Form 956, section 312A, and telling the Department when you stop acting

Form 956 is the form the Department uses to record who is authorised to receive documents and act on an applicant’s behalf. Many practices remember to lodge it when they start acting, but forget the second half of the job: telling the Department when they stop acting. That second step is not just good file management, it is a statutory duty under section 312A of the Migration Act 1958.

What Form 956 does#

Form 956 is called Advice by a migration agent/exempt person of providing immigration assistance. It is used to tell the Department of Home Affairs that a registered migration agent, or an exempt person such as an Australian legal practitioner in the right circumstances, is giving immigration assistance in relation to a matter.

In practice, the form does two important things. It tells the Department who is acting, and it records where correspondence should be sent if the representative is authorised to receive documents. That is why it affects everyday case handling, including requests for more information, invitations, notifications and decisions.

This article is about process only. Under section 280 of the Migration Act 1958, giving immigration assistance in Australia is restricted to registered migration agents and Australian legal practitioners. VisaBid is not a migration agent or law practice. This guide explains how the notification system works and why stopping acting must also be notified.

The legal duty under section 312A#

Section 312A of the Migration Act 1958 requires a person who gives immigration assistance in connection with a visa application, sponsorship, nomination, cancellation review matter and certain other migration matters to notify the Department in the approved form. The approved form for that purpose is generally Form 956.

The same section also covers the end of that arrangement. If the person stops giving immigration assistance in relation to the matter, the Department must also be notified in the approved form. This is the part that is often missed in practice.

That means there are two separate events to think about. The first is starting to act. The second is stopping acting, whether because the file finished, the client changed representative, the agreement ended, the representative withdrew, or the practice closed or transferred work.

This obligation sits alongside professional conduct duties. For registered migration agents, the Migration Agents Code of Conduct 2021 also matters, especially around written agreements, fees, record keeping and returning documents, including s42, s46, s49, s54 and s56. The Code and the Act do different jobs, but they meet in the day-to-day running of a matter.

When a representative usually lodges Form 956#

Lodging Form 956 when starting to act is routine. It usually happens at or around the time a visa application, nomination, sponsorship or other request is lodged, or shortly after a representative is engaged on an existing matter.

The form is commonly used where a registered migration agent is appointed to prepare and lodge an application, communicate with the Department, or receive correspondence. It can also be used if there is a change from one representative to another. In that case, the Department needs a clear current record of who is acting and who is authorised to receive documents.

A clean record matters because the Department generally works from what is on file. If an old representative remains recorded after they have stopped acting, correspondence may continue to go to the wrong person. That can create practical problems with deadlines, requests and notices.

Before engaging any provider, it is sensible to confirm that they are properly registered or otherwise entitled to act. VisaBid has a simple operator check tool, and OMARA details can also be checked against the public register. A registered migration agent must also give the consumer guide before starting services under Code s38.

Stopping acting is not optional housekeeping#

Notifying the Department that a representative has stopped acting is sometimes treated as an admin extra. It is not. Under section 312A, notifying that immigration assistance has ceased is part of the legal framework.

This matters at the end of a file, but also during a live matter. A representative may stop acting because fees are unpaid, the client has moved to another adviser, the relationship has broken down, a conflict has arisen, or the representative is no longer able to continue. Whatever the reason, if immigration assistance has ceased in relation to the matter, the Department should be notified using the approved form.

Practices sometimes assume that closing the file internally is enough. It is not enough for Department records. The Department’s file may still show the representative as the authorised contact until a proper update is lodged.

This can become serious if a request for more information, a notice of intention, or a decision is sent to a former representative who is no longer monitoring the file. The issue then becomes more than administrative inconvenience. It can affect whether correspondence is seen and acted on in time.

Common situations where the cessation notice gets missed#

One common problem is the “matter completed” file. A practice lodges an application, the file goes quiet, and staff move on. Months later, the client decides not to continue with that practice, or the practice assumes the role has naturally ended, but no formal cessation notice is sent.

Another common situation is a transfer between advisers. A new representative may send their own Form 956, but the former representative does not separately document that they have stopped acting. In some files the new appointment may solve the practical problem, but relying on that alone is not good process.

Practice restructures also create risk. If an agent leaves a firm, if files are sold, or if a sole practice closes, somebody still needs to check what the Department record shows for each active matter. Internal handover spreadsheets do not replace the notification required under section 312A.

There is also the difficult file, where services are terminated under the written agreement. Under Code s42, the services and terms should be set out in writing. If the arrangement ends before the matter ends, the Department record still needs attention.

Good practice for firms and agents#

The safest approach is to treat Form 956 events as milestones in every file. There should be a recorded step for commencement of acting, and a separate recorded step for cessation of acting. This is as important as billing, file notes and document return.

For registered migration agents, the written agreement under Code s42 should make clear when services begin and when they end. Fee structure information under s46, invoices and receipts under s49, and handling of client money under s50 also help define the life of the retainer. When the retainer ends, the Department notification should be part of the closure checklist.

File closure procedures should also include document return and record retention. Under Code s54, client documents must be returned within 14 days of request, subject to limited exceptions. Under s56, records must generally be retained for seven years. Those duties are different from section 312A, but they usually arise at the same time.

A practical checklist for a practice might include these steps:

• confirm whether the representative is still recorded on the Department file
• submit the approved form to record that acting has ceased
• keep proof of transmission or lodgement on file
• update the client file note and internal matter status
• return client documents where required
• retain the file in line with Code s56

For applicants comparing providers, it also helps to understand what proper engagement looks like. A registered migration agent should provide the consumer guide first under Code s38, set out a written agreement under s42, and explain fees clearly under s46. VisaBid’s consumer guide page and quote request page give a useful starting point for comparing providers on process and transparency.

Why this matters for applicants and for representatives#

For applicants, the main issue is communication. The Department needs a current and accurate record of who is acting and where notices should go. If that record is wrong, important correspondence may not reach the right place at the right time.

For representatives, the issue is compliance and risk control. Section 312A is not limited to the start of a matter. It also covers the point when immigration assistance stops. A practice that handles the commencement form but ignores the cessation form is only doing half the job.

Accurate notification also reduces later disputes about responsibility. If a former representative remains on the Department file, there may be confusion about who was meant to receive a request or monitor a deadline. A prompt cessation notice helps create a clear line between the period of engagement and the period after it ended.

This is one reason careful consumers often compare more than price. Professional fees vary by complexity and by provider, and some firms charge fixed fees while others use stage billing. The useful comparison points are often clarity of scope, communication arrangements, and whether the provider follows the Code and basic process steps. VisaBid’s cost estimator and guides library can help with that broader comparison.

Common questions#

Do I need to send Form 956 if an agent stops acting for me?#

Form 956 is generally used to notify the Department both when immigration assistance starts and when it stops. Section 312A of the Migration Act 1958 covers both events, not just the first appointment. The Department file should show the current position so correspondence goes to the right place.

What happens if the Department is not told that a representative has stopped acting?#

The old representative may remain recorded as the person acting or receiving documents. That can lead to correspondence being sent to someone who is no longer monitoring the matter. In practice, this can create missed messages, confusion about responsibility and disputes about who was meant to respond.

Is Form 956 only for migration agents?#

No. The form can also be relevant for exempt persons who are permitted to give immigration assistance in the circumstances set out by the law, including certain Australian legal practitioners. Section 280 of the Migration Act 1958 restricts who can give immigration assistance in Australia.

Does a new Form 956 from a new agent automatically fix the old one?#

A new appointment may update the Department’s current record, but good practice is not to rely on assumptions. Section 312A creates a duty to notify both the start and the end of immigration assistance. Practices usually manage this best by treating commencement and cessation as separate compliance steps.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.