How Do I Know My Migration Agent Is Legitimate Now That the Government Is Cracking Down?
The crackdown announced on 17 September 2026 is not the start of anything. It is a continuation.
OMARA Received a Threefold Staffing Increase and Has Been Running Enforcement Action for Some Time.
Four new legislative instruments took effect on 1 April 2026. In August, three agents faced regulatory action and one had their registration cancelled outright. The September announcement continues the same direction.
So the useful question is not what will change. It is how to check your own agent properly, and most people check only one thing when the register tells you five.
There is also a pattern that checking the register will not reveal on its own, and it is the one that has produced actual cancellations.
The Short Version
Search the MARA register at mara.gov.au using the agent name or their MARN. Do not stop at whether they appear. Check the registration expiry date against your application timeline, whether any sanctions or conditions are recorded, and whether their registration is commercial or non-commercial. Then ask one further question: whose MARN will actually go on my application, and will that person be the one advising me. If the answer is unclear, that is the thing to press on.
Working With Someone on a Visa Matter and Not Certain About Them? Get a Second Opinion Before You Commit Further.
Whether the person advising you is genuinely qualified, whether the arrangement they have set up is properly registered, and whether an application already lodged sits on the right side of the criterion covering false or misleading information, are all worth confirming while there is still time to fix problems.
What Has Actually Been Happening
Worth setting out, because it tells you this is real enforcement rather than an announcement.
| When | What Happened |
|---|---|
| 1 April 2026 | Four new legislative instruments took effect under the Migration Agents Regulations 2026. They introduced enhanced professional development requirements, including mandatory annual training in ethical standards and refresher training on Code of Conduct obligations, and capped how many online training hours can be completed in one day. |
| Through 2026 | OMARA staffing increased threefold, with the regulator using both investigations and proactive monitoring. Sanctions against registered agents rose significantly. |
| August 2026 | Regulatory action against three registered agents who enabled unlawful immigration assistance. In one case registration was cancelled after hundreds of applications lodged through three business accounts were found to involve either undeclared assistance or assistance provided by non-registered staff. |
| 17 September 2026 | The Minister announced that agents who knowingly support applications without merit would face sanctions or deregistration. A continuation of the same direction. Announced, not yet made. |
The Five Things the Register Tells You
Almost everyone checks the first one and stops. The other four are where problems show up.
| What to Check | Why It Matters |
|---|---|
| Are they registered | The basic check. If the name or MARN does not appear, they cannot lawfully provide immigration assistance for a fee. |
| Registration expiry date | Registration has to be renewed. If it expires mid-application they cannot legally continue to assist you and you may need someone else to take over. Check the expiry against your likely timeline and ask whether they intend to renew. |
| Sanctions | The register records sanctions. A caution, suspension or condition is publicly visible and is worth knowing before you engage someone, not after. |
| Conditions on registration | OMARA can require an agent to work under supervision, restrict the visa types they handle, or require further training. Conditions do not automatically mean an agent is unsuitable, but you should know what they are and whether they touch your case. |
| Commercial or non-commercial | From 1 April 2026 a non-commercial agent may only provide assistance on a non-commercial basis. If someone holding non-commercial registration is charging you fees, that is a problem in itself. |
The Pattern You Cannot See From the Register
This is the most useful thing in the article, because it is the arrangement that produced the cancellation in August and it is invisible to the client.
A Real MARN Belongs to a Real Registered Agent. The Person You Actually Deal With May Not Be Registered at All.
It is known as a front agent arrangement. A registered agent allows unregistered people to provide immigration assistance using their Migration Agent Registration Number. On paper everything looks correct: there is a real MARN, it belongs to a real registered agent, and the register confirms it.
In practice the person you deal with, who takes your documents, gives you advice and prepares your application, may not be registered at all. The registered agent may never have looked at your file.
Whose MARN goes on my application, and will that person be the one who advises me and reviews my documents?
A properly run practice answers this immediately and without discomfort, because the answer is simply yes, or here is the registered agent supervising the work. Vagueness, deflection or a change of subject is the signal. You are entitled to know who is legally responsible for your application.
Agents, Lawyers and Everyone Else
Three categories, and the differences matter more than people expect.
| Who | What That Means |
|---|---|
| Registered migration agent | Registered with OMARA, holds a MARN, bound by the Code of Conduct, subject to OMARA complaints and sanctions. Can provide immigration assistance for a fee. |
| Australian legal practitioner | Regulated by their state or territory legal body rather than OMARA. Practising lawyers can provide immigration assistance. In several states they can also be accredited as immigration law specialists. Complaints go to the legal regulator, not OMARA. |
| Everyone else | Cannot lawfully provide immigration assistance for a fee. Titles such as immigration consultant, visa consultant or migration specialist mean nothing on their own. If they are unregistered, OMARA cannot discipline them and you have no recourse through that channel. |
A Note on Information Websites, Including This One
Publishing general information about visas is not immigration assistance. Advice on your specific circumstances is, and it should come from a registered agent or a lawyer. If a website is giving you tailored guidance on your own application without either, that is worth questioning.
Warning Signs
- They cannot or will not provide a MARN, or the number they give does not appear on the register.
- The person advising you is different from the person whose MARN is on the paperwork, and nobody will explain the relationship.
- They guarantee an outcome. Nobody can guarantee a visa. A confident assessment of your prospects is normal, a guarantee is not.
- They pressure you to lodge quickly to beat a rule change, particularly one with no published commencement date.
- They ask you to pay sponsorship or nomination costs that the employer is legally required to bear.
- They suggest providing documents or information you know to be inaccurate, or tell you a detail is not worth disclosing.
- They discourage you from getting a second opinion.
- They hold your original documents or your ImmiAccount login and will not give you access.
- Fees are vague, undocumented, or requested in cash without a receipt.
Why This Matters More Than It Seems
The consequences of a bad application land on you, not on your agent.
Your Agent May Face a Complaint. You Face a Refusal, an Exclusion Period, and a Record.
If false or misleading information is provided in support of your application, or a document turns out to be bogus, the criterion that applies does not require you to have known. Documents lodged by an agent on your behalf can trigger it against you, and people who were themselves deceived have been refused and excluded on that basis.
Your agent may face a complaint and a sanction. You face a refusal, an exclusion period, and a record that follows you into every future application. That asymmetry is the real reason to check carefully rather than trust the sign on the door.
The full detail on the criterion covering false or misleading information is in our guide on PIC 4020 and how it applies where the applicant did not know.
If You Think Something Is Wrong
- Check the register first and record what it says, including the date you checked.
- Gather your paperwork. Engagement agreement, receipts, emails, messages, and anything showing who actually advised you.
- Ask for a copy of everything lodged on your behalf. You are entitled to know what was submitted in your name.
- If you do not have access to your own ImmiAccount, ask for it.
- Complaints about registered agents go to OMARA through mara.gov.au and the process is free.
- Suspected unregistered operators and immigration offences can be reported through Border Watch.
- If an application has already been lodged and you are worried about what is in it, get independent advice from a different agent or a lawyer before the Department raises it with you. Fixing something early is far easier than answering it after a natural justice letter arrives.
Frequently Asked Questions
Disclaimer: This article provides general information about the regulation of migration advice in Australia and is current as at 20 September 2026. It is not immigration assistance or legal advice and should not be relied on in place of advice about your own circumstances.
Registration details, sanctions and conditions can change, so always check the MARA register directly at the time you engage someone. Nothing here is a comment on any particular agent or firm.
Aussie Migration Guide is an independent information platform and is not a registered migration agent. For advice on your situation, speak with a MARA-registered migration agent or an Australian immigration lawyer. Official information is published by the Office of the Migration Agents Registration Authority at mara.gov.au and by the Department of Home Affairs at immi.homeaffairs.gov.au.
Not Sure About the Person Handling Your Visa? A Second Opinion Is Free and Takes Half an Hour.
If something feels off, or you cannot get a clear answer about who is actually registered to handle your application, checking with an independent professional now is considerably cheaper than dealing with the consequences later.
Written by
Founder and Editor, Aussie Migration Guide
Karan Rawat is the Founder and Editor of Aussie Migration Guide. With nearly 4 years of experience in SEO and digital content, including work with Australian migration law clients, he specialises in turning complex Australian visa rules, fees and eligibility criteria into clear, practical guides. Every article is checked against current official sources such as the Department of Home Affairs before it goes live. Karan is not a registered migration agent, and the content on this site is general information, not migration advice.