El Código de Conducta, en inglés sencillo: lo que su agente le debe

Every registered migration agent in Australia is bound by the Migration (Migration Agents Code of Conduct) Regulations 2021. It is not a voluntary industry charter. It is law, it is enforced by the Office of the Migration Agents Registration Authority, and breaching it can cost an agent their registration.

It is also short, readable and almost never read by the people it protects. This is what it gives you, in the order things actually happen.

Before anything else: the consumer guide#

It is a plain statement of what you are entitled to and how to complain. If you never received one, that is a breach on the first day of the relationship - and it is a useful thing to notice, because an agent who skips the first obligation rarely stops there.

On this platform the consumer guide has to be acknowledged before an agreement can be issued, and no invoice can exist before that. It is not possible to do it in the wrong order.

Then: the agreement, in writing, signed#

The agreement must set out what the agent will do, what it costs, and when payments fall due. Section 46 then requires the fee to be either fijo, o hourly with an estimate of the number of hours - and inclusive of GST either way.

"About $3,000, we'll sort the paperwork later" satisfies none of this.

Then, and only then: money#

This is the single most useful sentence in the Code for a consumer, and it is the one most often broken. There is no deposit, no retainer, no "file opening fee", no consultation charge that legitimately comes before the signed agreement.

Section 49 then requires that every payment be facturado antes de it is made, itemised, and con recibo después de. Section 50 requires unearned client money to be kept in a cuenta del cliente, separate from the agent's own money, until it is earned.

That last one matters more than it sounds. It means the money you paid for work not yet done is not the agent's money. It is yours, held by them.

Throughout: how they must behave#

• Sección 25 - advertising must show the agent's MARN, so you can check it.
• Sección 26 - an agent must not state they can procure a particular decision, must not guarantee a visa outcome, and must not imply any relationship with the Department or the Authority.
• Sección 34 - conflicts of interest must be identified and managed. If your agent also acts for your sponsoring employer, you are entitled to know.
• Sección 35 - your information is confidential.
• Sección 40 - the agent must act in your lawful best interests, competently and diligently.
• Sección 45 - the agent must keep you informed of the progress of your matter.

At the end: your file and your money#

• Sección 54 - your documents must be returned within 14 días de una solicitud.
• Sección 55 - on termination you are entitled to a statement of what was done and what was charged.
• Sección 56 - the agent must keep your file for siete años.

That seven-year retention is a quiet gift to clients. If something goes wrong in year three, the record exists and the agent is obliged to have it.

Complaints: they have to answer#

The Code requires an agent to have a complaints process, to respond to a complaint correctamente, and to co-operate with the Authority. "Properly" excludes a one-line dismissal, and it excludes silence.

If you complain and get nothing back, that failure is itself a matter you can take to OMARA - separately from whatever the original complaint was about.

What the Code does not do#

It does not guarantee you a visa. It does not make an agent responsible for a Department decision. It does not make a fee refundable because the answer was no.

What it does is make the proceso accountable: written scope, written price, money in the right order, records kept, documents returned, complaints answered. Almost every horror story in this industry is a failure of one of those, not a failure of migration law.

How VisaBid enforces the order#

The Code describes a sequence. Software is good at sequences, so this platform simply refuses to run them out of order:

1. The consumer guide is acknowledged. Until it is, no agreement can be issued.
2. The service agreement is generated from the accepted quote, so it cannot quietly say something different from what you agreed.
3. Both parties sign. Not one.
4. Only then does any payment request become possible. There is no button that would let an agent invoice you before this point - not hidden, not for special cases. It does not exist.
5. Cada pago se factura antes y se entrega recibo después.

An agent can still behave badly. What they cannot do is behave badly in this particular order and leave no record of it.

Preguntas que hace la gente#

Does the Code apply to immigration lawyers?#

No. Since 22 March 2021, Australian legal practitioners with an unrestricted practising certificate are not registered with OMARA and are not bound by this Code. They are bound by their own professional conduct rules and their state legal services commissioner, which cover much of the same ground - costs disclosure, trust money, conflicts, confidentiality - and in some respects go further. Different regulator, comparable protection.

My agent took a deposit before we signed anything. What now?#

That is a section 51 issue. Raise it with them in writing first and ask for the agreement to be put in place or the money returned. If you get nowhere, complain to OMARA. Keep the receipt and the dates - the sequence is the evidence.

Can an agent charge me for a phone consultation before I engage them?#

Charging for a consultation is not itself a problem, but taking the money before a written agreement is in place is. In practice a compliant agent will send you a short written agreement covering the consultation, you sign it, and then you pay.

The agent will not give my documents back. What can I do?#

Section 54 gives you 14 days. Ask in writing, referring to section 54, and keep the request. If the deadline passes, that is a straightforward complaint to OMARA and it is one of the complaints they act on most readily.

Where do I complain?#

For a registered migration agent, complain to OMARA. For an immigration lawyer, complain to the legal services commissioner in the state where they practise. For a billing or service dispute, you also keep every right you have under the Australian Consumer Law, and those rights cannot be excluded by any contract - including ours.