Why choose a registered Migration Agent?
Only registered migration agents can legally give immigration assistance in Australia. To do this, they must be listed on the Register of Migration Agents, held by the Office of the Migration Agents Registration Authority. Immigration assistance (under section 276 of the Migration Act 1958) is when a person uses or claims to use knowledge of, or experience in migration procedure to assist with visa applications or other visa matters by:
- preparing, or helping to prepare, a visa application or other document
- advising about a visa application or visa matter
- preparing for proceedings before a court or review authority in relation to a visa application or visa matter
- representing in proceedings before a court or review authority in relation to a visa application or visa matter.
Registered migration agents are allowed to provide immigration advice and assistance, including help lodging visa applications. Agents must be qualified and demonstrate to the Office of the Migration Agents Registration Authority (the Authority) that they:
- have sufficient knowledge of migration law and procedures
- are a person of integrity
- are a fit and proper person to provide immigration assistance.
Agents can advise if your visa application is likely to succeed, but they do not make visa decisions and cannot influence outcomes. Only the Department of Immigration and Border Protection (DIBP) makes decisions about visa applications. It is against the law for someone in Australia who is not registered with the Authority to provide you with immigration assistance.
A registered migration agent is qualified to help you with your visa application and can deal with the Department of Immigration and Border Protection (DIBP) and other organisations for you. You do not have to use an agent to lodge your visa application, but they can be very helpful, especially if your case is complex. The help an agent can give you and the help an agent cannot give you is in this table.Can
| Ca | |
| can explain which visa options are available to you, and recommend a suitable option | cannot guarantee your application will be successful |
| can prepare documents for your visa application | cannot help you get a visa if you do not meet the visa requirements |
| can lodge a well-prepared application with all required documents, which can make it easier and faster to get a decision from DIBP | cannot guarantee faster processing of your application |
| can contact DIBP or other organisations to discuss or ask questions about your application |
Contract and fees
Once the agent has agreed to help you, they will give you a written agreement with details of their services (contract) and how much they will charge (fees). Your contract will list the type of visa you are applying for (example, Student subclass 572 visa). Your contract will also list the fees you will be charged for each service or each hour worked.Code of Conduct
All agents must follow the Code of Conduct for agents. This means the agent must meet the obligations set out in the Code of Conduct.
Your relationship with your agent
Your agent is working for you, but they need your help to do so. You need to cooperate with your agent and respond to any reasonable requests they make. You need to know that your agent must give DIBP, the Migration Review Tribunal or the Refugee Review Tribunal all the information they need to decide your visa application.