Why Choosing a Registered Migration Agent Matters More Than Ever?

Among the changes announced on 17 September 2026, one got less attention than it deserved. Migration agents who encourage clients to lodge what the government calls "non-meritorious" claims could be sanctioned or deregistered.

If you are paying someone to help with a visa, that line should make you think about one question: who is actually representing me? A visa application is signed in your name, and any mistake in it is yours to carry, whether it was made by you or by someone you paid.

This guide explains what the announcement said and what it did not, what Migration Agents Registration Authority (MARA) registration actually means, who is legally allowed to give immigration assistance, how to check an agent in about two minutes, what to do if something goes wrong, and the warning signs we see most often among Nepali applicants.

Key Takeaways

• The government has said agents could be sanctioned or deregistered for encouraging non-meritorious claims. The detailed provisions had not been published in the coverage we reviewed.

• Anyone giving immigration assistance for a fee must generally be a registered migration agent (registered with the Office of the Migration Agents Registration Authority, OMARA) or an Australian legal practitioner. Free help is only allowed for a narrow group of exempt people, such as a sponsor or close family member.

• Education agents are not exempt. They can only give immigration assistance if they are also a registered migration agent or a legal practitioner.

• Registered agents are bound by a Code of Conduct and a formal complaints process. Unregistered operators are not.

• You can verify an agent in minutes using their Migration Agent Registration Number (MARN) on the official register at mara.gov.au.

• Before work starts, a registered agent must give you a written statement of the services they will provide and their estimated fees. Money paid in advance must be kept in a separate account.

• No genuine agent can guarantee a visa outcome. A guarantee is the clearest red flag there is.

• A good consultation includes an honest assessment, a written service agreement and clear fees.

What Changed for Migration Agents in September 2026

In his 17 September 2026 announcement, Home Affairs Minister Tony Burke said migration agents could be sanctioned or deregistered for encouraging clients to lodge non-meritorious claims. The announcement was part of a wider push on visa system integrity, alongside changes to student visas, course transfers and processing priorities.

We want to be careful about what this does and does not mean. The coverage we reviewed did not set out the specific rules, penalties or start date. So this is a signal of direction, not a detailed new regime.

It also did not come from nowhere. In 2024 a national audit of OMARA found weaknesses in how complaints against agents were handled, including serious complaints that were dismissed without proper investigation and sanctions that came late. The Department of Home Affairs committed to implement all 11 audit recommendations, including bigger OMARA resources, stronger powers to set conditions on agents or deregister them for longer periods, and higher professional standards.

• 2024: an audit identified weaknesses in OMARA's complaint handling and monitoring.

• 2024 onwards: the department committed to reforms, including stronger sanction powers and higher standards for agents.

• September 2026: the Minister signals sanctions or deregistration for agents who encourage non-meritorious claims.

A related review of the migration agent rules has also floated higher penalties, including for unregistered operators, and for registered agents who fail to disclose that they gave assistance. Those proposals were put forward for consultation, and we have not seen confirmation that they have been adopted.

What MARA Registration Actually Means

In Australia, giving immigration assistance for a fee is regulated. In general, a person must be a registered migration agent or an Australian legal practitioner to do it. Registration is held through OMARA, which regulates the profession. To be registered, an agent must be qualified in migration law and procedure, meet knowledge and character standards, and follow a Code of Conduct.

 

The practical point is accountability. If a registered agent acts improperly, there is a body that can investigate and discipline them. If an unregistered operator does, you may have very little recourse, and your application may already be damaged.

Who Is Actually Allowed to Give Immigration Assistance?

Only three groups can lawfully give immigration assistance in Australia. Knowing which group someone belongs to is the quickest way to judge whether you are in safe hands.

•     Registered migration agents. People on the OMARA register, who hold a MARN and are bound by the Code of Conduct.

•     Australian legal practitioners. Lawyers who hold an Australian practising certificate and give the assistance as part of their legal practice.

•     Exempt persons. Narrow categories who may help without being registered, but only where they charge no fee. This covers a nominator, sponsor or close family member of the applicant, and certain officials such as parliamentarians and members of diplomatic missions.

Giving immigration assistance without falling into one of these groups is an offence. Immigration assistance generally means using knowledge of migration law or procedure to help with a visa matter, such as preparing an application or document, advising on a visa matter, or representing someone in review proceedings. Purely clerical work such as scanning or posting documents, and translation, are treated differently.

 

How to Verify an Agent Is Registered

This takes about two minutes and you should do it before paying any fee.

• Ask the agent for their Migration Agent Registration Number (MARN). It is a number issued at registration and is normally shown on their website, contracts and emails.

• Search the number on the official register at mara.gov.au.

• Check that the name, business and status match the person you are dealing with. A number that belongs to someone else is a serious warning sign.

• Look at whether the registration is current and whether any conditions or sanctions are shown.

• If the person says they are a lawyer instead, ask for their practising certificate details and confirm them with the relevant state or territory law society or legal regulator.

A legitimate agent gives you their MARN without hesitation. If someone becomes vague, offers to "work under" another person's registration, or tells you it is unnecessary, walk away. A licence or qualification issued in another country is not the same thing as MARA registration, wherever the person is based. You can do the same check on us. We would rather you did.

What a Registered Agent Must Do Under the Code of Conduct

Registration is not just a licence number. It comes with duties you can hold an agent to. Under the Migration Agents Code of Conduct, a registered agent must:

• Be honest with you about your chances of getting the visa, including when the chances are poor.

• Keep you informed about the progress of your application and about any change that could affect it.

• Be reachable during business hours and tell you if their contact details change.

• Act lawfully, in your best interests, and protect your privacy.

• Disclose any conflict of interest and decline to act if a conflict exists.

• Give you timely, accurate advice, and tell you promptly in writing about the outcome of your application.

• Disclose to the department that they have given you assistance, rather than working in the background.

This is the main difference you are paying for. An agent who tells you what you want to hear is breaking the first duty on that list, not providing a service.

Fees, Written Agreements and Your Money

Money is where many disputes begin, so it is worth knowing what a registered agent is expected to do before you hand anything over.

• A written statement first. Before starting work, the agent must give you a written statement of the services they will provide, together with estimated fees and other costs.

• A reasonable fee. The fee must be reasonable for the work involved, and government charges should be shown separately from the agent's own fee.

• Advance payments kept separate. If you pay in advance, the agent must hold that money in a separate bank account, not mix it with their own funds.

• An invoice for the work done. The agent must give you an invoice that lists the services actually completed and the amount owing.

If an agent asks for a large payment up front by cash, will not put fees in writing, or cannot say what the money covers, treat that as a reason to stop and ask questions.

Why Your Responsibility Does Not Transfer to Your Agent

This is the point that catches people out. When you lodge a visa application, you declare that the information in it is true and correct. Paying an agent does not move that responsibility to them.

If a claim, date or document in your application turns out to be false or misleading, the consequences land on you. That can include refusal of the application, a record of an integrity concern on your file, and in some cases a period during which you cannot be granted certain visas. The agent may face discipline as well, but that does not undo the damage to your application.

• Read what is being lodged in your name before it goes in.

• Ask your agent to explain any claim or document you do not understand.

• Never agree to include a claim you know is untrue, however confident the agent sounds.

• Keep copies of everything submitted and everything you were told, preferably in writing.

Red Flags of a Non-Compliant Agent

In our experience working with Nepali students and workers, these are the warning signs that come up again and again.

• Guaranteed outcomes. Phrases like "100 percent approval" or "visa guaranteed". Nobody outside the department controls the decision.

• Pressure to lodge a claim you know is weak. Being told to overstate experience, change dates or submit documents you cannot support. This is exactly the behaviour the government says it will target.

• Reluctance to provide a MARN or written terms. If they will not put fees and services in writing, assume you will not be able to enforce anything.

• Cash-only payments with no receipt or invoice.

• Asking you to sign blank forms or to hand over your ImmiAccount login without explanation.

• Offers to buy documents, such as fake work experience letters or bank statements. This can lead to a refusal and a lasting integrity record on your file, and it puts you at risk of a ban on some visas.

• Being an education or course agent only, yet advising on your visa. If they have no MARN and are not a lawyer, they should not be giving visa advice.

• Not wanting to be named on your application. Registered agents are expected to disclose that they have given assistance. Someone who prefers to stay hidden may be avoiding accountability.

 

 

What to Expect From a Registered Consultation

• A clear, honest assessment of your eligibility. Including the possibility that your plan will not work, and what the alternatives are.

• Transparent fees. What is covered, what is not, and what government charges are payable on top.

• A written service agreement before work starts.

• Realistic timeframes based on published processing information, not promises.

• Your documents, your decisions. You should be able to see what is being lodged in your name.

A consultation that only tells you what you want to hear is not a good consultation. The most valuable thing a registered agent often does is tell a client that a claim is not ready, and explain how to fix it.

Questions to Ask Before You Hire an Agent

A short list of questions gives you a fair picture of an agent in the first meeting. A good agent will welcome them.

• What is your MARN, and can I check it on the register myself?

• Will you give me a written statement of services and estimated fees before you start?

• What is included in the fee, and what government charges will I pay on top?

• How do you handle money I pay in advance?

• What are my realistic chances, and what could go wrong?

• Who will actually work on my file, and how do I contact them?

• Will you be named on my application as my representative?

• What happens if my application is refused?

If Something Goes Wrong: Complaints and Reporting

If you are unhappy with a registered agent, you have options that you would not have with an unregistered operator.

• Raise it with the agent first. Many problems are resolved with a direct, written conversation.

• Complaint to OMARA. If that does not work, you can lodge a complaint with OMARA, which investigates complaints about registered agents and can discipline them where appropriate. Making a complaint does not affect your visa application.

• Know the limits. OMARA cannot help with your visa or sponsorship matter, and it cannot order an agent to refund your fees. For a fee dispute you may need other advice.

• Report unlawful assistance. If someone who is not registered is charging for immigration assistance, OMARA's website links to an online Border Watch form for reporting it.

Keep every email, message, receipt and agreement. A clear paper trail makes any complaint far stronger.

Frequently Asked Questions

Q1.  What Is MARA Registration?

It means a person is registered with the Office of the Migration Agents Registration Authority (OMARA), which regulates migration agents in Australia. Registered agents hold a MARN, follow a Code of Conduct and can be disciplined through a formal complaints process.

Q2.  How Can I Check if My Migration Agent Is Registered?

Ask for their MARN and search it on the official register at mara.gov.au. Confirm that the name and business match the person you are dealing with and that the registration is current.

Q3.  What Happens if I Use an Unregistered Agent?

In general, giving immigration assistance for a fee without being registered is not permitted. You would have no access to the regulator's complaints process, and you remain responsible for everything in your application. A poor lodgement can lead to a refusal and affect future applications.

Q4.  Can a Registered Agent Guarantee My Visa Will Be Approved?

No. The decision belongs to the Department of Home Affairs or a tribunal. A registered agent can assess your case, prepare it properly and represent you, but anyone who guarantees a result is making a promise they cannot keep.

Q5.  Who Is Legally Allowed to Give Immigration Assistance in Australia?

Three groups: registered migration agents, Australian legal practitioners who hold a practising certificate, and a narrow group of exempt persons who help without charging a fee, such as a sponsor, nominator or close family member. Anyone else giving immigration assistance commits an offence.

Q6.  Can a Lawyer Help With My Visa Instead of a Migration Agent?

Yes, if they hold an Australian practising certificate and give the assistance as part of their legal practice. Lawyers do not need to be on the MARA register. You can still ask about their experience in migration matters, written fees and who will work on your file.

Q7.  Is an Education Agent the Same as a Migration Agent?

No. An education agent helps with course and college choices and enrolment. Education agents are not exempt from the registration rules, so if they also give visa advice or prepare your visa application, they must also be a registered migration agent or a legal practitioner. Ask for a MARN if visa advice is involved.

Q8.  What Does the Migration Agents Code of Conduct Require?

In summary, the agent must be honest about your chances, keep you informed, be reachable, act lawfully and in your best interests, protect your privacy, disclose conflicts of interest, give timely and accurate advice, and tell you in writing about the outcome of your application.

Q9.  Must a Registered Agent Give Me a Written Agreement?

Yes. Before starting work, a registered agent must give you a written statement of the services they will provide, along with estimated fees and other costs. If an agent refuses to put this in writing, treat it as a warning sign.

Q10.  Is the Money I Pay in Advance Protected?

Registered agents must keep advance payments in a separate bank account, not mixed with their own funds, and must give you an invoice listing the services actually completed. If an agent asks for cash with no record, ask for a written agreement and invoice first.

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