What Must Be in Your Migration Agent's Client Agreement? (OMARA Requirements)
Under the Migration Agents Code of Conduct, an OMARA-registered agent must give you a written service agreement before starting work. It must set out the services, itemise the fees (which must be fair and reasonable), and include a fair and reasonable refund policy. Read it carefully before you sign — it is your main protection.
Is a Written Agreement Required in Australia?
Yes. Under the Migration Agents Code of Conduct, RMAs must provide a written engagement letter before providing services.
What Must the Agreement Include
An engagement letter must contain:
- Client name and contact details
- RMA details: Name, registration number, business address, phone, email
- Services description: Exactly what will be provided
- Total fees and how calculated: Clear breakdown
- Payment terms: When payments are due
- Government fees: Clearly separated from RMA fees
- Refund policy: a fair and reasonable refund policy for fees and disbursements (must be stated)
- Complaint procedure: How to lodge a complaint against the RMA
The Refund Policy (Not a Cooling-Off Period)
Australia no longer has a fixed cooling-off period for migration agent agreements. Instead, the current Code of Conduct requires your service agreement to include a fair and reasonable refund policy, and any refund you are owed must be paid within 14 days. You can also stop using the agent at any time.
Red Flags
- No written agreement provided
- RMA registration number is missing or incorrect
- Fees mixed with government fees (no separation)
- No refund policy, or “no refunds under any circumstances”
- Pressure to sign without time to read
Your Rights
- A fair and reasonable refund policy, with refunds paid within 14 days
- Access all your files and correspondence
- Stop using the agent at any time
- Lodge complaints with OMARA
If Your RMA Refuses an Agreement
Report to OMARA immediately at omara.gov.au. This is a serious Code violation.
Frequently Asked Questions
Is a written agreement required in Australia?
Yes. Under the Migration Agents Code of Conduct, an agent must give you a written service agreement before providing services.
What must the agreement include?
Your details and the agent's details, the scope of services, itemised fees (which must be fair and reasonable), payment terms, and a fair and reasonable refund policy.
Is there a cooling-off period?
No. Australia no longer has a fixed cooling-off period for migration agent agreements. Instead, your agreement must include a fair and reasonable refund policy, you can stop using the agent at any time, and any refund owed must be paid within 14 days.
What if the agent refuses to provide an agreement?
This breaches the Code of Conduct. Report them to OMARA immediately.