The quick answer is yes, hourly rates are completely legal for Registered Migration Agents (RMAs) in Australia.

Under the statutory framework enforced by the Office of the Migration Agents Registration Authority (OMARA), the government does not set or cap the prices that agents can charge. Agents are legally permitted to structure their pricing model using either flat fixed fees, staged milestone structures, or billable hourly rates.

However, under the Migration Agents Code of Conduct and the modern Migration Agents Regulations 2026 consumer protections, charging an hourly rate comes with strict transparency and disclosure requirements. An agent cannot simply bill you for random hours without an airtight, pre-signed legal framework.

1. The OMARA Rules: Mandatory Written Disclosures

While hourly billing is allowed, the Migration Agents Code of Conduct strictly outlaws “surprise” invoices. Before an agent can perform even one hour of billable work on your visa file, they must provide you with a comprehensive, written Agreement for Services (also known as a Contract).

If an agent utilizes an hourly billing structure, that written contract must explicitly itemize:

• The Exact Hourly Rate: The specific dollar amount billed per hour, clearly stating whether the rate is inclusive or exclusive of GST (Goods and Services Tax).
• A Binding Estimate of Hours: The agent must legally provide a realistic, good-faith estimate of the total hours the visa application or Administrative Review Tribunal (ART) appeal is likely to take.
• An Estimate of Disbursements: A clear forecast of external costs not covered by the hourly rate, such as Department of Home Affairs visa application charges, skills assessment vendor costs, or medical examination fees.

If the complexity of your case deepens mid-process and the agent needs to exceed their initial hourly estimate, they cannot automatically bill you more. They are legally required to issue a formal, written amendment to the Service Agreement, which you must sign and approve before the extra hours are logged.

2. Fixed Fees vs. Hourly Rates: Strategic Framework

Most migration agencies in Australia favor flat fixed-fee packages for standard applications, but hourly rates remain common for highly specialized, unpredictable immigration litigation.

When Fixed Fees Make Sense

For standard pathways like Partner Visas (Subclass 820/801), Graduate Visas (Subclass 485), or baseline Skilled Independent Visas (Subclass 189), fixed fees provide financial certainty. You pay a set price for the entire package, meaning if a case officer issues a random Request for Further Information (RFI), you aren’t penalized financially for the extra paperwork time.

When Hourly Rates Are Appropriate

Hourly rates are highly practical for open-ended, unpredictable matters where the total workload cannot be accurately quantified upfront. This includes:

• Character and Health Submissions: Drafting comprehensive responses to fight a potential visa refusal due to past criminal histories or complex medical conditions.
• Employer Sponsorship Audits: Assisting businesses through complex corporate investigations or navigating complex compliance reviews.
• Administrative Review Tribunal (ART) Representation: Preparing legal briefs and cross-examining immigration decisions where hearing times and preparation lengths shift constantly depending on court timelines.

Pricing Structure Consumer Matrix

3. Protecting Your Money: The Client Trust Account Rule

Whether an agent bills by the hour or by the project, they are strictly barred from depositing your upfront retainer payments directly into their personal or everyday business operating bank accounts.

Under OMARA regulations, all unearned consumer funds must be held securely in a dedicated Client Trust Account.

• How it Works with Hourly Rates: The agent keeps your deposit in the trust account as a buffer.
• The Invoicing Protocol: As the agent executes the work, they must issue you a fully itemized invoice detailing the exact dates, tasks performed, and fractions of hours spent (e.g., 0.5 hours spent drafting submissions). Only after the invoice is officially issued can they legally withdraw those corresponding funds from the trust account.