The short answer. Under the Code of Conduct for registered migration agents, you must create and maintain a client file for every client, make a contemporaneous written record of oral communications with clients, keep copies of service agreements, written communications, invoices, receipts and client documents on that file, and keep each client file for 7 years after the last action on it. OMARA can ask to see a client file in writing, and you must give it access.
This guide sets out each requirement as a checklist, with the section it comes from, and then shows how a CRM can help your team keep the file complete. This is general information, not legal advice.
Where the rules come from
The Code of Conduct is prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021. It has applied since 1 March 2022, and the latest compilation on the Federal Register of Legislation took effect on 1 April 2026. Record keeping sits in Part 3, Division 5 (sections 55 and 56), with related duties on service agreements, invoices, client money, documents and termination in the same Part. Section references below are to that instrument unless stated.
Two related points are worth knowing. The Migration Agents Regulations 1998 were repealed on 1 April 2026 and replaced by the Migration Agents Regulations 2026. The new regulations set the timing for a statement of services (regulation 42) and list the client records OMARA can require an agent to produce (regulation 36). If older guides or templates in your practice cite the 1998 regulations, or the former Code in Schedule 2 of those regulations, update the references.
Read the current Code on the OMARA website or the Federal Register of Legislation.
The record keeping checklist
| Record | What to keep | Source |
|---|---|---|
| Client file | A file created and maintained for every client. One file can cover members of the same family unit, unless a client asks for their own. Paper, electronic or both. | s 56(1), (3), (4) |
| The application | A copy of the client's application or other immigration matter. | s 56(2)(a) |
| Service agreement | The signed written agreement and every variation, plus the written notice and written agreement for each variation. | ss 42, 44, 56(2)(b) |
| Written communications | Copies of all written and electronic communications with the client, and with anyone else about the client. | s 56(2)(c) |
| File notes | A contemporaneous written record of oral communications with the client, including the client's oral instructions and your oral advice. | ss 55, 56(2)(d) |
| Other conversations | Records of material oral communications with any other person or organisation about the client, such as a sponsor or the Department. | s 56(2)(e) |
| Invoices and receipts | Copies of every itemised invoice and every receipt you give the client. | ss 49, 56(2)(f) |
| Statement of services | The statement setting out each service performed and the charge for it. Under the Migration Act, you are not entitled to a fee without one. | Migration Act s 313; Migration Agents Regulations 2026 reg 42 |
| Client money | Records showing client money was paid into and out of a separate account with a financial institution only as the Code allows. You must be able to show OMARA this on request. | s 50 |
| Client documents | Copies of personal documents the client gave you, and evidence that any originals were safely returned. | ss 53, 54, 56(2)(g), (h) |
| Lodgement advice | Your written advice to the client that an application, submission or representation was lodged, and a copy of what was lodged. | s 39 |
| Termination notice | The written notice to the client, and a statement of client money received, paid out and remaining if you hold any. | s 57 |
| Retention | Each client file kept for 7 years after the last action on it, including files you receive from another agent. | s 56(5)-(7) |
Three details that are easy to miss
The statement of services has a clock. Regulation 42 of the Migration Agents Regulations 2026 sets a 28-day period that starts on the day of the decision on the visa application, cancellation review application, nomination or sponsorship application, or section 351 request. If the service agreement ends before a decision, it starts on the day the agreement ends. Check the Act and regulation for how the period applies to your matters.
Client money records are a record keeping job too. Section 50 limits what goes into and out of the account holding client money, and you must demonstrate compliance if OMARA asks (s 50(2)). Regulation 36 of the 2026 regulations lists client ledgers and client account documents among the documents OMARA can require.
Returned documents need evidence. Section 54 requires you to return documents the client is entitled to within 14 days of a written request. Section 56(2)(h) requires evidence of the safe return of originals on the file.
How a CRM helps you keep the file complete
The Code allows a client file to be kept electronically (s 56(4)). A CRM does not change your obligations, but it can make a complete file the default. Here is how the checklist maps to AgentDS features that work today.
One client record for the whole file. AgentDS keeps a connected client profile with the client's applications, notes, documents, tasks and fees in one place. When a lead becomes a client, you convert it without re-entering details.
File notes and the activity timeline. Record case notes alongside the client's work. The activity timeline on leads and clients shows calls, emails, follow-ups and notes, and it carries over when a lead converts, so notes from an initial consultation stay with the client. See our guide to file notes for migration agents for a free template.
Agreements, applications and client documents. Attach files to document records: the signed service agreement and variations, the lodged application, and client documents. Files are stored privately in Australia and checked for malware before anyone can open them. A reusable document checklist template can include every record in the table above, so each new matter starts with the same list.
Invoices and recorded payments. Create invoice records, record money received, reconcile balances and print an invoice copy. Keep using your client money account and accounting processes to meet section 50. See invoices and payments.
Lodgement and progress messages. Track each application's stages, prepare client messages as stages change and send them from AgentDS. AgentDS keeps a history of what changed.
Deadlines that belong to the file. Give the statement of services, a document return or a termination notice a task with an owner and a due date. Deadline reminder emails go to the owner and the responsible person when a recorded task date reaches 90, 60, 30 or 7 days, or falls due.
Access and security. Staff roles and case assignments control who sees each client's records, and two-step sign-in protects every new sign-in. See the security page.
Retention and exports. You can export all your data as a CSV file at any time. For the 7-year rule, decide where your retained copy of each closed file will live, and check it includes documents as well as data.
This is general information, not legal advice. Check the current Code, the Migration Act and the Migration Agents Regulations 2026, and get advice for your own practice.
Frequently asked questions
How long must a migration agent keep client files?
For 7 years after the last action on the file for the client (Code of Conduct s 56(5)). An agent who receives a file from another agent has the same duty (s 56(7)).
Do migration agents have to keep file notes?
Yes. Section 55 of the Code requires a contemporaneous written record of oral communications with a client about immigration assistance, including the client's oral instructions and the agent's oral advice.
Can a client file be kept electronically?
Yes. Section 56(4) allows a client file to be written, electronic, or partly both.
Are the Migration Agents Regulations 1998 still in force?
No. They were repealed on 1 April 2026 and replaced by the Migration Agents Regulations 2026. The Code of Conduct itself is in the Migration (Migration Agents Code of Conduct) Regulations 2021.
How does AgentDS help with invoice and payment records?
AgentDS keeps invoice records, recorded payments and balance reconciliation against each client, and prints invoice copies. Keep using your client money account and accounting processes.
Is there a free trial?
Yes. Every feature is free for 14 days for your whole team, with no card needed.