Why use a Registered Migration Agent?

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Created on Tuesday, 17 January 2012 14:23

Written by Editorial staff

In Australia there are strict rules about helping someone with their visa application or giving advice about migration. If you are a Migration Agent you must be registered with the Office of the Migration Agents Registration Authority (MARA)

People who practice as unregistered migration agents in Australia are breaking the law and may be subject to fines of up to $6,600AUD or imprisonment for up to 10 years.

Education agents must not provide immigration assistance.

What is a Migration Agent?

A Migration Agent is a person who can:

• advise on Immigration matters

• help you to prepare and lodge an Visa Application

• deal with the Department of Immigration and Citizenship (DIAC theDdepartment) on your behalf, usually for a fee.

Migration Agents operating in Australia must be Registered with the Office of the Migration Agents Registration Authority (MARA).

Why use a Registered Migration Agent?

Australian Registered Migration Agents are required to:

• have a sound knowledge of Migration Law and Practice

• act professionally and in a timely manner

• abide by the migration agent’s Code of Conduct

• have appropriate Public Liability Insurance

• pass Character Tests (including Criminal History Checks - Australian Federal Police).

Why shouldn’t I use an unregistered person?

Unregistered people may:

• be unaware of current legislation and procedures

• provide incorrect advice

• make false claims about your chances of success.

Unregistered people are breaking the Law and Penalties of up to 10 years Jail can apply.

To report an unregistered person telephone 1800 009 623 (free of charge). Information provided will be treated in the strictest confidence.

Victims stories

Tricked by a non-genuine website

Mei was looking at a social networking website and noticed an advertisement for a visa to Australia. The contact details were Australian, so Mei believed the site was legitimate. After registering with the site, Mei received a call from someone in the company. The caller advised Mei she had been assessed eligible for a visa and all she needed to do was pay a fee. The caller was very convincing and Mei paid a $600 fee. Mei never heard from the company again. When she tried to follow up on her visa application and get her money back, she discovered the address and phone numbers listed on the website were false.

No help from unregistered agent

Abdul employed an education agent, who is not a registered migration agent, to help him obtain a student visa. The education agent made false financial documents, forged Abdul's signature on documents and did not advise Abdul that the department had asked for further documents. Investigation into the education agent is continuing. Given the circumstances, Abdul may have lost the opportunity to study in Australia.

Don't listen to bad advice

To increase her chances to obtain permanent residency, Amy, on the advice of a friend, submitted documents that she knew were false. Amy's visa officer discovered that the documents Amy submitted were false and her visa was cancelled. As a result, Amy had to leave Australia immediately and she will not be able to return for at least three years.

An expensive lesson, learnt the hard way

Jill handed over $28 500 to a migration agent to lodge her visa application and to enrol her at an Australian university. Jill's migration agent was not registered and has since disappeared with her money. No visa application was lodged, nor was Jill enrolled at university. The Australian Federal Police and the department are currently investigating Jill's migration agent.

Online romance scam

Mr Jones met a woman from Africa on an internet chat site and she convinced him to invite her to Australia. He sent money for various travel expenses including airline tickets, passport and insurance. She then claimed that all of her valuables, which she was bringing with her to start their life together, were seized by customs. Mr Jones sent her money to bribe customs officials. Finally she said she needed him to come to Africa to help her leave. Mr Jones contacted the Australian Embassy in her country and they informed him that they hear of around 20 similar stories every year that turn out to be scams. They added that people from other nations who have been similarly scammed have been kidnapped on arrival and held for ransom

Anyone can become the victim of fraud—watch the department's video 'Don't Get Caught Out' to see how easily it can happen. Remember, if an offer sounds too good to be true, it probably is.

To reduce Visa Processing times for applications in the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) the ‘decision ready’ initiative was introduced. This initiative will provide Registered Migration Agents with the capacity to certify their applications as decision ready to enable access to priority processing.

Q. How long should I expect to wait before I hear something from a Case Officer?

Generally you should be contacted within 18 calendar days of lodgement.

Q. How long does it take to finalise cases that are certified as ‘decision ready’?

The bulk of ‘decision ready’ cases are finalised within two to four weeks of receipt. Although ‘decision ready’ ensures early allocation and assessment it does not necessarily mean a quick decision. Although the reality is most do end up being decided quickly, it may be the case that the case officer determines that further enquiries are necessary.

Here are some current DIAC figures:-

Grant rate of ALL Student Visa applications decided in the 3 month period between 1 July 2011 and 30 September 2011

India Offshore 50%
Nepal Offshore 70%
Thailand Offshore under 80%
Vietnam Offshore under 80%
Pakistan Offshore 50%

Why risk trying to do it yourself, forfeiting your DIAC Visa Application Fees and getting it wrong?

Why not talk to an Australian Registered Migration Agent about your eligibility and consider all your Visa options and see how cost and time effective it is to have it done Professionally for you?