MARA/OMara: The Migration Agents Registration Authority
The Office of the Migration Agents Registration Authority (OMara, formerly known as MARA) is the regulatory body that registers and oversees migration agents in Australia. Under Australian law, only registered migration agents or qualified lawyers can provide immigration assistance for a fee. Using an unregistered agent is risky and the agent is committing a criminal offence. You can verify any agent's registration status for free on the OMara register at mara.gov.au. If you have a complaint about a registered agent, OMara investigates and can impose sanctions including cancellation.
What Is OMara/MARA?
OMara operates under the authority of the Migration Agents Registration Authority, which was originally known as MARA. The name has evolved over the years, but many people and even some industry professionals still use "MARA" colloquially. Both refer to the same regulatory body.
OMara is responsible for:
- Registering migration agents who meet the educational and professional requirements
- Maintaining a public register of all currently registered agents
- Monitoring agents' compliance with the Code of Conduct
- Investigating complaints against registered agents
- Imposing sanctions on agents who breach the rules
- Educating consumers about their rights when using migration services
The authority sits within the Department of Home Affairs but operates with a degree of independence in its regulatory function.
Why Registration Matters
Australian migration law is complex, and the consequences of poor advice can be catastrophic: refused visas, wasted fees (which are non-refundable), cancellation of existing visas, bans from future applications, and even deportation.
Under the Migration Act 1958:
- It is a criminal offence to provide immigration assistance for a fee (or other reward) unless you are a registered migration agent or an Australian legal practitioner
- Penalties for unregistered practice include fines and imprisonment
- The consumer protections that apply to registered agents don't apply if you use an unregistered operator
What "immigration assistance" includes:
- Advising on which visa to apply for
- Preparing or lodging a visa application
- Representing you in dealings with the Department
- Preparing you for an interview
- Assisting with a review or appeal
Exemptions exist for certain non-commercial assistance (helping a friend or family member without charge) and for limited assistance by specific professionals (such as education agents who only help with student visa applications as part of their education services).
How to Verify an Agent
Before engaging any migration agent, verify their registration:
- Visit the OMara register: Go to mara.gov.au and click on "Search the Register of Migration Agents"
- Search by name or MARN: Enter the agent's name or their Migration Agent Registration Number (MARN), which is a 7-digit number
- Check the status: The register shows whether the agent is currently registered, the type of registration, and any conditions or sanctions
What to look for:
- Status: Registered — The agent is currently authorised to provide immigration services
- Registration type: Full registration or limited registration
- Conditions: Some agents have conditions on their registration limiting the types of advice they can provide
- Sanctions: Check if the agent has any current sanctions
Red flags:
- The agent isn't on the register at all (unregistered)
- The agent's registration has "lapsed" or been "cancelled"
- The agent has conditions restricting the type of advice they can give
- The agent refuses to provide their MARN when asked
What Registered Agents Must Do
The Code of Conduct for registered migration agents sets out professional standards including:
Before accepting your case:
- Provide a written client agreement specifying fees, services, and scope of work
- Disclose any potential conflicts of interest
- Assess whether they have the competence to handle your case
- Provide information about the complaints process
During your case:
- Act in your interests (not the interests of a third party, like an employer or education provider)
- Keep your information confidential
- Keep you informed about the progress of your case
- Respond to your communications within a reasonable time
- Maintain complete and accurate records
Regarding fees:
- Fees must be clearly stated in the client agreement
- Agents cannot charge fees that are grossly excessive for the work performed
- Agents cannot claim money from the Department's client accounts
- Agents cannot require you to pay the full fee upfront before any work is done (some advance is reasonable, but the full amount is not)
How to Choose a Good Agent
Registration ensures minimum standards, but quality varies. Here's how to find a good agent:
Look for relevant experience: An agent who specialises in partner visas may not be the best choice for a complex skilled migration case. Ask about their experience with your specific visa type.
Check reviews and referrals: Word of mouth remains the best indicator. Ask within your community and professional networks.
Get multiple consultations: Many agents offer free or low-cost initial consultations. Use these to compare advice and fee quotes.
Ask about their success rate: While agents can't guarantee outcomes, experienced agents should be able to give you a realistic assessment of your prospects.
Check their communication: Responsiveness during the initial consultation is a good indicator of how they'll communicate during your case.
Typical agent fees:
| Service | Typical Fee Range |
|---|---|
| Initial consultation (if paid) | $100-$300 |
| Tourist visa application | $500-$1,500 |
| Student visa application | $1,000-$3,000 |
| Skilled visa (189/190) | $3,000-$8,000 |
| Employer-sponsored (482) | $2,500-$6,000 |
| Partner visa | $3,000-$8,000 |
| AAT review/appeal | $3,000-$10,000 |
These fees are for the agent's service only, not including visa application charges, skills assessment fees, or other government costs.
The Complaints Process
If you have a problem with a registered migration agent, OMara provides a formal complaints process:
What you can complain about:
- The agent provided incorrect or misleading advice
- The agent failed to lodge your application on time
- The agent didn't keep you informed about your case
- The agent charged excessive or undisclosed fees
- The agent acted unprofessionally
- The agent didn't maintain your confidentiality
How to complain:
- Try to resolve the issue directly with the agent first
- If that doesn't work, lodge a complaint with OMara (online form or written submission)
- OMara will acknowledge your complaint and investigate
- The agent will be given an opportunity to respond
- OMara will make a determination
Possible outcomes:
- The complaint is dismissed (no breach found)
- A caution is issued to the agent
- The agent is required to undergo additional training
- Conditions are placed on the agent's registration
- The agent's registration is suspended or cancelled
- The matter is referred for civil or criminal action
Timeframe: OMara investigations can take several months, sometimes longer for complex cases.
Alternatives to Migration Agents
Australian legal practitioners (lawyers): Immigration lawyers don't need MARA registration because they're regulated by their state's legal profession authorities. They can provide the same services as migration agents plus represent you in court proceedings. Lawyers tend to be more expensive ($300-$600/hour) but may be preferable for complex cases or appeals.
Community legal centres: Free or low-cost legal services, including immigration advice, are available through community legal centres in most Australian cities. These are particularly useful for humanitarian and protection visa matters.
DIY applications: For straightforward visa applications (ETA, eVisitor, simple student or tourist visas), many applicants successfully self-manage through ImmiAccount without professional assistance.
FAQ
Do I need a migration agent to apply for a visa? No. There's no requirement to use an agent. Many people successfully lodge their own visa applications. However, for complex cases (skilled migration, partner visas, character issues), professional advice can significantly improve your chances and avoid costly mistakes.
Can an agent guarantee my visa will be approved? No. No registered agent can ethically guarantee a visa outcome because the decision rests with the Department of Home Affairs. Be wary of anyone who guarantees approval; this is a breach of the Code of Conduct.
What if I've already used an unregistered agent? Your visa application itself isn't invalidated because an unregistered person helped you (though the quality of their work may be an issue). Report the unregistered agent to the Department of Home Affairs, and consider engaging a registered agent to review and correct any problems with your application.
Can I change migration agents during my case? Yes, you can change agents at any time. Your previous agent must transfer your file and documents to you or your new agent. They cannot withhold your documents, even if there are outstanding fees (though they can pursue the fees separately).
