Form: 956, Department of Home Affairs (design date 08/22)
Purpose: tells the Department a lawyer acts for you, or that the appointment has ended
Who completes it: the lawyer; who signs it: you, the client
How many: one form for each matter (the visa application and the sponsorship are separate matters)
Lawyer identified by: Legal Practitioner Number (LPN)
Authorised recipient: can be added on the same form
Not this form: Form 956A, if someone only receives letters for youWhat is Form 956?
Form 956 (appointing a lawyer to act for you) notifies Home Affairs that a client has appointed someone to give immigration assistance, or that the appointment has ended. Use the Department’s Form 956 PDF.
Under section 276 of the Migration Act 1958, immigration assistance includes using knowledge of migration procedure to prepare an application or advise on it. Translation, clerical work and passing on information without substantial comment are excluded by section 276(3).
Home Affairs’ Using a legal practitioner page explains that, once appointed, the lawyer can discuss your application with the Department and provide information it requests.
Who can be appointed on Form 956?
For appointing a lawyer, the eligible person is:
- An Australian legal practitioner holding a state or territory practising certificate, restricted or unrestricted, as defined by section 275 of the Migration Act 1958 and described in Form 956.
The following table sets out the categories permitted by sections 280 and 281 of the Migration Act 1958; it is not a recommendation.
Category Who May charge a fee? Source Australian legal practitioner Lawyer with a state or territory practising certificate, restricted or unrestricted Yes, in connection with legal practice Migration Act, ss 275, 280(3), 281 Anyone else giving immigration assistance A person who is neither a legal practitioner nor otherwise authorised No: unregistered assistance is illegal, and an unregistered helper has no professional indemnity insurance, so a client who loses out has no insurer to claim against Migration Act, ss 280, 281 A lawyer acts under section 280(3), rather than needing OMARA registration. Form 956 identifies the lawyer by their Legal Practitioner Number; Home Affairs’ Form 1548 provides the LPN application process.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
How Form 956 works on a partner visa
The applicant appoints the lawyer for the visa application: 820/801, 309/100 or 300. Form 956 says dependants listed on the form are taken to have appointed the same person.
The sponsor signs a separate Form 956. Form 956 treats the sponsor as a separate client and requires one form per matter. The sponsor’s own application uses Home Affairs’ online “Sponsorship for a Partner to Migrate to Australia” form. The 40SP form partner visa guide explains Form 40SP’s specific legal use for section 48 cases under IMMI 18/103; do not assume the online form’s current name is 40SP.
Agree on the scope. Form 956 allows an appointment for the whole application or a specific matter, including only one stage of a two-stage visa or a ministerial intervention request.
The lawyer sends the signed form. Home Affairs’ Using a legal practitioner page explains the lawyer’s LPN and ImmiAccount access. The 820 and 309 pages direct users to attach the appointment form in ImmiAccount and notify the Department through the Partner Processing Enquiry Form.
Use the tribunal’s form for review representation. The ART’s Immigration and citizenship reviews page specifies MR5, not Form 956, to appoint a representative. Review applications use M1, or M2 for a person in detention.
Appointing a lawyer does not transfer your responsibility for accurate information: Home Affairs’ Using a legal practitioner page says you remain responsible for the information in your application.
Form 956A: an authorised recipient only receives letters
Form 956A appoints or withdraws an authorised recipient: someone who receives Department documents for you. Home Affairs publishes it as Form 956A — Appointment or withdrawal of an authorised recipient. Receiving documents is not the same as acting as your lawyer.
Question Form 956 Form 956A Purpose Appoint a lawyer to act, optionally also as authorised recipient; notify an appointment’s end Appoint or withdraw someone who only receives documents Who can be appointed? A lawyer, or another eligible category in the table above Anyone Can they advise you? Yes, if appointed as your lawyer Not through this appointment alone; they must also be a lawyer or otherwise permitted How many? One form per matter Only one authorised recipient per matter at a time Effect of letters If an authorised recipient is appointed, delivery to them counts as receipt by you Delivery to the authorised recipient counts as receipt by you Form 956A says the Department cannot discuss your matter with an authorised recipient without your separate consent. It also says correspondence goes to the most recently appointed authorised recipient if more than one is nominated. Do not use Form 956A when the lawyer appointed on Form 956 is also your authorised recipient: Form 956 covers both roles.
This affects deadlines. Under sections 347 and 494C of the Migration Act 1958, the ordinary 28-day ART review period runs after deemed notification to your authorised recipient—not after they forward the decision to you. Email notification is deemed received at the end of the day sent. The period is 14 days if the review applicant is in immigration detention on the notification day.
Ending an appointment
Notify the end of the lawyer’s appointment. Home Affairs’ Using a legal practitioner page directs you to Form 956; Part B records the end, and the lawyer signs and sends it. Form 956 also permits the lawyer to notify the end in writing.
End the authorised-recipient role too, if intended. Home Affairs permits this through Form 956 or Form 956A; do not leave correspondence authority unchanged unintentionally.
Appoint a replacement on a new Form 956. Home Affairs’ Using a legal practitioner page requires a new form for a new lawyer.
Direct complaints to the legal regulator. That Home Affairs page says complaints about lawyers go to the relevant state or territory legal regulator, not the OMARA.
Appointing a lawyer: fees and the first consultation
Before signing, discuss the work covered and request written costs information. In NSW, Victoria and WA, section 174 of the Legal Profession Uniform Law requires costs disclosure, subject to its exceptions, including the basis of charges and an estimate of total legal costs.
For partner visa help, a consultation can clarify which client and matters the lawyer will act for. Read about partner visa lawyer fees before agreeing on the scope. A lawyer can check the appointment’s scope, signatures and correspondence arrangements before lodgement.
When appointing an Australian migration lawyer on Form 956, check the authorised-recipient choice and ensure Department letters and the separate response and review deadlines reach the person handling the case.
Frequently asked questions
Who needs to fill form 956?
When you appoint a lawyer for a visa, sponsorship or cancellation matter, Home Affairs’ Using a legal practitioner page says the lawyer completes Form 956, you sign it and the lawyer sends it. Other eligible categories are listed above.
What is a 956A form used for?
Home Affairs’ Form 956A appoints or withdraws an authorised recipient—a person who only receives documents for you.
What is the difference between forms 956 and 956A?
Form 956 appoints someone to act for you; Form 956A only appoints someone to receive documents. Home Affairs says not to use 956A when your lawyer on Form 956 is also your authorised recipient.
Do I need a 956A form?
Use Form 956A if someone other than your appointed lawyer will receive your letters, or to withdraw that recipient’s appointment. Home Affairs allows your lawyer’s authorised-recipient role to be recorded on Form 956 instead.
Does the sponsor need their own Form 956?
Yes. Form 956 requires a separate form for each matter: the sponsorship and visa application are separate matters, with the sponsor and applicant signing as separate clients.
Legal process / Form 956
Form 956: Appointing a Lawyer to Act on Your Partner Visa
Form 956 is the Department of Home Affairs form that tells the Department a lawyer has been appointed to act for you on a visa or sponsorship matter, such as a partner visa; your lawyer completes it, you sign it, and each matter needs its own form. Once it is lodged, the Department can discuss the application with your lawyer and ask them for more information, and if the form also names the lawyer as your authorised recipient, every letter goes to the lawyer and is taken to have reached you. Form 956A is different: it only appoints someone to receive letters, and that person cannot advise you unless they are a lawyer or otherwise allowed to.
