Changing migration agents mid-application

Changing migration agents during an active visa matter is allowed. The main risks are practical ones, a response date is missed, access to documents is unclear, or money held in a client account is not properly accounted for. A clean handover usually comes down to three things: ending the old appointment in writing, appointing the new representative on Form 956, and checking who holds the file, deadlines and any client money.

You can change representatives during an application#

A visa application does not belong to the migration agent. It belongs to the applicant, and a representative can be changed while the matter is in progress.

The Department recognises appointments of migration agents and legal practitioners through Form 956, under Migration Act 1958 s312A. When a new Form 956 is lodged, it tells the Department who is authorised to receive correspondence and act as the appointed person from that point.

This is separate from the private service agreement between the client and the former agent. Ending that agreement does not by itself update the Department's records. In practice, both steps matter.

If there is no representative on record for a period, Department correspondence may go directly to the applicant. That is not a problem in itself, but it can become one if a time-sensitive request arrives and nobody is watching the inbox. This is why handover timing matters.

End the old appointment in writing and ask for the file#

Most handovers start with a short written termination notice to the former agent. That notice usually says the services are ending, asks for the file and documents to be released, and asks for a final invoice and statement of any client money held.

Registered migration agents must have a written agreement with the client, under the Migration Agents Code of Conduct 2021 s42. That agreement usually explains how termination works, what fees are refundable or not, and whether any fixed fees are staged by milestone. It is worth reading that document first because it often controls the practical steps.

The Code also requires the return of documents in a reasonable time. Section 54 says documents must generally be returned within 14 days of a request, subject to limited exceptions. If the former representative holds passports, civil documents, translated records, police clearances or copies of submissions, the request should be specific.

A file handover often includes:

• a copy of the lodged application
• supporting documents already submitted
• Department correspondence
• acknowledgements and bridging visa grant notices, if any
• invoices and receipts
• file notes and draft material, if covered by the service agreement or released as part of the handover

Agents must also retain certain records for seven years under s56. That retention duty does not stop a client from asking for the working file and their own documents.

What happens to fees already paid#

Changing agent does not automatically mean a refund. What happens depends on the service agreement, the stage reached, and whether money was paid as earned fees or held in a client account for future work or disbursements.

Many migration service agreements split professional fees into stages, for example, an opening stage, a preparation and lodgement stage, and a post-lodgement stage. If a stage has already been completed, that part is often treated as earned. If a later stage has not been done, fees for that stage may not yet be payable, or may be refundable depending on the wording of the agreement.

Under the Code, the fee structure must be set out clearly, s46. Clients must also receive invoices and receipts, s49. If money was taken before the written agreement was in place, that raises a separate compliance issue because s51 says an agent must not ask for or receive payment before the client has accepted the agreement.

There is also a difference between professional fees and Department charges. Professional fees are what the agent charges for their work. Department charges are separate and are generally not returned by the Department simply because a representative changes.

If the former agent was holding money on trust or in a client account, the accounting becomes important. The Code deals with client accounts at s50. Money held for future work, or for a specific outlay that has not been incurred, should be shown clearly in the final accounting.

As a rough market guide, some agents charge a few hundred dollars for limited post-lodgement tasks, while full-service handover and takeover work can run into the low thousands or more, depending on the visa class, the amount of material already lodged and whether deadlines are close. If quotes are being compared, VisaBid allows a case to be described and quoted by registered professionals.

The statement of client money on termination#

When a matter ends, one of the most useful documents is a final statement showing what money was received, what it was used for, what remains, and whether any balance is refundable. This is often described informally as a statement of client money on termination.

The exact format can vary, but it should be clear enough to track the flow of funds. A proper statement commonly includes:

• amounts paid by the client and payment dates
• what each amount related to
• invoices issued for professional work
• receipts for any outlays paid
• money still held in a client account
• any balance to be refunded, and when it will be refunded

This statement matters most where funds were held in a client account under s50 of the Code. It helps separate earned fees from money still held on behalf of the client. It also gives the incoming representative a clearer picture of what has already been done and paid for.

If the figures are unclear, ask for the invoice history, receipts and client account reconciliation. Those are ordinary accounting records for a professional practice. The point is not to argue the visa case, but to make sure the financial close-out is transparent.

The former representative does not control the appointment forever. But if documents or accounting are delayed, it can still disrupt the next steps. If there is a serious conduct issue, there are complaint pathways and operator checks at our complaints guide and our operator checker.

The new Form 956 and what it changes#

Form 956 is the Department form used to appoint or end an authorised recipient or migration agent or exempt person, under Migration Act s312A. In a handover, the incoming representative usually prepares a new Form 956 for signature and lodges it with the Department as soon as engagement starts.

Once processed, the Department updates who receives correspondence. That can include requests for more information, notices about health, biometrics or character processes, and the final decision notice. Until the new appointment is recorded, correspondence may continue going to the old representative or directly to the applicant, depending on what is already on file.

A new Form 956 does not undo anything already lodged in the application. It changes representation details, not the content of the visa application itself. If anything previously lodged is false or misleading, that is a separate issue with serious consequences under Migration Act s234 and s245AR, and in some visa settings Public Interest Criterion 4020 may also arise.

A handover is therefore a good time for the incoming professional to reconcile the Department record against the working file. That is not about changing the story. It is about making sure the file copy matches what has actually been submitted and what deadlines exist.

The practical sequence so nothing lapses in between#

The safest sequence is usually to overlap the outgoing and incoming steps as much as possible. The goal is to avoid a period where nobody knows who is receiving correspondence or where a request deadline sits.

A common sequence looks like this:

1. Read the existing service agreement and collect key dates. Check the acknowledgement letter, any request for information, any bridging visa notice and any health or biometrics deadlines.

1. Engage the new representative in writing. Under Code s42 there should be a written agreement. Under s38, the consumer guide must be given first.

1. Sign the new Form 956. The incoming representative can then lodge it promptly so the Department's contact record is updated under s312A.

1. Send written termination to the former representative. Ask for the file, all client documents, a final invoice, receipts and a statement of client money held or refunded.

1. Confirm document transfer and Department access. Check that the incoming representative has the acknowledgement, transaction reference numbers, correspondence history and any portal messages already received.

1. Check bridging arrangements and response dates. If the application is onshore, the handover should include any current visa details and conditions. The key issue is not the type of visa, but whether any response date or status issue needs immediate attention.

1. Keep copies of everything. Keep the termination email, the new agreement, Form 956, invoices, receipts and the final account statement.

Where deadlines are very close, the incoming representative may first lodge Form 956 and notify the Department of the change, then sort out the full file transfer immediately after. The exact order can vary, but the principle is the same: update representation fast, then complete the financial and document handover.

Before signing with a new provider, it also helps to check registration status and compare scope carefully. The MARN register and quote comparison tools are practical starting points, and VisaBid's consumer guide explains the basic protections around agreements, fees and receipts.

Common questions#

Can I change migration agent after my visa application is lodged?#

Yes. Representation can be changed after lodgement. The practical steps are usually to end the old service agreement in writing, appoint the new representative on Form 956, and make sure all deadlines and documents are handed over.

Do I get my money back if I stop using my migration agent?#

Not automatically. Refunds depend on the written agreement, what work has already been completed, and whether any money is still being held in a client account for future work or outlays. The final invoice and statement of client money should show that clearly.

What happens to my documents when I leave a migration agent?#

Client documents and the working file should be released on request, subject to the service agreement and any limited exceptions. Under Code s54, documents must generally be returned within 14 days. It is sensible to ask for both original documents and a full electronic copy of the lodged file.

Does a new migration agent need a new Form 956?#

Usually, yes. Form 956 is how the Department records who is appointed as representative or authorised recipient under Migration Act s312A. Without a new form, correspondence may continue going to the previous representative or directly to the applicant.

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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.