Code of Conduct · plain language
What your agent must do.
Every registered migration agent is bound by the Migration (Migration Agents Code of Conduct) Regulations 2021. This is our plain-language summary of the Code as amended to 1 April 2026. The official text is the one that counts.
The basics
The Code started on 1 March 2022. On 1 April 2026 the Migration Agents Regulations 1998 were replaced by the Migration Agents Regulations 2026, and the Code was updated so that its references point to the new Regulations. The rules described below did not change in substance.
Registration is personal
Only individuals can be registered migration agents. A company is never "registered", and there are no levels of registration.
The MARN is shown
The agent's Migration Agent Registration Number appears on correspondence, business cards, the website, social media and advertising.
Protect the profession
An agent must not behave in a way that is likely to damage the reputation of migration agents, including through aggressive or deceptive marketing.
Supervision of staff
Staff who are not registered must not give immigration advice, and the agent supervises their work.
Honesty and advertising
No false statements
An agent must not make false or misleading statements, to you or to anyone else.
No promised outcomes
An agent must not say they can get a particular decision for you, and must not mislead you about your chances, risks or the process.
No special access
An agent must not claim a special relationship with the Minister, the Department, OMARA or a review body.
Responsible for others' ads
The agent must take reasonable steps so that staff and advertisers do not make those claims either.
The Department of Home Affairs warns that anyone who says they can speed up or promise a visa may be trying to scam you.
Before work starts
Initial consultation
A first consultation can happen without an agreement. The agent tells you the MARN, and any fee must be reasonable.
Consumer Guide
The agent must give you the OMARA Consumer Guide before giving immigration assistance.
Written service agreement
You and the agent sign an agreement that names the agents, sets out the work and the fees, and confirms you received the Consumer Guide.
Identity checks
The agent verifies your identity, and checks sponsors and anyone acting between you and the agent.
Conflicts disclosed
Any conflict of interest, including a commission or fee from someone else, is disclosed to you in writing before work starts.
Fees and money
Clear, fair fees
Fees are a fixed fee or an hourly rate with an estimate, include GST, and must be fair and reasonable. Likely extra costs are listed.
Invoices and receipts
You receive an itemised invoice before you are charged, and a receipt after you pay.
Client account
Client money is kept in a separate account with a financial institution, with strict rules on withdrawals.
No early payment, fair refunds
No money for immigration assistance before the agreement is in force (other than an initial consultation fee). Refunds are paid within 14 days.
Care, confidentiality and records
Confidentiality
Your personal information is not disclosed without your written consent. That includes testimonials and case studies.
Records kept 7 years
The agent keeps records of advice and instructions, and keeps your file for 7 years after the last action.
Register kept up to date
The agent tells OMARA and current clients within 14 days about material changes to their register details, which now include their website.
Insurance
The agent must hold professional indemnity insurance as the Regulations require, currently at least A$250,000.
If something goes wrong
Tell us first. We will acknowledge your complaint and respond in writing. If you are not satisfied with our response, or you prefer not to come to us, you can complain to OMARA, which can investigate registered migration agents. The OMARA Consumer Guide explains how.
The official documents
- Migration (Migration Agents Code of Conduct) Regulations 2021, current text, Federal Register of Legislation
- OMARA Consumer Guide and information for consumers
- Search the register of migration agents
- OMARA: legislative changes from 1 April 2026
This summary is general information. Section numbers refer to the Code. If anything here differs from the official text, the official text applies.