Choosing a migration agent for a partner visa

If you are applying for a partner visa, you are not required to use a migration adviser, and no adviser can guarantee an outcome. What a licensed migration adviser can do is prepare and lodge your application, advise you on the evidence required, and communicate with the immigration authority on your behalf. Before you engage anyone, verify that they are licensed or exempt, confirm what their fee covers, and check whether the person you are dealing with is actually the adviser named on the licence. The official regulator and the immigration authority publish the checks you should make, and those checks are the only reliable basis for choosing an adviser.

What the regulated role of a migration adviser covers

A licensed migration adviser is a regulated professional. The role exists because immigration applications are legal processes with specific evidence requirements, and because unlicensed assistance can cause real harm to an application. The regulator, the Office of the Migration Agents Registration Authority (OMARA), is the body that sets the standards for the profession in Australia. For New Zealand, the Immigration Advisers Authority (IAA) performs the equivalent function.

When you engage a licensed adviser, you are buying a defined service. That service typically includes:

• assessing your circumstances against the relevant visa criteria
• advising you on the documents and evidence you need to provide
• preparing and lodging your application
• corresponding with the immigration authority about your application
• advising you on any requests for further information

What the role does not include is a promise of a particular outcome. No adviser controls the decision. The decision is made by the immigration authority on the evidence you provide, and the evidence must meet the legal criteria for the visa. If an adviser tells you that your approval is guaranteed, or asks you to pay a large sum upfront on that basis, that is a warning sign, not a professional assurance.

Why a partner visa application is a specialist area

A partner visa is not a simple form-filling exercise. The criteria typically require you to demonstrate that your relationship is genuine and continuing, that you are living together, and that you meet specific financial, social and commitment requirements. The evidence you provide must be consistent and must address each of the criteria. If the evidence is incomplete or inconsistent, the application can be refused, and a refusal can have consequences for later applications.

Because the evidence requirements are detailed, an adviser who works in this area should be able to explain clearly what you need to show and why. They should also be able to tell you what happens if you do not have a particular document, and what alternatives may be available. A generalist adviser who cannot answer these questions may not be the right person for your application.

How to verify that an adviser is licensed

Before you pay anyone, check their registration. The checks are public and they are free.

For Australia, the OMARA register is the authoritative source. You can search the register by name or by the adviser’s registration number. The register will tell you whether the person is currently registered, whether there are any conditions on their registration, and whether they have any disciplinary history. You should also check that the person you are dealing with is the person named on the registration. Some businesses employ licensed advisers but also employ unlicensed staff who handle applications. If you are dealing with someone who is not the licensed adviser, you need to know that.

For New Zealand, the IAA publishes a similar register. You can check whether an adviser is licensed, and you can also check whether they hold a licence that allows them to give immigration advice. The IAA also publishes information about complaints and disciplinary action.

If you are using an adviser for an Australian application, you should also confirm that they are a registered migration agent. The term “migration agent” is protected in Australia. Only a registered migration agent can provide immigration assistance for a fee. If someone is not on the OMARA register but is offering to help you with an Australian visa application for a fee, that is a breach of the law, and you should not engage them.

What fees you should expect and what to ask about

The official guidance does not set out standard fees for migration agents, and no official fee schedule exists. Fees vary depending on the adviser, the complexity of your application, and the amount of work involved. What you should do is ask for a written quote before you engage anyone, and ask specifically what the quote covers.

You should ask the following questions before you pay:

• What is the total fee, and what does it include?
• Does the fee cover the initial assessment, the preparation of the application, and the lodgement?
• Does the fee cover correspondence with the immigration authority after lodgement, including requests for further information?
• Does the fee cover a refusal and an appeal or a review?
• Are there any additional costs, such as visa application charges, that are payable separately?
• What is the refund policy if you withdraw before the application is lodged?

You should also ask how the adviser will communicate with you, how often you will receive updates, and who will be handling your file. If the adviser uses unlicensed staff to prepare your application, you should ask how the licensed adviser supervises that work. The licensed adviser is the person responsible for the quality of the advice, and they should be the person who reviews the application before it is lodged.

What to verify on the official pages

The official pages below are the places to check before you engage an adviser. They are not marketing pages. They set out the rules and the checks that protect you.

• The OMARA register for Australia: search by name or registration number to confirm that the adviser is currently registered and has no conditions or disciplinary findings.
• The IAA register for New Zealand: confirm that the adviser holds a licence that permits them to provide immigration advice, and check for any complaints or disciplinary action.
• The immigration authority’s own guidance on using an adviser: this will tell you what to expect from a licensed adviser and what to do if you have a complaint.

If you cannot verify an adviser on these registers, do not engage them. If the adviser is not registered but claims to be exempt, ask them to explain the exemption in writing, and then verify that explanation with the regulator. An exemption is a narrow category, and it does not cover most commercial advisers.

What to do next

Before you pay anyone, do three things. First, check the relevant register to confirm the adviser is licensed and in good standing. Second, ask for a written quote that sets out the total fee and what it covers. Third, ask the adviser to explain, in your own words, what your application needs to prove and what evidence you will need to provide. If the adviser cannot do that clearly, or if they avoid the question, that is a reason to look elsewhere.

You should also check the official visa pages for the partner visa you are applying for. The visa criteria, the evidence requirements and the application charges are all published there. An adviser should be able to explain those criteria to you, and you should be able to check their explanation against the official material. If the two do not match, trust the official material.

Finally, remember that you can apply for a partner visa without an adviser. If your case is straightforward, and you are comfortable preparing the evidence yourself, you do not need to pay for help. The decision to use an adviser is a personal one. If you do use one, use a licensed adviser, verify their registration, and confirm the fee in writing before you commit.