Form 956 vs 956AChecked: appointing an agent or a recipient

A new client signs on, and before any real work starts you need the Department to know you're acting for them. Or you're applying for your own visa from overseas, and you want your sister in Melbourne to get the letters. Two forms, two numbers that differ by one letter, and two quite different jobs.

This guide explains what each one does, quoting the forms' own wording. It's general information, not legal or migration advice. A registered migration agent or lawyer can advise on your case.

What's the short answer?

Form 956 appoints someone to give you immigration assistance: a registered migration agent, a legal practitioner or an exempt person. It can also make them your authorised recipient. Form 956A appoints someone only to receive the Department's documents for you, or withdraws that appointment. Advice means 956. Mail only means 956A.

Who can be appointed on a Form 956?

Only three kinds of people. Form 956 says it "can only be used by" a registered migration agent, a legal practitioner or an exempt person. Registered migration agents are registered with the Office of the Migration Agents Registration Authority (OMARA). Legal practitioners hold an Australian practising certificate. Exempt persons are listed on the form.

A few definitions straight from the form:

• Registered migration agent: "a person who is registered with the Office of the Migration Agents Registration Authority (OMARA) to provide immigration assistance". You can check registration on the OMARA website (opens in a new tab).
• Legal practitioner: "a lawyer who holds an Australian legal practising certificate (whether restricted or unrestricted)".
• Immigration assistance: using knowledge or experience in migration procedure to help someone with a Migration Act matter. The form adds that it "does not include simply filling in an application form, translating or interpreting or passing on information about an application without comment or explanation."

The form also asks what the assistance covers: an application process, a cancellation process, or a specific matter such as sponsorship monitoring or one stage of a two-stage visa.

What is an authorised recipient (Form 956A)?

An authorised recipient is "a person appointed to receive documents from the Department relating to matters arising under the Migration Act 1958 … on behalf of another person." Once appointed, the Department sends your documents to them, and you're "taken to have received any documents sent to your authorised recipient as if they had been sent to you."

That last line is the one to explain to clients. If the letter reaches your recipient, it has legally reached you, even if they forget to pass it on. Under most circumstances, Form 956A says, "you will not receive a separate copy".

Three more rules from Form 956A:

1. One at a time. "You may only appoint one authorised recipient at any time for a particular application or matter." The Department sends documents to the most recently appointed one.
2. No discussion by default. The Department "cannot discuss matters relating to you with the authorised recipient" unless they're also your agent, lawyer or exempt person, or you've separately given consent.
3. Sensitive content. Documents "might include sensitive information about matters such as your health and character". Choose someone you trust with that.

Do you need both forms if you have an agent?

Usually not. Form 956A says don't use it if you're appointing a registered migration agent, Australian legal practitioner or exempt person "and they will also be your authorised recipient". Instead, the representative completes Form 956 and answers yes at Question 17, which asks whether they've been authorised to receive written communication for you.

You'd use both forms only when the adviser and the mail recipient are different people. For example, an agent gives advice (Form 956, not authorised to receive documents), and a relative receives letters (Form 956A). That split is unusual, and it can slow things down, so think about it before you set it up.

Who counts as an exempt person, and can they charge?

Exempt persons can give immigration assistance without being registered, but only for free. Form 956 lists them, and it warns: "As an exempt person you must not charge a fee for your assistance. In Australia, if you do charge a fee you are committing an offence and penalties of up to 10 years jail can apply."

The exempt list on Form 956:

• a close family member (spouse, child, adopted child, parent, brother or sister of a visa applicant)
• a sponsor or nominator for a visa applicant
• a member of parliament or their staff
• an official appointed or engaged under the Public Service Act 1999, or a member of a state or territory public service, giving assistance as part of their duties
• a member of a diplomatic mission, consular post or international organisation

An exempt person who helps a relative still uses Form 956, ticks "Exempt person" and gives the reason.

How do you end or withdraw an appointment?

For a representative, use Part B of Form 956, "Ending appointment", or notify the Department in writing. For an authorised recipient, the client can use Parts B and C of Form 956, write to the Department, or complete Form 956A with withdrawal ticked. The form asks the client to confirm a withdrawal in its declaration.

Steps for an agent whose engagement has ended:

1. Complete Form 956, ticking "Appointment has ended" where the form asks whether you're notifying a new appointment or an ended one.
2. Fill Part B with your details, the client's details and the Request ID or Transaction Reference Number.
3. Answer Question 19: were you also the authorised recipient, and is the client ending that too?
4. Sign your declaration in Part C. If the authorised recipient appointment is being withdrawn, the client completes their declaration too.
5. Keep a copy, and tell the client what changes for them (letters will now come to them directly).

What mistakes cause problems?

The common ones are using 956A for an agent, forgetting a new 956 for a new matter, and leaving out dependent applicants. Each can mean letters go to the wrong person or the Department doesn't recognise who's acting. Check the boxes below before lodging.

• The right form: advice means 956, mail only means 956A
• A new Form 956 for each matter
• All dependent applicants listed (Form 956 says all persons listed "will be considered to have appointed the same person")
• For 956A: anyone 16 or older who wants a different recipient completes a separate 956A
• Question 17 answered, so it's clear whether you're also the authorised recipient
• MARN or Legal Practitioner Number filled in
• Representative's and client's declarations both signed and dated

How do agents handle these forms at volume?

Treat the Form 956 as part of onboarding, filled from the client record you create at intake. Names, dates of birth, the visa subclass and reference numbers are already in that record, so retyping them is where errors creep in. A clean intake record also feeds every later form.

AppliFlo's PDF & Word forms library includes Forms 956 and 956A among its 54 official forms, filled from the client's record with anything uncertain flagged for review. Sign can route the filled form to your client with signing order and an audit trail. If you sign electronically, check that the Department accepts an electronic signature for that form in your situation before relying on it.

For the bigger picture of agency paperwork, see the migration agent paperwork playbook and our migration agencies page. For the other Home Affairs forms you'll meet in the same case, start with the Australian visa forms guide.