Paying an agent in stages: what the Code actually allows

Paying a migration agent in stages is common, especially where a matter runs over months and involves several steps. The key point is simple: under the Migration Agents Code of Conduct 2021, money cannot be taken before the written agreement is in place, and staged payments still have to follow the same rules on invoices and receipts.

This matters because confusion often starts with the first payment. A deposit, booking fee, first instalment or document review fee is still money taken for immigration assistance, so the paperwork has to be done in the right order.

The written agreement has to come first#

The starting point is the client agreement. Under s42 of the Migration Agents Code of Conduct 2021, a registered migration agent must have a written agreement with the client that sets out the basis of fees and services. Under s51, the agent must not ask for or receive payment until that agreement has been made.

That rule applies even if the amount is small. Calling it a deposit, opening fee, first stage payment or retainer does not avoid s51. If the payment relates to immigration assistance, the written agreement needs to exist first.

The Code also connects this to other documents. Before starting services, the agent must give the consumer guide required by s38. If the agent will deal with the Department on the client’s behalf, Form 956 is commonly used under the Migration Act 1958, s312A.

In practice, the order is usually:

1. the client receives the consumer guide,
2. the written agreement is provided and signed,
3. the first invoice is issued,
4. payment is made,
5. a receipt is issued.

An agent can structure fees in more than one way, but the paperwork still has to line up with that sequence.

Staged payments are allowed, but the structure must be clear#

The Code does not ban staged billing. In fact, staged payments are often easier for clients to understand than one large upfront fee. What matters is that the fee structure is properly explained in the written agreement, as required by s42 and s46.

A staged arrangement might break the professional fee into parts such as an initial consultation, document review, application preparation, lodgement, responding to a request for information, or a later stage such as a merits review. Some agents quote fixed fees by milestone. Others use hourly rates with estimates for each stage. Both models exist in the market.

What the Code expects is clarity. The agreement should identify what work is covered at each stage, when a stage becomes payable, and whether later stages are optional, conditional or triggered by a particular event. If disbursements are expected, such as translation costs, courier charges or third-party document fees, those should be identified separately where possible.

This is one reason itemised quotes are useful. They make it easier to compare one provider’s staging against another provider’s staging. On VisaBid, applicants can describe their situation and get quotes, which helps show how different registered agents and legal practitioners divide work and fees.

A deposit is not outside the rules#

Some consumers assume that only the main professional fee needs an agreement, and that a deposit can be taken first to "open the file". That is not how s51 is framed. If the payment is for immigration assistance, the written agreement must already be in place.

This includes a first instalment toward a larger fixed fee. It can also include a payment for an initial piece of substantive work, such as assessing documents or preparing an application package, if that work is immigration assistance. Australia restricts who can give immigration assistance for reward. Under the Migration Act 1958, s280 makes unregistered immigration assistance an offence, and s281 deals with charging for it.

That is why checking who is offering the service matters. A person offering migration help for money should be a registered migration agent or an Australian legal practitioner, unless an exemption applies. VisaBid has a page to check an operator before any agreement is signed or money changes hands.

What the invoice must show under s49#

Once the written agreement exists and a payment stage is due, the invoice has to meet the Code. Under s49, an invoice must set out enough detail for the client to understand what is being charged.

The exact wording of the invoice will vary, but the practical points are consistent. An invoice should clearly identify:

• the agent or practice issuing it,
• the client,
• the date of issue,
• the amount payable,
• the services or stage being charged,
• whether the amount is for professional fees, disbursements or both,
• any tax treatment that applies, where relevant,
• when payment is due.

If the fee is part of a staged arrangement, the invoice should match the language used in the written agreement. For example, if the agreement lists "Stage 2, preparation and lodgement", the invoice should not use a vague line like "migration services" without more detail. Clear descriptions reduce disputes later about whether a particular task was included.

Itemisation matters most where more than one cost sits on the same bill. Professional fees should be distinct from third-party expenses. Department charges should also be kept distinct from the agent’s own charges. This helps the client see what money is being paid to the provider, and what money is being paid out to others.

The same principle applies if an agent uses hourly billing. The invoice should show how the charge was calculated in a way that makes the basis of the amount understandable. Section 46 is also relevant here because it requires a proper fee structure, not a vague promise that costs will be explained later.

What a receipt must follow, and why client accounts matter#

After payment is made, the receipt also has to comply with s49. In simple terms, the receipt should reflect the invoice and confirm the payment actually received. It should identify who paid, how much was paid, when it was paid, and what it was for.

This is important in staged billing because a receipt is not a replacement for an invoice. The invoice asks for payment and describes the charge. The receipt records that payment has been received. The two documents should line up.

If money is held on behalf of a client, the client account rules in s50 may also matter. Whether those rules apply depends on how the money is handled and what the agreement says. For example, money received in advance for future work may need to be treated differently from money that has already been earned for completed work. The agreement and billing method should make that distinction clear.

Good record keeping is part of the same compliance picture. Under s56, records must generally be retained for seven years. That can include agreements, invoices, receipts, client account records and related file notes.

What to look for before paying the first stage#

The safest time to spot a billing problem is before the first payment. If the written agreement is missing, incomplete or inconsistent with the quote, the issue is easier to raise before money is sent.

A clear first-stage setup usually includes:

• the consumer guide under s38,
• a written agreement under s42,
• a fee structure explained under s46,
• an invoice that describes the first stage under s49,
• a receipt after payment under s49.

It is also worth checking whether the agreement explains refunds, cancellations and work already performed. The Code deals with conduct standards, but payment disputes still tend to turn on what the written agreement actually says. If the provider is not a registered migration agent, or claims registration that cannot be verified, that is a separate warning sign.

People comparing quotes often find it helpful to check the likely market range first. Fees vary by visa type, complexity and stage, but broad comparisons can still help. VisaBid’s cost estimator gives a general starting point, and the consumer guide explains the client protections built into the Code.

If the paperwork is wrong, it can become a conduct issue#

Not every billing disagreement is a breach of the Code, but some are. Taking payment before the written agreement is in place is a direct s51 issue. Missing or inadequate invoices and receipts can raise s49 issues. Poorly explained fee structures can raise s46 issues.

Other signs of poor practice often appear alongside billing problems. Examples include failing to provide the consumer guide first under s38, making promises about outcomes contrary to s26, or refusing to return client documents within 14 days where required by s54. A pattern of weak paperwork can matter because migration work involves deadlines, identity documents and dealings with government systems.

Where concerns remain after raising them with the provider, there are complaint pathways. VisaBid’s complaints page gives general information about where complaints may go, depending on whether the provider is a registered migration agent or a legal practitioner.

Common questions#

Can a migration agent ask for a deposit before the contract is signed?#

Under s51 of the Code, payment cannot be asked for or received before the written agreement is made. A deposit, booking fee or first instalment is still payment for these purposes if it relates to immigration assistance. The label used does not change the rule.

Is it legal for a migration agent to charge in instalments?#

Staged or instalment billing is generally allowed under the Code. The important point is that the written agreement and fee structure must clearly explain the stages, what each stage covers and when each amount becomes payable, consistent with s42 and s46.

What should a migration agent invoice include?#

Under s49, the invoice should clearly show who issued it, who it is for, the date, the amount due and what services or stage are being charged. It should also separate professional fees from disbursements and other charges where relevant, so the client can see what the payment relates to.

Do I get a receipt after every payment to a migration agent?#

Receipts are part of the s49 requirements and should follow each payment received. In a staged arrangement, each instalment paid should have a matching record that shows the amount, date and purpose of the payment. That record should line up with the invoice and the written agreement.

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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.