Applying for an Australian visa can be exciting, but it can also be confusing. With more than 100 visa subclasses and constantly changing immigration laws, many applicants wonder whether they should seek professional advice.
In Australia, only certain people are legally authorised to provide immigration assistance. In most cases, this means a Registered Migration Agent (RMA), an Australian legal practitioner or another exempt person under Australian law. This guide from our expert Timea Pocze-Graf of Emigrate-to-Australia explains what a Registered Migration Agent is, when you may benefit from using one and how to make sure you are receiving advice from someone who is properly authorised.
Who This Information Is For
This guide may be helpful if you are:
* applying for your first Australian visa
* planning to migrate permanently
* applying for a Skilled, Employer Sponsored, Partner, Parent or Student visa
* unsure which visa is right for your circumstances
* concerned your application may be complicated
* applying after a previous visa refusal or cancellation.
Whether you are applying from Australia or overseas, understanding who is legally authorised to provide immigration assistance is an important first step.
What Is a Registered Migration Agent?
A Registered Migration Agent is a professional who is registered with the Office of the Migration Agents Registration Authority (OMARA), which forms part of the Australian Government.
To become registered, migration agents must meet strict professional standards. These include educational requirements, ongoing professional development and compliance with the statutory Code of Conduct. They are also subject to regulation and complaints procedures administered by OMARA.
Only Registered Migration Agents and Australian legal practitioners may generally charge a fee for providing immigration assistance.
Before appointing anyone to assist with your visa application, you should check that they appear on the official Register of Migration Agents.
Useful Australian Government resources include:
- [Using a Registered Migration Agent](https://immi.homeaffairs.gov.au/help-support/who-can-help-with-your-application/using-a-migration-agent?utm_source=chatgpt.com)
- [Search the Register of Migration Agents](https://portal.mara.gov.au/search-the-register-of-migration-agents/?utm_source=chatgpt.com)
- [OMARA Consumer Guide](https://www.mara.gov.au/notices-and-reports/guides-and-factsheets/consumer-guide?utm_source=chatgpt.com)
Why Use an official Registered Migration Agent?
While many visa applicants successfully lodge their own applications, professional assistance may provide valuable support, particularly where the application is complex.
A Registered Migration Agent can:
* explain which visa options may be available
* identify the evidence needed before lodging an application
* help prepare supporting documentation
* ensure forms are completed correctly
* communicate with the Department of Home Affairs where authorised
* provide advice based on current Australian migration law
* assist if additional information is requested during processing.
Importantly, no migration agent can guarantee that a visa will be granted. Visa decisions are made solely by the Department of Home Affairs.
Step by Step Process
If you decide to appoint a Registered Migration Agent, the process usually involves:
Step 1: Discuss your circumstances and migration goals.
Step 2: Receive advice about the visa options that may suit your situation.
Step 3: Sign a written service agreement outlining the work to be undertaken and the professional fees.
Step 4: Complete Form 956 to appoint your Registered Migration Agent if they will represent you before the Department of Home Affairs.
Step 5: Provide the required documents and supporting evidence.
Step 6: Your application is lodged and managed throughout the assessment process.
Even where an agent prepares the application, you remain legally responsible for ensuring that all information provided is truthful and accurate. Providing false or misleading information can lead to a visa refusal or cancellation.
What are the Common Mistakes Applicants Make?
Many visa problems arise because applicants unknowingly make avoidable mistakes.
Common examples include:
* using an unregistered adviser
* choosing the wrong visa subclass
* submitting incomplete documentation
* relying on outdated immigration information found online
* misunderstanding English language or skills assessment requirements
* failing to disclose previous visa refusals or criminal history
* assuming a visa is guaranteed because someone has paid an adviser.
Checking that your adviser is registered with OMARA is one of the simplest ways to protect yourself.
Costs and Processing Times
Professional fees charged by Registered Migration Agents vary depending on the complexity of the matter and the services provided.
Australian Government visa application charges also vary significantly between visa subclasses.
Processing times depend on many factors including:
* the visa category
* application volumes
* whether all required documents have been supplied
* security, health and character checks.
When Professional Advice May Help
Some applicants may benefit more than others from professional migration advice.
Examples include:
* previous visa refusals or cancellations
* complicated family situations
* employer sponsored visas
* health or character concerns
* skills assessment issues
* business or investment migration
* uncertain eligibility
* applications involving multiple visa options.
Professional advice can also provide reassurance where applicants simply want guidance through what can be a detailed legal process.
Frequently Asked Questions
Is it compulsory to use a Registered Migration Agent?
No. Many applicants lodge their own visa applications. However, if you choose professional assistance, you should ensure your adviser is properly authorised under Australian law.
How do I know if a migration agent is registered?
You can search the official Register of Migration Agents maintained by the Australian Government using the agent’s name or Migration Agent Registration Number (MARN).
Can a Registered Migration Agent guarantee my visa will be approved?
No. Only the Department of Home Affairs can decide whether to grant a visa.
### Can I change my migration agent?
Yes. If you appoint a different Registered Migration Agent, you can submit a new Form 956 to notify the Department of Home Affairs.
What should I do if I have concerns about my migration agent?
The Office of the Migration Agents Registration Authority provides information about complaints and consumer protections for people using Registered Migration Agents.
Can someone who is not registered give me immigration advice?
Australian law restricts who may lawfully provide immigration assistance. In most circumstances, only a Registered Migration Agent, an Australian legal practitioner or another exempt person is authorised to provide this assistance.
Disclaimer
Government fees, eligibility requirements and processing times can change. Always check the Department of Home Affairs website or seek professional advice before lodging an application.
