OMARA compliance is the foundation of a professional migration practice. The Office of the Migration Agents Registration Authority sets the standards for how registered migration agents operate, and failing to meet those standards can result in caution, suspension, or cancellation of your registration.
But compliance isn't just about avoiding punishment — it's about running a practice that protects your clients and builds trust. Here's a practical checklist that covers everything you need to stay compliant in 2026.
1. Client service agreements
Under the Code of Conduct, you must provide a written service agreement to every client before beginning work. The agreement must include:
- A clear description of the services you will provide
- The total fees (or estimated fees) and when they're payable
- Your MARN and OMARA complaint contact details
- The client's right to terminate the agreement
- What happens to fees already paid if the agreement is terminated
- Your professional indemnity insurance details
Common mistake: Starting work on a "verbal agreement" and sending the written agreement later. OMARA's position is clear — the agreement must be in place before you provide immigration assistance.
2. File notes
File notes are the single most important compliance requirement. Every interaction with or on behalf of a client must be documented with a contemporaneous file note. This includes:
- Phone calls (date, time, duration, summary of discussion)
- Emails (the email itself is usually sufficient, but note any verbal context)
- Advice given (including the basis for the advice)
- Instructions received from the client
- Actions taken (lodgements, submissions, correspondence with DHA)
- Key decisions and their rationale
File notes should be contemporaneous — made at the time of the event or as soon as practicable afterwards. Backdated file notes created during an audit are obvious and problematic.
Best practice: Use case management software that automatically timestamps every file note and makes them immutable once saved. LodgeHQ creates timestamped, tamper-evident file notes that satisfy OMARA's audit requirements.
3. Continuing Professional Development (CPD)
Registered migration agents must complete a minimum of 10 CPD points per registration year. At least 5 points must be from OMARA-approved activities. CPD categories include:
- Migration law updates — legislative changes, policy updates, case law
- Practice management — ethics, client communication, business skills
- Professional development — conferences, seminars, workshops
- Self-directed learning — reading publications, online courses
Track your CPD throughout the year — don't scramble to accumulate points in the final month before your registration renewal. Keep certificates of completion, attendance records, and notes on what you learned.
4. Conflict of interest management
Before taking on any new client, you must check for conflicts of interest. Common conflict scenarios in migration practice:
- Representing both an employer and a visa applicant in the same sponsorship (this can be done but requires written disclosure and consent from both parties)
- Acting for a client whose interests conflict with an existing client
- Personal relationships that could affect your professional judgment
Document your conflict check for every new matter — even if no conflict exists. This creates an audit trail showing you took the requirement seriously.
5. Trust account management
If you hold client funds (visa application charges, third-party fees), you may need a trust account. Key requirements:
- Client funds must be kept separate from your business operating funds
- Trust account records must be maintained and reconciled regularly
- You must provide receipts for all money received
- Interest earned on trust accounts belongs to the client unless otherwise agreed
Many agents avoid the trust account requirement by using third-party payment processors and only collecting their own fees. If you do hold client funds, meticulous record-keeping is essential.
6. Privacy and data security
Migration agents handle highly sensitive personal information: passports, financial records, health information, and police clearances. Your obligations include:
- Secure storage of client files (physical and digital)
- Access controls — only authorised staff should access client files
- Privacy policy that complies with the Australian Privacy Act
- Data breach notification procedures
- Secure destruction of client files after the retention period
Common mistake: Storing client documents in personal email or consumer cloud storage (Google Drive, Dropbox free tier) without proper access controls. Use enterprise-grade, encrypted storage — ideally within your case management platform.
7. Registration renewal
Don't leave renewal to the last minute. You need to:
- Submit your renewal application before your registration expiry date
- Confirm your CPD compliance
- Confirm your professional indemnity insurance is current
- Pay the renewal fee
- Declare any changes to your fitness and propriety
Operating while unregistered — even briefly due to a late renewal — is a criminal offence under the Migration Act.
8. Audit preparation
OMARA conducts random audits of registered migration agents. If you're selected, they will typically request:
- Sample client files (usually 5-10)
- Service agreements for each sampled matter
- File notes demonstrating your advice and actions
- CPD records
- Trust account records (if applicable)
- Evidence of professional indemnity insurance
If your files are in order — service agreements signed before work commenced, contemporaneous file notes, clear CPD records — an audit is straightforward. If they're not, an audit becomes a stressful, time-consuming process that can result in sanctions.
Automate what you can
Compliance shouldn't eat up hours of your week. The right software automates the most time-consuming parts: timestamped file notes, CPD tracking, conflict checks, audit trails, and secure document storage. This lets you focus on what you do best — helping clients navigate the visa process.
We built OMARA compliance directly into LodgeHQ because we believe compliance should be a byproduct of good workflow, not a separate burden. Every action is logged, every file note is timestamped, and your CPD tracker shows exactly where you stand at any point in the year.