Migration Agent Code of Conduct: Your Rights as a Client

Migration Agent Code of Conduct: Your Rights as a Client

When you hire a registered migration agent to help with your Australian visa application, you're entering a professional relationship governed by a strict Code of Conduct. The Code of Conduct for registered migration agents sets clear standards for how agents must treat their clients, manage their fees, and handle your personal information. Knowing your rights under this Code protects you from being overcharged, misled, or poorly served. If your agent isn't meeting these standards, you don't have to accept it — and you have formal avenues to hold them accountable.

What Is the Code of Conduct?

The Code of Conduct is a legally binding set of rules prescribed under the Migration Agents Regulations 1998. Every registered migration agent in Australia must comply with the Code. It covers:

• Professional conduct standards
• Client communication requirements
• Fee disclosure and billing practices
• Confidentiality obligations
• Record-keeping requirements
• Conflict of interest management
• Complaint handling procedures

The Code is enforced by the Office of the Migration Agents Registration Authority (OMARA), which has the power to investigate complaints and impose sanctions — from formal cautions to permanent deregistration.

There are approximately 7,800 registered migration agents in Australia, and each one has agreed to be bound by this Code as a condition of their registration.

Your Rights as a Client

Right to a Written Service Agreement

Before any work begins, your agent must provide you with a written service agreement (also called a client agreement). This agreement must include:

• A clear description of the services the agent will provide
• The total estimated fees (or how fees will be calculated)
• Government charges and disbursements that you'll need to pay (separate from the agent's fees)
• The estimated timeline for the work
• What happens if either party wants to terminate the agreement
• The agent's complaints handling process

This isn't a suggestion — it's a legal requirement. If your agent starts work without providing a written agreement, they're already in breach of the Code.

Have you received a written service agreement from your agent? If not, ask for one today.

Right to Transparent Fee Disclosure

Migration agent fees vary widely — from a few hundred dollars for simple matters to $10,000 or more for complex cases. The Code requires:

• Fees must be disclosed upfront: Before work begins, you must know what you'll be paying.
• Fee estimates must be reasonable: Agents can't quote a low fee to win your business and then inflate it later.
• Changes to fees must be communicated: If circumstances change and the work will cost more than estimated, the agent must inform you and get your agreement before proceeding.
• Government fees must be identified separately: You should know exactly how much goes to the agent and how much goes to the Department as application fees.
• Receipts must be provided: For every payment, you're entitled to a receipt.

Typical Fee Ranges (2025-26)

These are general ranges. Complex cases, urgent matters, or applications involving multiple issues may cost more. But regardless of the amount, you're entitled to full disclosure before committing.

Right to Realistic Advice

Under the Code, agents must provide honest and realistic advice about your prospects. This means:

• Telling you the truth about your chances of success, even when it's not what you want to hear
• Not guaranteeing visa approval (no one can guarantee this)
• Advising you of risks and potential problems with your application
• Recommending against lodging an application if it has little or no chance of success
• Informing you of alternative visa options that might be more suitable

An agent who tells every client "don't worry, it'll be fine" without assessing individual circumstances isn't meeting their professional obligations.

Right to Confidentiality

Your agent has strict confidentiality obligations. Your personal information, immigration history, and details of your case cannot be disclosed to third parties without your consent, except in limited circumstances required by law.

This includes:

• Not sharing your information with other clients
• Not discussing your case with your employer (unless you've authorised it)
• Not disclosing your immigration status to third parties
• Securely storing your documents and personal data
• Not using your case as a marketing example without your permission

Right to Your File

Your documents belong to you. Under the Code:

• You can request copies of your complete file at any time
• If you terminate the relationship, your agent must provide your file within 7 days of a written request
• The agent can keep copies for their records, but the originals are yours
• The agent cannot withhold your file because you owe them money (holding files "hostage" is a Code breach)

This is particularly important if you want to change agents. You'll need your file to give to your new agent.

Right to Terminate the Relationship

You can end the relationship with your migration agent at any time. You don't need to give a reason. Under the Code:

• You can terminate the agreement in writing
• The agent must provide your file within 7 days
• Fee refunds depend on the terms of your written agreement and how much work has been completed
• The agent cannot refuse to release your file
• The agent must cooperate with your new agent during the handover

Why would you stay with an agent you don't trust when you have the right to change at any time?

Agent Obligations Under the Code

Competence

Agents must only take on work they're competent to handle. If your case involves specialised areas of law (like refugee claims or criminal character matters), your agent should either have relevant expertise or refer you to someone who does.

Registered agents must complete Continuing Professional Development (CPD) — at least 10 activities per registration year — to maintain their competence. This ensures they stay current with changes in immigration law, which is one of the most frequently amended areas of Australian legislation.

Communication

Agents must:

• Respond to your communications within a reasonable timeframe
• Keep you informed of progress on your application
• Notify you immediately of any decisions or correspondence from the Department
• Explain matters in language you can understand (using interpreters if necessary)
• Provide you with copies of all correspondence sent on your behalf

Conflict of Interest

Agents must not act where there's a conflict of interest. Common examples include:

• Representing both partners in a relationship where one might benefit from the other's visa being refused
• Receiving referral fees or commissions from education providers that might influence their course recommendations
• Advising you to engage services (like skills assessments or translations) from businesses the agent has a financial interest in

If a conflict exists, the agent must disclose it and may need to withdraw from acting for you.

Record Keeping

Agents must maintain detailed records of:

• All client communications
• All documents received and sent
• Fee agreements and payment records
• File notes of advice given
• Copies of all applications lodged

These records must be kept for at least 7 years after the last service was provided. This is important because it means evidence exists if you need to make a complaint later.

When to Change Agents

Sometimes the relationship isn't working. Here are situations where changing agents is the right move:

• You can't reach your agent: Multiple unanswered calls and emails over weeks is unacceptable.
• Your agent hasn't done what they promised: If agreed timelines have passed without explanation, it's time to act.
• You've lost trust: If you suspect dishonesty, don't wait — change immediately and consider lodging a complaint.
• Your agent is pressuring you to lie: This is not just unethical; it's potentially criminal. Change agents and report them.
• Your case has become more complex: If your situation has changed and your agent doesn't have the expertise to handle it, a referral to a specialist is appropriate.
• You're not getting realistic advice: If your agent won't give you straight answers about your prospects, they're not helping you.

How to Change Agents

1. Find a new agent first: Don't leave yourself without representation mid-application. Verify the new agent's registration on the MARA register.
2. Notify your current agent in writing: A simple email or letter stating you're terminating the relationship is sufficient.
3. Request your file: Ask for your complete file in writing. The agent must provide it within 7 days.
4. Authorise your new agent: Sign a new authority form (Form 956) with your new agent, and submit it to the Department so correspondence goes to the right place.
5. Review what's been done: Have your new agent review all work completed by the previous agent. Errors may need correcting.

Cost Disclosure: What You Should Know

The cost of migration agent services can be substantial. Here's what proper cost disclosure looks like:

What Your Agent Must Tell You

• Their professional fees (the amount you're paying them for their work)
• Government application fees (paid to the Department — these are fixed amounts set by legislation)
• Third-party costs (translations, skills assessments, medical examinations, police checks)
• Whether fees are fixed or hourly
• What happens to fees if your application is refused
• Refund policy if you terminate the agreement

What to Watch Out For

• "Package" pricing that bundles everything together: You should be able to see each component separately
• No written quotes: Verbal fee agreements are difficult to enforce and easy to dispute
• Success fees: Some agents charge a premium if your visa is granted. This must be disclosed upfront.
• Inflated government fees: Some agents add a markup to government fees without disclosing it. The actual government fee for each visa type is published on the Department's website.

Approximately 25% of OMARA complaints involve fee disputes. Most could be avoided if proper written agreements were in place from the start.

What to Do If Your Agent Breaches the Code

If you believe your agent has breached the Code of Conduct:

1. Raise it with the agent first: Sometimes issues can be resolved through direct communication. Put your concerns in writing.
2. Use the agent's internal complaint process: The Code requires agents to have a complaints process. Use it and keep records of your complaint and the response.
3. Lodge a formal complaint with OMARA: If direct resolution fails, the OMARA complaint process is your next step. OMARA can investigate and take disciplinary action.
4. Seek legal advice: If you've suffered financial loss or your visa application has been damaged, you may have a civil claim. Contact a lawyer or your state's consumer affairs body.

If you're currently dealing with the aftermath of poor agent advice — such as a visa refusal — our guides on what to do when your visa is refused and appealing to the ART can help you understand your options.

Frequently Asked Questions

Does every migration agent charge the same fees?

No. Fees vary significantly between agents and depend on the complexity of your case, the agent's experience, their location, and the market. There are no regulated fee schedules — agents set their own prices. This is why getting quotes from multiple agents and comparing written agreements is important.

Can a migration agent refuse to take my case?

Yes. Agents aren't obligated to accept every client. They may decline if the case is outside their expertise, if they have a conflict of interest, or if they believe the case has no reasonable prospect of success. An agent who honestly declines a hopeless case is arguably more ethical than one who takes your money knowing you'll likely be refused.

What should I do if my agent asks me to sign a blank form?

Refuse. Never sign a blank form or a form you haven't read and understood. If your agent insists, terminate the relationship immediately. Signing blank forms means the agent can write anything they want above your signature — including false declarations that could result in visa refusal and a potential 3-year application ban.

Can I represent myself instead of using an agent?

Yes. You're not required to use a migration agent for any Australian visa application. Many straightforward applications (visitor visas, some student visas, citizenship) can be completed without professional help. However, for complex matters — skilled visas, partner visas, appeals, or cases with adverse history — professional assistance significantly improves your chances.

How do I verify that my agent's registration is current?

Search the MARA register on the Department of Home Affairs website. Enter the agent's name or MARN. The register shows current registration status, expiry date, and any conditions or sanctions. Registration must be renewed annually, so an agent who was registered last year may not be registered today.