When you engage a Registered Migration Agent (RMA) in Australia to assist with your visa application, the formal relationship is governed by a Service Agreement. This document is not just paperwork; it is a legally required contract that protects both you and the migration agent.

If you are considering cancelling your agreement, it is vital to understand your rights, your obligations, and the professional standards that agents must follow under the Code of Conduct for Registered Migration Agents.

What Is a Migration Agent Service Agreement?

By law, a Registered Migration Agent cannot provide immigration assistance—other than during an initial consultation—unless there is a written Service Agreement in place. This contract serves as the foundation of your professional relationship.

According to the Office of the Migration Agents Registration Authority (OMARA), a valid Service Agreement must include:

• Detailed Personal Information: Your full name, date of birth, and contact details.
• The Agent’s Credentials: The agent’s full name and their unique Migration Agent Registration Number (MARN).
• Scope of Work: A clear explanation of exactly what services the agent will perform (e.g., visa strategy advice, document preparation, or application lodgement).
• Fee Structure: An itemized list of all fees for services, as well as estimates for third-party costs like visa application charges, medical exams, and translation fees.
• Payment Terms: Details on when and how payments must be made (e.g., upfront, in installments, or upon milestone completion).
• Termination Policy: An explanation of what happens if either party ends the contract early, including how files are handled and how refunds are processed.

Can You Cancel Your Service Agreement?

Yes. You have the right to terminate your relationship with a migration agent at any time, for any reason. Similarly, your agent may also decide to end the agreement, provided they give you proper notice.

If you wish to cancel your contract, follow these professional steps to ensure your visa application remains protected:

1. Provide Written Notice: You should notify your agent in writing (email is sufficient) that you wish to end the contract.
2. Notify the Department: It is critical that you inform the Department of Home Affairs (DHA) that the agent is no longer representing you. You can do this by lodging a new Form 956 (Appointment of a registered migration agent) if you have hired a new representative, or by notifying the Department directly if you are now self-representing.
3. Request Your Documents: Under the Code of Conduct, your former agent must return any documents belonging to you (such as original identity documents, qualifications, or relationship evidence) within 14 days of receiving your written request. They cannot hold your files “hostage” to force payment.
4. Finalize Invoicing: Upon termination, the agent must provide you with a final invoice detailing the work performed up to the date of cancellation. If you have paid for services in advance that were not delivered, you are entitled to a refund of those specific funds.

What Happens if There Is a Fee Dispute?

It is a common misconception that OMARA can force an agent to refund your money. OMARA monitors professional conduct, but it does not act as a financial arbiter for private contracts. If you and your agent cannot agree on a final refund amount:

• Check the Contract: Your Service Agreement should outline a “fair and reasonable” refund policy.
• Seek Resolution: Attempt to resolve the issue directly with the agent by requesting an itemized statement of services provided to date.
• External Agencies: If the dispute remains unresolved, you may need to consult consumer protection agencies or seek independent legal advice to pursue a refund through a civil tribunal or court.

Disclaimer: This information is for educational purposes and does not constitute legal advice. Always review your signed Service Agreement for specific terms regarding termination, as individual firm policies may vary.