Your rights
What you are entitled to from a migration agent
Every registered migration agent in Australia is bound by the Code of Conduct. This is the short version of what that means for you.
This page summarises rights that exist in law regardless of anything VisaBid does. The official consumer guide is published by OMARA and your agent must give it to you before they give you any immigration assistance. If nobody has given you one, that is itself a breach.
Before any work starts
- You must be given the consumer guide (s38).
- You must have a written service agreement, signed, covering the work and authorising the agent to act (s42).
- The agent must not take any money from you before that agreement is in place (s51).
About fees
- Fees must be a fixed fee or an hourly rate with an estimate of hours, and must be fair and reasonable (s46).
- You cannot be charged beyond the estimate without agreeing in writing first.
- You must get an itemised invoice before being charged and a receipt after paying (s49).
- Money you have paid that has not yet been earned must be held in a client account (s50).
What an agent must never do
- Say they can obtain a particular decision, or guarantee a visa (s26).
- Imply a relationship with the Department of Home Affairs or with OMARA - including phrases like "Government registered" or "MARA approved" (s26).
- Make false or misleading statements about your prospects or about their own qualifications.
- Advertise without their registration number (s25).
- Disclose your personal information to a third party without your written consent (s35).
Your file and your documents
- Your agent must keep a file on your matter for seven years after the last action on it (s56).
- You can ask in writing for the documents you own, and they must be returned within 14 days (s54). On VisaBid you can also export the whole file yourself, any time.
Complaining
- A registered migration agent: complain to OMARA.
- A lawyer: complain to the legal services commissioner in their state or territory.
- Someone charging you who is registered as neither: that is a criminal offence under s280 of the Migration Act. Report it to the Australian Border Force.
- Anything on this platform: tell us, and we will act on our side.