So, my Agent isn’t Registered? So what!
You don’t have to spend long on any Ex-Pat, migration or visa advice section of the Internet to find “The Swarm”. Any post asking for visa advice, and particularly any post asking for a Migration Agent recommendations, brings The Swarm out in force.
The numbers will vary depending on the popularity of the page and its moderation policies but there will always be a few. The message might be “I can help, WhatsApp me on…”, or a slightly bossier “DM me” or the most direct of all “Message sent”. What there will generally be is a long list of people all offering their migration services.
There are a few common elements to the messages. They will generally not offer any kind of help or advice or be at all specific to the user asking the question. They will be copy & pasted, generic messages that are dropped across multiple message threads. Often it will just be an image of a business card. Low effort, high volume. Sound familiar? It should, because these are classic spammer tactics. And they are almost always from unregistered Migration Agents.
Now this might sound like a bit of a Privilege Whinge. Here at mcdonagh | migration everyone who provides migration advice is a Registered Migration Agent (RMA). That comes with an overhead and a cost, so it might seem like I’m moaning about the competition.
But it’s much, much more serious than that. An article on the ABC (linked below) tells a heartbreaking story of a young woman and her family who were scammed by an unregistered Agency. The family borrowed and spent $13,000, mortgaging their farm to do so. All they have to show for it are a handful of forged documents. Police estimate the scammers made $1.2 million from scores of families. In that single agency. So unregistered agents don’t just steal business from the legitimate industry. At worst they may be criminal fraudsters preying on the vulnerable.
Real vs fake – a spotters guide
So how can you tell a genuine Agent from a fake? It isn’t easy as many will be very convincing. Here are 3 easy checks to verify:
1. Ask for the Migration Agent Registration Number (MARN)
The easiest way to verify. Every genuine RMA will quote you their MARN. It will be in their email signature. It will be on their website and referenced in their online or social media posts. You can verify it is legitimate by searching on the OMARA website. Don’t accept advice from anyone without a MARN. And don’t accept excuses like “I work with an Agent, here is their MARN”. No MARN, no advice!
2. Check the website
Legitimate Agencies will have their registration details listed on the website (our ‘About’ page has a “Legal Detail” section listing my MARN, our company ABN and linking to the Code of Conduct, for example). If an Agency doesn’t list these details, talks about “working with” Agents or doesn’t reference the Code of Conduct then these are red flags
3. The Code of Conduct
All RMAs are bound by the Code of Conduct. And we are bound to tell people that! In my first email to you I will link to the Code and the Consumer Guide. The invite to your Initial Consultation will also link to them. And at the start of that Initial Consult I will ask if you have received them. Because it is essential you are aware of your protections. If your Agent has not mentioned the Code to you, linked to it or sent you a copy then that is another red flag
But not all fake Agents are scammers
A common defence is that some people genuinely offer Migration Services and are unregistered. Outside Australia there is no legal requirement to be Registered to provide migration advice. So why go with a Registered Agent? After all they may be more expensive.
Well it does come back to that Code of Conduct again. To retain registration all RMAs must comply with some rules:
· We must be qualified. We must hold a post graduate qualification in Australian Migration Law and have passed the “Capstone” (an exam with a failure rate of between 40-60% per sitting)
· We must stay up to date. We must have subscriptions to professional libraries (the Law, basically) and undertake annual training
· We must be insured. This gives you cover in case we make errors
· We have obligations around how we manage your money. We must keep your fees separate to our business’ money and ensure we have enough on hand to cover refunds
None of this applies to unregistered Agents.
Migrating to Australia is a once in a lifetime thing. Like getting married or having children it is something that will change your life forever. It is an expensive and time consuming process.
So why risk it by taking a chance on an Agent who isn’t Registered?
If you would like help or advice on a Migration issue please feel free to get in touch on hello@mcdonaghmigrations.com.au and we can set some time up (with an RMA!) to talk through your options