The Regulatory Framework Gets Its First Major Update in 28 Years
On 1 April 2026, the Migration Agents Regulations 2026 will replace the Migration Agents Regulations 1998. This is the first comprehensive update to the framework governing registered migration agents in nearly three decades.
If you work with a migration agent, or you are considering hiring one to help with your visa application, these changes affect how agents are regulated, what qualifications they must hold, and what protections you have as a client.
Why Does This Matter to You?
Migration agents play a critical role in the visa application process. A good agent can make the difference between a successful application and a refusal. But the industry has also had problems with unregistered operators, poor advice, and agents who take money without delivering results.
The new regulations aim to address these issues while modernising a framework that was written before the internet was widespread.
Key Changes from 1 April 2026
Stronger Protection Against Barred Agents
One of the most significant changes is the expansion of rules preventing barred or suspended agents from continuing to operate through alternative business structures. Under the old regulations, a barred agent could sometimes work through a family member’s registration or set up a new business entity. The 2026 regulations close these loopholes by broadening the definition of employment-related relationships.
Updated Professional Development Requirements
Registered migration agents must now complete continuing professional development (CPD) that meets new structured standards. The regulations establish a formal approval framework for CPD providers, including quality standards, conditions, and the ability to cancel providers who do not meet requirements.
This means your agent should be up to date with the latest visa changes, not relying on knowledge from years ago.
Mandatory Professional Indemnity Insurance
The regulations now formally codify minimum requirements for professional indemnity insurance. This protects you as a client. If your agent makes an error that costs you money or a visa opportunity, there is insurance in place to cover potential claims.
Infringement Notice Framework
A new infringement notice system allows certain immigration assistance offences to be dealt with through civil penalties rather than full criminal prosecution. This gives the Office of the Migration Agents Registration Authority (OMARA) more flexible enforcement tools to address misconduct quickly.
Clearer Rules on Family and Employer Assistance
The regulations clarify when assistance given by employers or family members does not count as “immigration assistance” under the Migration Act. This is important because providing immigration assistance without registration is a criminal offence. The updated definitions make it clearer when a family member helping with paperwork crosses the line into regulated activity.
How to Check Your Migration Agent
Every registered migration agent in Australia has a MARA registration number. You can verify your agent’s registration status on the OMARA website. Here is what to look for:
- Current registration: Make sure their registration has not expired or been suspended
- Disciplinary history: Check whether they have any sanctions on their record
- Qualifications: Registered agents must hold a Graduate Diploma in Australian Migration Law or equivalent
At One Planet Migration Law, our principal lawyer Tina Nematian is both a registered migration agent and a practising solicitor, which means you get legal representation alongside migration expertise. This dual qualification provides an additional layer of accountability and protection.
What About Lawyers Who Do Immigration Work?
Lawyers who are admitted to practice in Australia can provide immigration assistance without separate MARA registration, as they are regulated by their state or territory legal profession body. However, many immigration lawyers, including ours, also hold MARA registration for the additional oversight it provides.
The key advantage of working with an immigration lawyer rather than a migration agent alone is that lawyers can represent you in court proceedings, including visa appeals and judicial review, whereas agents cannot.
Registration Fee Changes
The Migration Agents Registration Application Charge Regulations 2026 also commence on 1 April, updating the fee structure for agent registration. The new framework modernises and clarifies charging to align with the Australian Government Charging Framework.
What Should You Do?
If you are currently working with a migration agent, ask them about the new regulations and how they are preparing. A professional agent will already be across the changes.
If you are looking for help with a visa application, choose someone who is registered, insured, and qualified. Our migration lawyers are here to help with everything from skilled visas and employer sponsorship to partner visas and appeals.
Book a consultation to discuss your visa options with a qualified immigration lawyer.
