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There’s a legal answer to this before there’s a practical one. Under the Migration Act 1958, only registered migration agents, Australian legal practitioners and a few exempt categories can lawfully be paid to give immigration assistance in Australia.
So if someone is charging you for advice on your visa and isn’t on the register, they’re operating outside the law, and you’re the one whose application carries the risk.
What Registration Takes
Registered agents are regulated by the Office of the Migration Agents Registration Authority. Getting registered means either holding an Australian legal practising certificate or completing a graduate diploma in Australian migration law and practice and passing a capstone exam afterwards. Staying registered means annual professional development and compliance with a binding Code of Conduct.
That framework has recently been tightened. Four new legislative instruments strengthening the regulation of registered agents came into effect on 1 April 2026.
What Happens When Agents Get it Wrong
This is the part most people never look at. OMARA investigates complaints and can caution, suspend or bar agents outright. Published sanctions cover exactly the behaviour that wrecks applications: putting false or misleading information into visa applications, failing to disclose that assistance was given, and using template statements that didn’t reflect the individual client’s circumstances.
That last one deserves a moment. Template statements are a well-known cause of Genuine Student refusals. If an agent hands you a pre-written statement with your name dropped into it, you’re being set up to fail, and you’re the one signing it.
Migration Agent and Education Agent Are Not The Same Job
An education agent earns commission from institutions for enrolling students. Many are competent and honest, and for narrowing down universities they can genuinely help. But their income depends on your enrolment, not on where you end up in five years, and they aren’t authorised to give migration advice.
A registered migration agent is paid by you, owes professional duties to you, and answers to a regulator if things go wrong.
When it Really Matters
A clean, simple application can often be lodged without help. Get proper advice when the complexity rises: a previous refusal or cancellation, odd gaps in your study or work history, health or character issues, complicated family circumstances, or any situation where several visa options are in play and the choice between them is strategic.
Checking Someone is Genuine
Every registered agent has a MARN, a Migration Agents Registration Number. Look it up on the OMARA register, confirm the name matches and the registration is current, and do it before any money changes hands.
Ask for a written services agreement covering the fee and what it includes. And be wary of anyone guaranteeing you a visa, quoting success rates they can’t evidence, or asking you to sign things you haven’t read. Nobody can promise you an outcome, for the simple reason that nobody making the promise is making the decision.