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Category A · Workshop · 2 CPD pointsMandatory · Code of Conduct2 hours

Code of Conduct (Mandatory): Issues in Employer-Sponsored Visas

Acting for the Australian employer and the nominee — subclasses 482, 186 and 494

Every 482, 186 and 494 pathway involves two distinct interests under one immigration matter: the sponsoring employer and the nominated employee. This facilitator-led workshop examines how the Migration (Migration Agents Code of Conduct) Regulations 2021 apply at each stage — identifying who the client is (ss 33 and 36), managing disclosable and actual conflicts of interest under s 34, maintaining information walls between employer and nominee under s 35, structuring multi-party service agreements and fees (ss 42–52), and the futile-assistance and false-statement risks in ss 19–21. The session closes with records, notifications and a practical risk-management checklist you can apply to your next sponsored file.

This workshop is designed for the mandatory Code of Conduct topic for RMAs.

Learning outcomes

By the end of this workshop, participants should be able to:

  1. 01Explain the legislative basis of the Code of Conduct (Migration Act s 314, 2021 Regulations) and why sponsored visas attract particular scrutiny.
  2. 02Identify who the client is in a 482/186/494 matter and document the engagement correctly at intake.
  3. 03Distinguish disclosable conflicts (s 34(1)–(3)) from actual conflicts (s 34(4)) and apply the correct response to each.
  4. 04Maintain confidentiality between employer and nominee (s 35) and know the exceptions.
  5. 05Structure compliant service agreements and fee arrangements in multi-party engagements (ss 42–52).
  6. 06Recognise genuineness and integrity risks under ss 19–21 and respond to suspected false or misleading documents.
  7. 07Apply a practical records, notification and risk-management checklist to sponsored files.

Session plan

  1. 01
    Regulatory framework
    Legislative basis, purpose and OMARA oversight
    10 min
  2. 02
    The sponsored visa landscape
    482, 186 and 494 — parties and pathway
    10 min
  3. 03
    Who is the client?
    Dual-party dynamics between employer and nominee (ss 33, 36)
    15 min
  4. 04
    Conflicts of interest
    Section 34 — identifying and managing dual representation
    20 min
  5. 05
    Confidentiality
    Section 35 — information walls between employer and nominee
    15 min
  6. 06
    Service agreements & fees
    Sections 42–52 — structuring multi-party engagements
    15 min
  7. 07
    Futile assistance & false statements
    Sections 19–21 — genuineness and integrity risks
    15 min
  8. 08
    Records, notifications & risk management
    Sections 28–32, 55–56 and a practical checklist; case work and Q&A
    20 min

How it runs

Live & interactive
Led in real time by the facilitator on Zoom (meeting format: video, chat, breakout rooms) or face-to-face. Minimum 6, maximum 30 participants. At least half of contact time is active learning.
Materials
Learning outcomes, pre-reading, the participant workbook and the joining guide are released 7 days before the session.
Attendance
Identity and MARN checked on entry. Camera on throughout (online). Roll calls and at least 4 timed participation checkpoints. You must attend the full session.
Certificate
After the session our staff verify your attendance, and your certificate is issued within 5 business days.
Ask anything, anytime
Booking unlocks the RMA Q&A, where Vikas Jain answers your law and policy questions personally whenever they come up, plus the Resource Library (Code-compliant templates, checklists and our workshop slide decks).
Reporting
We notify the Office of the Migration Agents Registration Authority (OMARA) through the OMARA Portal within 14 days of the workshop, once your full attendance has been verified.

Full details: attendance & participation · learning & certificates · online participant support · cancellations

Presenter

Vikas Jain
Principal Solicitor & Director, Wickham Lawyers

Over twelve years of legal practice, predominantly in Australian migration law. Admitted to the High Court of Australia and the Supreme Court of Queensland, and as a Barrister & Solicitor of the High Court of New Zealand. Former Registered Migration Agent (MARN 0958336). Four-time finalist, Lawyers Weekly Migration Partner of the Year.

Full profile →