Choosing a Migration Agent
Choosing a Registered Migration Agent
Using a registered migration agent
Australia’s migration agents are amongst the most professional in the world. They play an important role in the delivery of the government’s migration programs, whether it’s helping companies bring in skilled workers to build our economy or helping families bring loved ones here to live with them.
A registered migration agent (RMA) can make the process of migration easier and more effective for you.
If you use a registered migration agent you will have a professional on your side to guide you through the visa application process, handle all the paperwork and present your case in the strongest possible way.
Australian migration law is complex and subject to frequent change. Using an RMA maximises your chances of a successful outcome, as you are dealing with a professional with proven knowledge of Australian migration law and practice.
You also save a great deal of time, as an RMA will take responsibility for seeing that the application is prepared accurately and the correct documentation is submitted.
An RMA will also follow up with the processing office after lodgement to minimise delays and comply with documentation requests, as well as keeping you informed about the status of your application and any relevant changes to policy or regulations that could affect the outcome.
Knowledge, ethics and professionalism
People giving migration advice and assistance in Australia must be registered with the Migration Agents Registration Authority (MARA).
To be registered, an individual who does not hold a legal practising certificate must complete the Graduate Certificate in Australian Migration Law and Practice offered by four Australian universities.
This graduate certificate demonstrates that RMAs have a sound knowledge of immigration law and procedure.
Once a prospective agent has passed the course and applies for registration, the MARA checks to ensure that there are no criminal convictions, bankruptcy or other matters that may affect an applicant’s fitness to provide migration advice.
RMAs are required to undertake continuing professional development to ensure that their knowledge is kept up to date.
Consumer protection
Once registered, an agent must practice in accordance with a Code of Conduct which is incorporated in Australian migration law. The Code is available on the MARA website www.themara.com.au.
The MARA can help consumers with finding an agent and advice about the fees that agents might charge. It may also be able to help if you have a dispute with an agent. If you do not use a registered migration agent, the MARA can’t help you with any problems you may have with them.
However, the MARA cannot offer advice or assistance with visa applications.
If you are dissatisfied with the service you receive or feel your RMA has breached the Code of Conduct, you can lodge a complaint with the MARA and it will be thoroughly investigated.
Where agents are found to be dishonest, incompetent or in breach of the Code of Conduct, they can be cautioned, sanctioned or their registration can be cancelled.
It is important to note that the MARA does not have the power to award damages or determine compensation, impose a penalty or fine, impose criminal sanctions or give legal advice.
The MARA has no jurisdiction over unregistered migration agents operating either in Australia or overseas, unless the agent has been registered with the MARA in the 12 months preceding receipt of the complaint.
Choosing your agent
Your best protection is to ensure that you use a registered migration agent. Ask your agent for their Migration Agents’ Registration Number (MARN) and if in any doubt ask to see a copy of their Registration Certificate.
If you don’t have a recommended migration agent to help you with your visa application, you might want to look around.
To help you decide which agent to use, you could ask agents about their experience in the type of visa you are applying for, the type of service they will provide for you and how much that service will cost.
You should also ask how long it will take to get the type of visa you want to get and what their success rate has been.
When you have chosen your migration agent, you should sign a fee agreement with them that outlines the services they will provide for you and what you will be charged for those services.
This should include a fixed or hourly fee for the service as well as other expenses such as translation costs, telephone calls, postage, reports and visa application fees.
Before giving you any advice, agents must give you a copy of a booklet called Information on the Regulation of the Migration Advice Profession. It is also available on the MARA website.
The Migration Institute of Australia
The Migration Institute of Australia Limited (the MIA) is the professional body representing the migration advice profession in Australia.
If your RMA is a member of the MIA, this will provide you with a second layer of consumer protection. You can check on their membership by asking for their MIA membership number and, if in any doubt, their membership certificate.
MIA members are leaders in their field and must comply with the Institute’s Code of Ethics, in addition to the MARA’s Code of Conduct.
The Code of Ethics covers aspects of the professional conduct of migration agents including standards of professional conduct, continuing professional development, obligations to clients, records, financial duties, termination of services, duties of agents in relation to employees, complaints, dispute resolution, relations between agents and professional indemnity insurance.
The Code is available on the MIA website www.mia.org.au
The MARA is a division of the MIA. The Institute was appointed by the Australian Government in 1998 to run the MARA.
