1. The Australian System: MARA and MARN
In Australia, anyone who provides immigration assistance for a fee or reward must be registered with the Office of the Migration Agents Registration Authority (OMARA) — commonly referred to as MARA. This requirement is established by the Migration Act 1958 and applies regardless of where the agent is physically located. An agent based in India, the Philippines, or the UK who assists Australian visa applicants for a fee must hold a current MARA registration.
Every registered migration agent holds a Migration Agent Registration Number (MARN) — a six-digit identifier that can be verified in real time on the MARA public register at mara.gov.au. The register shows the agent's name, registration status (current, suspended, or cancelled), the state or territory in which they practice, and the expiry date of their current registration.
Registration must be renewed annually. An agent with a registration that lapsed three months ago is not currently registered — the public register will show this. It is not sufficient to accept a business card or website that displays a MARN without verifying it is still current.
What MARA Registration Requires
To obtain and maintain MARA registration, agents must:
- Hold or have held a Graduate Certificate in Australian Migration Law and Practice (or equivalent qualification), or be an Australian legal practitioner
- Complete a minimum of 10 hours of continuing professional development (CPD) per year
- Hold professional indemnity insurance
- Comply with the Migration Agents' Code of Conduct, which prohibits guarantee language, requires written client agreements, and mandates fee disclosure before work begins
- Maintain a trust account for money received on behalf of clients
The Complaints Process
If you have a complaint about a registered migration agent's conduct, you can lodge a complaint directly with OMARA at mara.gov.au. OMARA investigates complaints relating to breaches of the Code of Conduct, which covers fee disputes, failure to act with due care, and failure to maintain client confidentiality. OMARA can caution, suspend, or cancel an agent's registration as a disciplinary outcome.
2. The Canadian System: CICC and RCIC
In Canada, immigration consultants are regulated by the College of Immigration and Citizenship Consultants (CICC) — formerly known as ICCRC (Immigration Consultants of Canada Regulatory Council). The CICC became a statutory regulator under the College of Immigration and Citizenship Consultants Act 2019, which came into full effect in November 2021.
Any person who provides immigration or citizenship advice or representation for a fee or other consideration must hold the designation of Regulated Canadian Immigration Consultant (RCIC) or be a member of a provincial law society or the Chambre des notaires du Québec. There is no partial exemption for international consultants — the same rule applies to advisors located outside Canada who serve Canadian immigration applicants for a fee.
How to Verify an RCIC
The CICC maintains a public register at college-ic.ca. Enter the consultant's name or registration number to confirm their status. Each RCIC holds a registration number beginning with "R" (for example, R705748). The register shows whether registration is active, suspended, or revoked, and lists any disciplinary actions on record.
RCICs are permitted to represent clients before the Immigration and Refugee Board (IRB), IRCC, and the Canada Border Services Agency (CBSA) in administrative matters. For matters before the Federal Court of Canada, an immigration lawyer is required.
3. Who Is Exempt from Registration?
Both jurisdictions provide exemptions for legal practitioners:
- Australia: Australian legal practitioners (solicitors and barristers admitted to the bar in any Australian state or territory) are exempt from the requirement to hold MARA registration when providing immigration assistance in the course of legal practice. They remain bound by their legal professional obligations. They do not hold a MARN and will instead provide their law firm details and state bar admission number.
- Canada: Lawyers and paralegals regulated by a provincial or territorial law society, and notaries regulated by the Chambre des notaires du Québec, are exempt from the RCIC requirement. In provinces where paralegals are licensed by the law society (notably Ontario), licensed paralegals may provide immigration advice.
Registered charities, community organisations, and settlement service providers may also be partially exempt in limited circumstances — but these exemptions are narrow, jurisdiction-specific, and do not apply to commercial advisory services.
4. Red Flags to Watch For
The following are indicators that a person or business offering immigration services should not be engaged without verification — or at all:
| Red Flag | Why It Matters |
|---|---|
| Guarantees a visa outcome | No registered agent or lawyer can guarantee a visa decision. Registered agents in Australia are prohibited from guarantee language by the Code of Conduct. Any guarantee is grounds for immediate scepticism. |
| Requests full payment upfront with no written agreement | MARA requires a written client agreement before work begins. CICC requires a service agreement. No upfront full-fee payment without documentation is not standard practice for any registered practitioner. |
| Cannot provide a registration number | Every registered migration agent has a MARN; every RCIC has a registration number. Refusal or inability to provide one is a definitive red flag. |
| Operating through social media DMs only | Legitimate practitioners operate through documented channels with professional indemnity insurance. Advice delivered entirely through social media DMs with no formal engagement documentation is not how registered practice works. |
| Overseas-based with no verifiable registration | As noted above, being based overseas does not exempt a consultant from registration requirements. An overseas-based agent must hold a current MARN (AU) or RCIC (CA) to lawfully provide services. |
| Claims "100% success rate" or "guaranteed PR" | This language is both misleading and prohibited in registered practice. No such guarantee is possible in an immigration system where decisions rest with government case officers. |
5. What to Expect from a Registered Consultation
A first consultation with a registered practitioner typically runs 45–60 minutes and covers your immigration history, qualifications, employment background, English language proficiency, and family composition. Based on this, the practitioner identifies viable pathways and gives an honest assessment of your likelihood of success.
Key features of a compliant engagement:
- Written client agreement: Before any substantive work begins, you should receive a written agreement specifying the scope of services, the fee structure, and cancellation and refund terms.
- Fee disclosure: Fees are disclosed before work begins. AU agents must provide a written estimate; CA consultants must document the fee arrangement in the service agreement.
- No guarantee language: A competent practitioner will give you an honest probability assessment — not a guarantee. "We have a very strong case" is acceptable; "your visa is guaranteed" is not.
- Professional indemnity insurance: Both MARA and CICC require registered practitioners to maintain professional indemnity insurance. This protects you in the event of a negligent error.
- Responsibility for lodgement: Your agent or consultant is responsible for lodging your application correctly. However, you remain responsible for ensuring the information you provide them is accurate and complete.
Fee Structures
Fees vary by visa type, practitioner, and complexity:
- Australia (189/190/491 skilled visa): Professional fees typically range from AUD $3,000–$8,000, not including government visa application charges.
- Canada (Express Entry): Professional fees typically range from CAD $3,500–$7,000 for the full application cycle from profile to CoPR.
- Initial consultations: AUD $200–$400 (AU), CAD $150–$350 (CA) for an initial assessment. Many practitioners credit the consultation fee against the full engagement if instructed.
6. Agent/Consultant vs. Immigration Lawyer
For most skilled migration and permanent residence applications processed entirely through IRCC or DHA administrative channels, a registered migration agent (AU) or RCIC (CA) is fully qualified to act on your behalf. The distinction between an agent/consultant and an immigration lawyer becomes relevant in specific circumstances:
| Matter | Agent/RCIC | Immigration Lawyer |
|---|---|---|
| Skilled visa applications (AU 189/190/491) | Yes | Yes |
| Express Entry / PNP (CA) | Yes | Yes |
| Ministerial Intervention (AU) | Limited | Yes |
| AAT merits review (AU) | Yes (representation) | Yes |
| Federal Court judicial review (AU/CA) | No | Yes |
| Immigration and Refugee Board (CA) | Yes (RCICs) | Yes |
For standard points-tested skilled migration pathways, there is no practical advantage in engaging an immigration lawyer over a highly experienced registered agent or RCIC, and the fees are typically comparable or higher for lawyers. The key factors are competence, experience with your specific visa subclass, and verifiable registration — not the professional category alone.