Migration agent service agreement: what the Code of Conduct requires

Every registered migration agent in Australia needs a written service agreement with a client before providing immigration assistance. This page sets out what the Migration (Migration Agents Code of Conduct) Regulations 2021 require the agreement to contain, as a checklist for writing or reviewing your own template. It is a summary as at November 2026, not legal advice: read the Code itself and the OMARA guidance for the full requirements.

Before you start work

• Consumer guide (s 38): give the client a copy of the Consumer Guide before providing immigration assistance.
• Service agreement (s 42): do not provide immigration assistance unless a written service agreement covers it. The agreement must authorise you to act, and be signed by the client and by you (or another registered migration agent in your business).
• Initial consultation (s 43): a first consultation on a matter does not need a service agreement, but its fee must be reasonable and you must give the client your MARN.
• No money in advance (s 51): do not receive any money for a matter until a service agreement covering it is in force, except for an initial consultation.

What the service agreement must contain

Use this as the outline of your template. Under s 42(3) and Division 3, the agreement sets out:

1. The client: each client's name, date of birth, email address (if any) and residential address.
2. The agent: your name, MARN and contact details.
3. The work: details of the immigration assistance you will provide.
4. The Consumer Guide: a statement that the client has been given a copy.
5. The client file: what will happen to the client's file.
6. Fees (s 46): either an hourly rate with a reasonable estimate of the time needed, or a fixed total fee, including GST. Fees must be fair and reasonable.
7. Disbursements (s 47): the disbursements likely to be incurred, each with an amount or a reasonable estimate.
8. Payment terms (s 48): when payments are due, and any interest charged on unpaid amounts.
9. Refunds (s 52): a fair and reasonable refund policy. Refunds must be paid promptly, and no later than 14 days after they become payable.

After it is signed

• Changes (s 44): vary the agreement only with written notice giving reasons and the client's written agreement, unless the agreement provides otherwise.
• Going over the estimate (s 46(4), s 47(4)): do not charge more than the estimate except in exceptional circumstances, with an updated written estimate and the client's written agreement. Never charge more than the actual cost of a disbursement.
• Invoices and receipts (s 49): give the client an itemised invoice before charging any fee or disbursement, and a receipt linking each payment to the work.
• Client money (s 50): pay money received for a client into an account with a financial institution, kept only for client money, and withdraw it only for the permitted purposes.
• Records (s 55, s 56): record oral instructions and advice in writing at the time, keep a client file with the service agreement, communications and invoices, and keep it for 7 years after the last action on it.

Is there an official service agreement template?

The Office of the Migration Agents Registration Authority (OMARA) does not publish a template agreement. It publishes guidance, including Is your service agreement clear? Most practices keep their own template built around the items above.

Since 1 April 2026, the Migration Agents Regulations 1998 have been replaced by the Migration Agents Regulations 2026. The Code of Conduct itself was not changed, but references to the old Regulations in your template may need updating.

Service agreements in Immiluma

In Immiluma, your practice keeps its agreement template once. For each client:

• Start a new agreement from the template, and the client's details from their record fill in on their own.
• Edit the copy for this client only; the template stays as it is.
• A registered person signs it and sends it to the client's portal, where the client signs it. The text is fixed once sent; to change it, void it and issue a new one.
• Each matter starts from your fee plan for that visa, with payment stages, and invoices are itemised and linked to the client's record.
• The signed agreement, messages, invoices and activity stay on the client's record, and an owner can export practice records at any time.

See how the immigration CRM side of Immiluma handles enquiries, agreements, fees and invoices.