MARA and Offshore Migration Agents- Understanding the Difference
When you browse through the internet you will come across a lot of advice about engaging MARA agents for better accountability for your case representation. Some advisors also seem to shout against the use of migration agents who are not MARA members. Let’s examine this more closely.
Who Are MARA Registered Agents?: These are people providing migration advice [usually within Australia]. Since “Migration Agents” is a regulated occupation in Australia, those who engage in migration services consultancy need to be registered with the Office of Migration Agents Registration Authority [MARA]. This implies that they are required to complete the necessary education and undertake CPD courses to stay updated with the migration legislation. They are also bound by the Migration Agent Code of Conduct.
According to the Department of Home Affair [DHA] the top 10 countries providing the most permanent migrants to Australia in order of rank for 2019–20 were:
- India
- People’s Republic of China
- United Kingdom
- Philippines
- Vietnam
- Nepal
- New Zealand
- Pakistan
- South Africa
- United States of America
Clearly, how accessible would the MARA agents be to those seeking to migrate from India, the UK or the USA? How many MARA agents would be able to relate to the country specific circumstances around the application procedures? What about language barriers? How about the reliability issue in terms of engaging a consultant whom you can visit or have personal references for?
A very large number of people migrating to Australia prefer to represent their cases through Offshore Migration Agents instead of choosing from a list of the MARA agents who may look very alien to them. While it is true that Offshore Agents do not fall under the umbrella of the MARA and are not controlled for complaints and regulations, many of the Offshore Agents may also lack the competence and necessary understanding of law. However, this may be true for MARA certified agents as well. Many MARA registered agents may be eligible to offer advice but may severely lack the necessary experience and competence in providing expertise and a highly qualified advice to their clients.
Okay, let’s go with me as a classic example. I have been providing migration consultancy for Skilled Migration to Australia for over 20 years now, having handled thousands of visa applications. With a rock solid reference base of clients happily settled in Australia clients are often recommended to choose us over others. Now I have seen the Australian Migration process evolve over the years. Many may not even be familiar with the number of times the Department of Home Affairs underwent a change in its name from DIAC to DIBP and now to DHA. So with all the experience in terms of the theoretical understanding of the migration legislation and the practical hands on experience with thousands of applications, I would also like to be MARA certified. Can I be? The answer to that is a big “No” because the MARA membership is limited to those who are Australian Permanent Residents or Citizens. So let’s now look at it this way- Are we saying that those migrating from the UK, Philippine or the USA have all appointed migration agents in Australia? That’s a big “No” again. Someone in the UK may choose to use the services of an Offshore [those who are outside Australia] a UK Migration Agent.
India did face an accountability constraint for quite some time but with the new licensing becoming mandatory for those engaged in the profession of providing immigration or visa advice, the Offshore Migration Agents come under the scanner of considerable accountability within the jurisdiction of India. Similarly, all other countries have their own procedure of making the Offshore Migration Agents accountable for safeguarding the interests of the clients.
Analytics also reveal that some MARA agents handle visa applications in a year equivalent to less than the fingers of your hand, while it would not be an overstatement to state that some of the largest number of visa applications handled in a year come from Offshore Migration Agents.
Some Offshore Agents have also been assigned a 7 digit number which is similar to the 7 digit MARA agent number but is in actuality an Offshore Migration Agent ID allocated to them by the Department of Home Affairs [DHA].