follow a Code of Conduct. According to OMARA, that includes:

• giving you an estimate of their fees, likely costs and timing before they start work
• putting the services and fees in a written agreement that you both sign, apart from an initial consultation
• charging a fee that’s reasonable for your case. There’s no set scale, so compare quotes
• giving you invoices, and keeping any money you pay in advance in a separate account
• being honest with you about your chances

If the first consultation isn’t free, ask for the fee in writing before you book.

If something goes wrong

If you have a problem with a registered agent, you can complain to OMARA, which investigates agents’ conduct. If you think someone is giving immigration help without being registered, you can report it to the Department of Home Affairs through Border Watch, anonymously if you prefer.

Before you sign

New to the visa system? Start with Australian visas explained.