Advertising under section 25 and section 26

Advertising rules matter because many migration clients choose an agent after seeing a website, social post or search ad. If an advertisement leaves out the agent’s MARN, promises a result or suggests a special connection to the government, it can mislead consumers and breach the Migration Agents Code of Conduct 2021. This guide explains what sections 25 and 26 cover, and what compliant advertising looks like in practice.

What section 25 requires on advertisements#

Section 25 of the Migration Agents Code of Conduct 2021 says a registered migration agent must include their migration agent registration number, or MARN, in an advertisement for their practice. The point is simple: a person reading the ad must be able to identify the agent and check that registration.

In practice, this means the MARN needs to appear on material used to promote migration assistance services. That can include a website homepage, a service page, a Google ad landing page, a Facebook page, an Instagram profile, a brochure, a flyer or a directory listing. If the material is advertising the practice, the MARN needs to be there.

A MARN is usually shown in a format like "MARN 1234567". It should be clear and easy to find. Hiding it in tiny footer text, placing it on a separate page or only giving it after a person makes contact may not meet the purpose of the rule.

The MARN also helps consumers check whether the person is currently registered. A quick check can be done through VisaBid’s operator check page, which is a useful first step before comparing quotes or paying any money.

What counts as an advertisement in practice#

The Code does not only matter for glossy print ads. Advertising is broader than that. If a communication is designed to attract migration work, it is safer to treat it as advertising and apply the section 25 and section 26 rules to it.

Common examples include:

• websites advertising visa or migration services
• social media profile pages for a migration practice
• sponsored posts on Facebook, Instagram, TikTok or LinkedIn
• Google Ads and Bing Ads
• online business directory profiles
• banners, posters, flyers and brochures
• email marketing campaigns
• seminar invitations promoting migration services
• videos promoting a practice’s success with visa matters

There are also edge cases. A purely educational article with no promotion may be different from an ad, but once a page invites people to book, enquire or buy migration services, it starts to look promotional. The practical approach is to include the MARN anywhere the public is being invited to engage the practice.

For consumers, this is one reason to compare operators carefully. If an ad does not say who the registered agent is, that is a sign to pause and verify. If a person is offering immigration assistance in Australia without being a registered migration agent or an Australian legal practitioner, section 280 of the Migration Act 1958 may be relevant. Charging for that assistance can raise section 281 issues as well.

What section 26 bans: guarantees, special access and processing claims#

Section 26 of the Code deals with advertising that creates false expectations. A registered migration agent must not make statements that are misleading or deceptive, or likely to mislead or deceive, about the agent’s services.

Three problem areas come up again and again.

Guaranteed outcomes#

An agent cannot advertise a guaranteed grant, guaranteed approval or guaranteed success. Visa decisions are made by the Department of Home Affairs, tribunals or courts where relevant, not by the agent. No agent can lawfully promise that a visa will be granted.

Problem phrases often include:

• "100% visa success"
• "guaranteed PR"
• "visa approval guaranteed"
• "refusal impossible with us"
• "money back if visa refused", where the overall wording still implies a guaranteed result

An advertisement can describe services, experience and process management. It cannot present the outcome as certain.

Implied government connection#

An advertisement must not suggest that the practice is the government, part of the government or specially connected to the government when that is not true. This includes names, logos, colours, seals, uniforms and wording that creates that impression.

Problem examples include:

• using a business name that sounds like an official department
• displaying the Commonwealth coat of arms or similar insignia without authority
• saying "official visa office" when the practice is private
• implying the practice can issue visas directly
• creating a website layout that looks like a government portal to collect paid enquiries

A migration agent can say they are registered. That is factual. They cannot suggest that registration makes them part of the Department or gives them authority to decide cases.

Claims to speed up processing#

An agent cannot advertise that they can speed up visa processing just because they are the agent. Processing times are controlled by the Department and depend on many factors, including application completeness, health and character checks, demand and program settings.

Problem claims often include:

• "fast-track your visa through our special channel"
• "priority processing available through our office"
• "skip the queue"
• "we can get your visa approved in weeks"
• "our MARN gives access to faster decisions"

An advertisement can explain that an organised application may help avoid unnecessary delay caused by missing documents or incorrect information. That is different from saying the agent can make the Department process the application faster.

What compliant advertising can say instead#

The Code does not stop an agent from advertising altogether. It sets limits on misleading claims. A compliant ad can still be specific and useful.

Examples of safer statements include:

• the services offered, such as visa application preparation, skills assessment assistance or nomination applications
• the agent’s MARN and business contact details
• languages spoken
• areas of practice
• professional fees, either as fixed fees or general ranges where appropriate
• that Department charges are separate
• that a written agreement will be provided before work starts, reflecting sections 42, 46 and 51 of the Code
• that clients will receive invoices and receipts, consistent with section 49

A compliant ad can also explain process steps in general terms. For example, it can say that a partner visa application lodged in Australia is an onshore process, or that some matters also require Form 956 to appoint an authorised recipient or migration agent under section 312A of the Migration Act. What it cannot do is turn general information into a promise about a person’s result.

For consumers, transparency matters just as much as headline claims. Before paying anything, it is sensible to read the consumer guide, compare itemised quotes through VisaBid and make sure the fee structure is in writing.

Red flags consumers see in the wild#

Some non-compliant advertising is obvious. Some is subtle. These are common warning signs.

A website says "government registered visa office" in large text, but does not name the individual agent or show a MARN. That can mislead people into thinking they are dealing with the government.

A social media account says "all visas approved or full guarantee" and posts screenshots of grants as if every case gets the same result. That kind of claim can breach section 26 because it presents outcomes as certain.

An ad says "special access to Department staff" or "inside contacts at Immigration". That wording suggests improper influence or a special connection that ordinary operators do not have. Even if the practice only means they know the process well, the claim is risky and misleading.

A search ad says "48-hour approval", while the landing page has no clear explanation of what that timeframe refers to. Time-specific claims are particularly dangerous in migration because formal processing times change and are not controlled by the agent.

A brochure lists one low headline price, then later adds large extra charges for basic tasks. That is more of a disclosure issue than a section 25 or 26 point, but it can still be part of a misleading overall impression. Sections 42 and 46 of the Code require a proper written agreement and a clear fee structure.

What these rules mean for consumers comparing quotes#

Sections 25 and 26 are not technical rules only for agents. They are practical consumer protection rules. They help a person work out whether an operator is identifiable, accountable and realistic about what they can do.

If an ad does not display a MARN, the first step is to verify who is offering the service. If the seller says they are "visa experts" but there is no registered migration agent or Australian legal practitioner involved, section 280 of the Migration Act may be relevant where immigration assistance is being given in Australia.

If the claims in the ad sound too certain, the next step is to ask for the explanation in writing. A legitimate engagement usually starts with a consumer guide under section 38, then a written agreement under section 42, then payment arrangements that match sections 46, 49, 50 and 51. If the business jumps straight from advertisement to payment link, that is worth checking carefully.

Comparing itemised quotes also makes it easier to see substance instead of slogans. A low advertised fee may exclude key work. A high fee may or may not include complex submissions, follow-up requests or review of supporting evidence. VisaBid’s cost estimator can help with general market context before a person commits.

Common questions#

Can a migration agent advertise without a MARN?#

Section 25 of the Migration Agents Code of Conduct 2021 says a registered migration agent must include their MARN in an advertisement for their practice. If the material is promoting migration services, the safer reading is that the MARN should be clearly displayed. Consumers can use the MARN to verify registration before engaging the operator.

Can a migration agent guarantee a visa outcome?#

No advertisement can properly promise a visa grant as a guaranteed result. Section 26 of the Code prohibits misleading or deceptive statements, and visa decisions are made by the Department or other decision-maker, not by the agent. Words like "guaranteed approval" or "100% success" are common red flags.

Can an agent say they can speed up visa processing?#

An advertisement should not claim that the agent can make the Department process an application faster through special access or status. Processing times are controlled by the Department and can change. An agent may describe how organised preparation can reduce avoidable delay, but that is different from promising faster official processing.

How do I check if a visa advertising business is real?#

Start by looking for the individual agent’s MARN on the ad, website or profile. Then verify that operator through a register search or VisaBid’s check page. If the business avoids naming a registered migration agent, uses government-style branding or asks for payment before clear paperwork, take extra care.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.