Immigration Agent vs Migration Agent Australia: Is There a Difference?

The Short Answer: 'Immigration Agent' and 'Migration Agent' Mean the Same Thing

In Australia, the terms 'immigration agent' and 'migration agent' are used interchangeably in everyday conversation and in Google searches. They both refer to the same category of professional: a person who provides immigration assistance. The legally recognised title in Australia is registered migration agent. This title is protected under the Migration Act 1958. A person who charges money for (or offers) immigration assistance must be a registered migration agent or an Australian legal practitioner. Using the title 'migration agent' or 'immigration agent' without registration is a criminal offence under Australian law. The regulator is the Office of the Migration Agents Registration Authority (OMARA). OMARA maintains the public register of all currently registered migration agents in Australia — and only people on that register are legally permitted to assist you with your visa for payment.

What Is a Registered Migration Agent (RMA)?

A registered migration agent is a person who has: completed the Graduate Certificate in Australian Migration Law and Practice (or equivalent), passed a registered migration agent exam, met OMARA's character requirements, holds current professional indemnity insurance, and is registered with OMARA with an active registration number (MARN). Registered migration agents must: follow the OMARA Code of Conduct; keep accurate client records; maintain continuing professional development (CPD) to stay current with frequent legislative and policy changes; not charge for services they haven't performed; provide written agreements and itemised invoices. Their registration is renewed annually and can be suspended or cancelled by OMARA for breaches of the Code of Conduct. You can verify any agent's registration instantly on the OMARA public register at immi.homeaffairs.gov.au/search/mara.

What Is an Immigration Lawyer?

An immigration lawyer is an Australian legal practitioner (solicitor or barrister) who also practises immigration law. They are regulated by the relevant state or territory Law Society, not OMARA. Australian legal practitioners are legally permitted to provide immigration assistance as part of the practice of law. Some practitioners are both registered migration agents and legal practitioners — dual registration is common among experienced immigration lawyers. The practical difference between a migration agent and an immigration lawyer is mainly in the type of matters they handle: Migration agents: handle most routine and complex visa applications, skilled migration, family visas, employer-sponsored visas, appeals to the Administrative Review Tribunal (ART). Immigration lawyers: additionally handle Federal Court judicial review, character matters, ministerial interventions, and complex refugee/protection visa work. For most standard visa applications — skills, family, student, employer-sponsored — a registered migration agent is entirely sufficient. You do not need a lawyer for most visa applications.

Who Is Not Allowed to Charge You for Immigration Help?

The following categories of people are not legally permitted to charge you for immigration assistance in Australia: immigration consultants (not registered as agents), education agents (unless they hold a MARN), travel agents (unless registered as migration agents), community 'helpers' or informal advisers (unless registered), friends or family who charge a fee. Note that education agents can legally assist with student visa applications under specific exemptions — they can provide information about courses and lodge student visa applications through their exemption, but they cannot provide immigration advice about other visa types or complex situations without being registered. The line is subtle, and some education agents cross it. Anyone who provides immigration advice and charges for it without holding a MARN or being an Australian legal practitioner is operating illegally, regardless of what title they use.

How to Verify an Agent Is Registered

Before you engage anyone for immigration assistance in Australia, verify their MARN (Migration Agent Registration Number) on the OMARA public register. Go to immi.homeaffairs.gov.au/search/mara and search by name or MARN. Check that: the registration status shows 'current' (not suspended, cancelled, or lapsed); the registered name matches the person or firm you are engaging; the MARN matches the number on any quote or contract they have provided. On Migratio, all agents in our directory are sourced from the MARA register — every agent listed is a registered migration agent with a current MARN. Each agent profile links to their OMARA entry so you can verify independently. You should always verify registration directly with OMARA, not just take the agent's word for it.

What Should You Expect From a Registered Agent?

A registered migration agent must: provide you with a written client agreement before starting work, outlining services, fees, and your rights; give you a copy of the Consumer Guide (an OMARA publication explaining your rights); keep you informed of progress on your application; not make misleading or deceptive representations about your visa prospects; provide itemised invoices for all fees charged; keep your documents and personal information secure; not retain your original documents without a legitimate reason. If something goes wrong, you have formal avenues for complaint: to OMARA (for agent conduct issues) and, if financial loss occurred, potentially through your state or territory small claims tribunal. Engaging an unregistered adviser means you have none of these protections — no regulated conduct, no insurance, no complaint mechanism.

Can I do my own visa application without an agent?

Yes. You can lodge most Australian visa applications yourself through the Department of Home Affairs ImmiAccount portal. An agent is not legally required. However, for complex visa types (employer-sponsored, parent visas, appeals, character waivers, second visa applications after a refusal), a registered migration agent significantly reduces risk.

Are offshore migration agents (overseas) legal?

A migration agent based outside Australia must still be registered with OMARA if they provide immigration assistance to applicants going to Australia. International 'visa consultants' who are not OMARA-registered are not legally authorised to assist with Australian visas, regardless of where they operate from.

What is the difference between a migration agent and an education agent?

An education agent assists prospective international students with course selection and enrolment. They can lodge student visa applications under an exemption without being a registered migration agent. However, they cannot advise on non-student visas or complex immigration matters. A registered migration agent can advise on all visa types.

Is there a price regulation for migration agents?

No — OMARA does not regulate fees. Prices vary widely between agents and firms. Reputable agents charge $1,500–$6,000+ for standard applications; complex matters (parent visas, ART appeals) can be significantly more. Always get a written fee agreement before engaging an agent.