*** Since the publishing of this article, changes took effect in March 2021 which now allows Australian solicitors to be able to provide advice without being registered with the regulatory body, Office of the Migration Agents Authority (OMARA).


If you are looking to study and live in Australia as an international student, you may wish to engage the services of an Education Agent and in doing so, it’s important to understand their role as an Education Agent vs a Registered Migration Agent.

The Role of an Education Agent

Education Agents connect Australian education providers with international students and receive a commission payment from the institute the student has selected.

As part of this process, the role of an Education Agent should have up to date information on courses and Australian education providers to guide prospective students on what might meet their personal education and living needs and future career prospects.

Whilst many Education Agents may share their own experiences as having once been an international student themselves, it is against the law for Education Agents to provide immigration advice or assistance unless they are also registered with the Office of the Migration Agents Registration Authority (OMARA).***

Who is the Office of the Migration Agents Registration Authority (OMARA)?

The OMARA is an office of the Department of Home Affairs and the industry regulator governing the provision of immigration advice and assistance through the Code of Conduct.

Anyone wishing to advise or assist with visa applications from within Australia must be registered with OMARA. Currently, the only exemptions to this include the following:

• a nominator or sponsor of prospective visa applicant e.g. sponsoring partner or nominating employer

• a close family member of the visa applicant, nominator or sponsor

• an official giving assistance as part of their job (excluding Education Agents)

• a parliamentarian

• a member of a diplomatic mission, consular post or international organisation helping to prepare a submission to the Minister of Home Affairs and who is providing the advice free of charge

Businesses or individuals providing immigration advice, who do not fall within the above or are not registered with OMARA, can face up to 10 years imprisonment.

What is Immigration Advice and Assistance?

The provision of immigration advice and assistance covers a variety of functions which includes helping with a visa application.

OMARA have published a Factsheet on what does and does not constitute the provision of immigration advice and assistance as well as information on Registered Migration Agents, ‘Exempt Persons’ and Education Agents. *** Since the publishing of this article, that original factsheet has been replaced. The Department of Home Affairs have released a new Factsheet effective March 2021

I Want to Study in Australia – What Can I Do?

If you already know where and what you want to study in Australia, you can be able to manage this process yourself. Otherwise, it may be useful to engage an Education Agent.

Either way, our recommendation for anyone looking to travel, remain or migrate to Australia, including prospective international students, is to seek tailored advice on their visa options from professionals registered with the OMARA.

Pros and Cons of an Education Agent

If you elect to use an Education Agent you should be aware of their obligations to act in your best interest. Some other factors and suggestions to keep in mind include:

Free Education Information

Free of charge! You can receive a lot of useful information on a number of universities, relevant education providers and courses to meet your needs in Australia.

Whilst this is a free service, the Education Agent does take a commission from the education provider for your enrolment. To ensure your needs are being considered, you may want to ask the following:

• how do you see this provider/course meeting my needs?

• what other options do you have?

• do you know of other providers/courses that offer the same?

• what is your commission structure for each of these options?

Shared Knowledge and Experience

The Education Agent should have expert knowledge of the Australian education sector. Furthermore, if they have previously been an international student, they should be able to share their experiences on what it is like to study in Australia.

If they are based in Australia be careful to avoid offers of immigration assistance unless they are also registered with OMARA.

Assistance with the Enrolment Process

Education Agents can manage your application with the education provider which is useful for those who find this a daunting and confusing process.

The Role of a Registered Migration Agent/Lawyer

A Registered Migration Agent include a number of lawyers that must also be registered with the OMARA to provide immigration advice and assistance.

These professionals have been qualified and are skilled in Australian migration law and aim to guide individuals and/or businesses through the immigration process. They will advise you on your visa options, map out immigration strategies tailored to your needs, prepare your application and submissions and in doing so, can sometimes make it easier and faster to get a decision from the Department.

During this process, Registered Migration Agents can represent you and your case with various external agencies such as skills assessment bodies, Department of Home Affairs, Administrative Appeals Tribunal and in personal requests to the Minister of Immigration and Citizenship.

Unless they have been qualified to do so, Registered Migration Agents should not be advising on courses or education providers to undertake your studies.

Conclusion

In summary, an Education Agent can only give immigration advice and assistance in Australia if they are also a Registered Migration Agent and have been issued with a migration registration agent number (marn).

Australian immigration law is one of the most complicated pieces of Australian law. Its intricacies and general current trends require the expert knowledge of a qualified and trained professional who specialises in this field, ideally, someone whose sole focus is this area of law.

Additionally, there has been significant increase to immigration fees over the years with limited refund provisions if the application fails.

To give your matter a good chance of a positive outcome and make that investment worthwhile, our recommendation is to engage the services of a trusted Registered Migration Agent or Immigration Lawyer (registered with OMARA). There will be additional costs associated with their services which can vary depending on their level of expertise and complications associated with your case.

A list of relevant professionals registered with OMARA can be found here.

If you want to learn more or want to know more about Australian visas, contact us for a confidential discussion on your visa options.