Indian visa applicants are being urged to check who is advising them after the Australian Government announced tougher action against migration agents who encourage applications or claims without merit.
In a migration reform package announced on 17 September, Home Affairs Minister Tony Burke said the government would change the rules governing migration agents so agents who promote non-meritorious claims could be sanctioned or deregistered. The accompanying official media release described the measure as a crackdown on rogue migration agents who knowingly support applications without merit.
The announcement is significant for Indian Australians sponsoring relatives, international students, skilled workers and people navigating complex visa decisions. It does not mean that every refused application involved misconduct, or that a registered agent can guarantee success. It means applicants should be especially cautious about advisers promising a shortcut, a certain visa or years of extra stay through appeals.
What the government has announced
In his National Press Club address, Burke said the migration-agent code would be changed to allow sanctions and deregistration where agents encourage non-meritorious claims. The measure formed part of a wider package covering student visas, visitor visas, skilled processing, working holiday makers and visa compliance.
The announcement sets the policy direction, but applicants should not assume every operational detail took effect on the day of the speech. The government had not published a full implementation timetable or the final amended code in the material released on 17 September. Decisions should therefore be based on current Home Affairs rules and written advice—not social-media summaries about what may change.
Seven checks before paying a migration adviser
1. Verify the person’s authority
In Australia, paid immigration assistance can generally be provided by a registered migration agent or an Australian legal practitioner. Search the official register through the Office of the Migration Agents Registration Authority (OMARA). Match the adviser’s full name and registration details rather than relying on a logo, business card or WhatsApp profile.
2. Be sceptical of guarantees
No adviser can guarantee that Home Affairs will grant a visa. Treat claims such as “100 per cent approval”, “special connection inside the department” or “PR assured” as serious warning signs. A responsible adviser should explain eligibility, risks, evidence requirements, fees and realistic alternatives.
3. Demand a written service agreement
Before paying, obtain a document that identifies the adviser, the work to be performed, professional fees, government charges, refund terms and complaint process. Keep invoices and receipts. If the person refuses to put promises in writing or pressures you to pay immediately, pause the process.
4. Read every form before it is submitted
Home Affairs warns that applicants remain responsible for information in an application even when somebody else prepares it. Never sign a blank form or approve documents you cannot read. Check names, employment history, qualifications, travel, relationships and previous refusals for accuracy. Ask for a complete copy of the lodged application and attachments.
5. Never agree to false documents or a made-up story
Scam agents may offer fabricated employment records, bank statements, enrolments or claims designed only to extend a person’s stay. The department’s visa scam guidance warns that migration fraud can lead to financial loss, visa refusal or cancellation, future ineligibility, removal from Australia or a ban on returning. “The agent told me to do it” may not protect the applicant from consequences.
6. Keep control of your account and correspondence
Use your own secure email address, protect your ImmiAccount, enable available security controls and keep copies of every notice. Do not share one-time security codes casually. Confirm that you will receive departmental requests and decisions promptly; missed deadlines can have serious effects.
7. Get a second opinion when the strategy sounds unusual
Seek independent advice if an adviser suggests lodging a claim they admit is weak, using a visitor pathway for a different purpose, hiding relevant information, or relying on repeated applications and appeals simply to gain time. A second registered professional can help distinguish a lawful but difficult case from a strategy that creates avoidable risk.
Warning signs Indian families should recognise
- large cash-only payments without receipts;
- pressure through WhatsApp, Telegram, Facebook or community groups;
- claims that registration is unnecessary because the adviser operates from India;
- requests to transfer money to unrelated personal accounts;
- refusal to disclose what was lodged in your name;
- advice to ignore visa conditions or conceal a refusal; and
- threats that your visa will be harmed if you complain.
Using an overseas adviser can add complexity because Australian registration and complaint protections may not apply in the same way. Verify whether the person is authorised to provide Australian immigration assistance and consider obtaining advice directly from an Australian registered agent or legal practitioner.
How to report suspected misconduct or fraud
Complaints about a registered migration agent can be made to OMARA through its online complaints process. Suspected migration fraud, unregistered paid immigration assistance or visa scams can be reported to Australian Border Watch; Home Affairs says reports may be made anonymously. Financial scams can also be reported to Scamwatch, while an immediate threat or crime in progress should be reported to police on 000.
If your application may contain incorrect or false information, obtain independent professional advice quickly before changing, withdrawing or adding anything. Deadlines and consequences depend on the individual case.
The practical takeaway
The government’s proposed tougher approach places migration-agent conduct under sharper scrutiny, but applicants remain their own first line of defence. Verify registration, insist on written terms, review every claim and keep control of your documents. For Indian Australians helping relatives or friends, the most useful support may be encouraging a careful second check before money is paid or an application is lodged.
This article provides general information, not migration or legal advice. Always check the latest Department of Home Affairs and OMARA guidance for your circumstances.