Most complaints about fees start with a gap at the beginning of a matter: an agreement that was never signed, a fee that was never written down, or a consumer guide nobody can prove was given. This guide summarises what the Code of Conduct for registered migration agents requires before work starts, what a well-drafted agreement usually covers, and how to keep the record against the client in AgentDS.
It is written for practices, to help organise the paperwork. It does not replace reading the Code itself, and it is general information, not legal advice.
Where the rules come from
The current Code of Conduct took effect on 1 March 2022 and is prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021. OMARA says agents must comply with it to remain on the Register, and a breach can lead to a caution, suspension, cancellation or a bar on re-registering (OMARA, Code of Conduct). The section numbers below are from the Code of Conduct PDF published by OMARA.
What must be in place before you start work
A signed service agreement (section 42). Apart from an initial consultation, an agent must not give immigration assistance unless a service agreement is in force that covers the assistance and authorises the agent to act. It must be in writing, signed by the client, and signed by the agent or another agent in the business.
The consumer guide (section 38). An agent must not give immigration assistance unless the client has been given a copy of the consumer guide. The agreement itself must state that the guide was given.
No money before the agreement (section 51). An agent must not receive fees or disbursements for immigration assistance before a service agreement covering it is in force, and must take reasonable steps to make sure staff don't either. A fee for an initial consultation is the exception.
The initial consultation exception (section 43). Advice at a first consultation can be given without an agreement. The agent must tell the person their MARN, any fee must be reasonable, and the invoice and receipt rules still apply. Only the first consultation on a particular matter counts.
What the agreement must include
Section 42(3) and Division 3 of the Code set out the contents. In practice, an agreement usually includes:
- Each client's details: name, date of birth, email address (if any) and residential address. One agreement can cover more than one client.
- Agent details: the name, MARN and contact details of the signing agent and each agent expected to give assistance.
- The work to be done, described clearly enough that both sides know when it is finished.
- A statement that the consumer guide was given.
- What happens to the client's file if the agreement ends early or when the work is complete.
- Fees, as an hourly rate with a reasonable estimate of time, or as a fixed fee, including any GST (section 46).
- Likely disbursements, with the amount or a reasonable estimate, and whether the client pays directly or the practice pays on their behalf (section 47).
- Payment terms, and any interest on unpaid amounts (section 48).
- A fair and reasonable refund policy (section 52). Refunds must be paid within 14 days of becoming payable.
Variations need written notice to each client, with reasons, and written agreement before they take effect (section 44). OMARA's guidance also covers agreements with business sponsors, and notes that where one agreement covers a sponsor and a visa applicant, it must be signed by each client and contain each client's details (OMARA guidance, March 2022). That matters for employer-sponsored work and for partner matters.
Invoices, receipts and the statement of services
Under section 49, a client must not be charged a fee or disbursement unless they receive an itemised invoice describing the work, and after they pay they must receive a receipt that identifies the work and the invoice. The Code also notes that, under section 313 of the Migration Act, an agent is not entitled to be paid for immigration assistance unless they give a statement of services setting out each service and its charge.
OMARA's page on the Migration Agents Regulations 2026 says the 28-day period for the statement of services starts on the day of the decision on the visa, review, nomination or sponsorship application, or Ministerial request, or on the day the service agreement ends if the assistance ends first (OMARA legislative changes).
What the client file must hold
Section 56 requires a client file that includes copies of the application, every service agreement and variation, written communications, records of oral communications, invoices and receipts, personal documents and evidence that originals were returned. Section 55 requires a contemporaneous written record of oral instructions and advice. Files must be kept for 7 years after the last action, and returned documents must go back within 14 days of a written request (section 54).
Recording it against the client in AgentDS
Make the agreement a checklist item. In your reusable document checklist template, put "Signed service agreement", "Consumer guide given" and "Agreement variation (if any)" at the top of every matter. Attach the signed PDF to the document record. Uploads are stored privately in Australia and checked for malware before anyone can open them (security).
Add a first stage called "Agreement signed". In visa application tracking, make it the first service stage, so no one moves the matter to evidence gathering until it's done.
Invoice records that match the agreement. Create invoice records using the same stages and descriptions as the fee schedule in the agreement, record money received, reconcile balances and print an invoice copy for the client. Recorded payments and balance reconciliation keep the file matched to the agreement, and client money still goes through your own account arrangements.
Notes for every conversation. Add a case note after each call or meeting. The activity timeline on the client keeps calls, emails, follow-ups and notes together, and carries over when a lead converts to a client.
Dates for the end of the matter. Record the decision date as a task or application date so the statement of services is prepared on time. Deadline reminder emails reach the owner and the responsible person at 90, 60, 30 and 7 days, and on the day.
Export whenever you need to. You can export all your data as CSV at any time, which helps if a file ever needs to be produced or transferred.
Frequently asked questions
Do I need a service agreement for an initial consultation?
No, under section 43 of the Code, but you must give the person your MARN, any fee must be reasonable, and invoice and receipt rules still apply.
Can one agreement cover a sponsor and a visa applicant?
The Code allows one agreement to cover more than one client. OMARA's guidance says it must be signed by each client and include each client's details.
Can I take a deposit before the agreement is signed?
Section 51 says an agent must not receive fees or disbursements for immigration assistance before a service agreement is in force, other than an initial consultation fee.
Where do I keep the signed agreement in AgentDS?
Attach it to a document record on the client's checklist, and record the matching invoice records, payments and case notes against the same client.
How long must I keep the client file?
Section 56 of the Code says 7 years after the last action on the file.