On 16 September 2026 the Office of the Migration Agents Registration Authority wrote to every registered migration agent. The message reminded agents of their obligations when they hold a client’s money. Those rules sit in sections 49, 50 and 51 of the Code of Conduct.
The reminder was written for agents. However, the rules exist to protect clients. This article explains them from the client’s side.
A deposit needs a signed agreement
OMARA said that a deposit before work starts must be clearly provided for in a signed service agreement. Therefore, a client should not pay anything until that agreement exists.
For example, a recent Tribunal decision shows what happens otherwise. In Vevers and Migration Agents Registration Authority [2026] ARTA 1830, an agent received money before a signed agreement was in place. The Tribunal found several breaches of the Code and suspended the agent’s registration.
The money must sit in a client account
In addition, under the Code, client funds must go into a financial institution account kept exclusively for client money. In other words, the deposit is not the agent’s money yet. It stays the client’s money until the Code allows a withdrawal.
When an agent can take fees
Next, OMARA set out the rule on fees directly. An agent may withdraw money for professional fees only after giving the client a Statement of Services. Section 313 of the Migration Act requires that statement. Importantly, it must set out the services performed and the charge for each service.
OMARA also listed the other permitted withdrawals.
- Department of Home Affairs charges and Administrative Review Tribunal charges.
- Disbursements that the service agreement authorises.
- Refunds to the client.
- A transfer to another registered agent at the client’s direction.
What happens if the rules are not followed
Finally, OMARA’s message included an important warning. Where an agent withdraws fees before issuing a Statement of Services, the client may be entitled to recover those fees as a debt.
In addition, OMARA told the Migration Institute of Australia that it received 378 complaints in the past year. Those complaints led to 28 sanction decisions. Complaints about fees paid for services not received were among them.
Three questions to ask before paying
- Is there a signed service agreement that sets out the fees and the disbursements?
- Will the deposit go into a client account?
- Will I receive an itemised Statement of Services before any fees are taken?
Lawyers and registered agents are regulated differently
The Code of Conduct applies to registered migration agents. Since 22 March 2021, an Australian lawyer with an unrestricted practising certificate can give immigration assistance without OMARA registration. Lawyers are regulated under the legal profession laws of their state or territory. Those laws carry their own strict trust accounting rules for client money.
As a result, the right check depends on the adviser. For a registered agent, check the OMARA register. For a lawyer, check the register of the relevant law society or legal services authority.
Costs in employer sponsored matters
Fees become more complicated when an employer is involved. For example, a subclass 482 sponsor cannot pass sponsorship and nomination costs to the worker. Similarly, a subclass 186 nominator must pay the Skilling Australians Fund charge. Our article on 482 sponsorship costs for employers explains who pays what.
For partner visa clients, our article on partner visa costs in 2026 sets out the government charges and the other costs to expect.
Frequently asked questions
Can a migration agent ask for a deposit?
Yes, but OMARA says the deposit must be clearly provided for in a signed service agreement.
Where must a migration agent hold my deposit?
Under the Code of Conduct, client funds must go into an account kept exclusively for client money.
What is a Statement of Services?
It is a statement required by section 313 of the Migration Act. It sets out the services performed and the charge for each service.
What if fees were taken without a Statement of Services?
OMARA says the client may be entitled to recover those fees as a debt.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Sources: OMARA communication to registered migration agents, 16 September 2026, as published in MIA Notice 16 of 18 September 2026, and MIA Notices 12 and 13.
Questions about a fee arrangement?
We are happy to explain how our own fees and service agreements work. Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au.
This article is general information only. It is not legal advice. Please seek advice about your own circumstances before you act.
