Ghost agents: who actually signed your application

A common problem in migration matters is this: the person doing the calls, collecting documents and answering messages is not the same person whose name and MARN appear on the application. Sometimes the registered migration agent or lawyer is supervising the work properly. Sometimes the registered name is only being used on paper, and the real work is being done by an unregistered person.

That matters because the person authorised on the file is the person the Department recognises for contact and for immigration assistance. It also matters because giving immigration assistance in Australia without being a registered migration agent or an Australian legal practitioner can be a criminal offence under s280 of the Migration Act 1958.

What people mean by a "ghost agent"#

In everyday use, a "ghost agent" usually means an unregistered person who is really running the matter while a different person's name appears on the paperwork. The person on messages, phone calls and invoices may be a salesperson, consultant, office manager or offshore operator. The Form 956 may name someone else entirely.

This is not just a labelling problem. If a registered migration agent is providing the service, their MARN identifies who is accountable under the Migration Agents Code of Conduct 2021. If an Australian legal practitioner is acting, their legal practising details matter for the same reason. If the paperwork names one person and the work is being done by another, it can be harder to tell who is responsible.

Section 280 of the Migration Act deals with unregistered immigration assistance in Australia. Section 281 deals with charging a fee for that assistance. Those rules are one reason the name on the form matters so much.

Why Form 956 matters#

Form 956 is the Department's form for appointing an authorised recipient or exempt person, or withdrawing that appointment. It is tied to s312A of the Migration Act. In practical terms, it records who is authorised to receive documents from the Department and, where relevant, who is acting in connection with the application.

If a registered migration agent is acting, the form includes the agent's MARN. That is the Migration Agents Registration Number. A MARN is not just a badge or marketing line. It links the work to a specific registered person.

The details on Form 956 should match the person you are actually dealing with in a meaningful way. If the form lists one migration agent, but all advice, document requests and explanations come from someone else who says they are "the case manager", "consultant" or "senior officer", it is sensible to pause and check the arrangement.

Form 956 also matters later if there is a dispute about who was appointed, who received Department correspondence and who was responsible for communication. If contact details, signatures or identities do not line up, sorting out the record can become harder.

What a registered migration agent is required to do#

A registered migration agent must follow the Migration Agents Code of Conduct 2021. Several parts of the Code are directly relevant when you are trying to work out who is really handling a matter.

Section 25 requires a registered migration agent to include their MARN in advertising. Section 38 requires the consumer guide to be given before starting services. Section 42 requires a written agreement. Section 46 requires a clear fee structure. Section 49 covers invoices and receipts. Section 51 says no money is to be taken before the agreement is in place.

These requirements create a paper trail. If there is a proper engagement, there should be a written agreement naming the registered person or firm, a fee structure that explains professional fees and disbursements, and invoices and receipts that match the business identity you were given. If the business is asking for payment into a personal account, or the paperwork does not clearly identify the registered person, that is a warning sign.

The Code also requires record keeping. Section 54 deals with returning documents within 14 days in some circumstances, and s56 requires records to be kept for seven years. Those rules make accountability possible, but only if the real service provider is properly identified from the start.

How to check the person you are dealing with is the person on the paperwork#

Start with the Form 956. Read the full name, business name, contact details and MARN. Then compare those details with the email signature, website, invoices, service agreement and the person you actually speak to.

A simple check is to ask for the full name and MARN of the registered migration agent handling the matter, and then verify it independently. VisaBid has a tool to check an operator. You can also compare the information on that record with the website, business cards and documents you received.

Look at who signs the important documents. The service agreement should identify the legal entity providing the service and the registered person responsible. If the agreement is with one business, the invoices come from another, and the Form 956 names a third person, that mismatch needs explaining.

It is also worth checking how communication works inside the practice. Administrative staff can organise appointments, send checklists and follow up documents. That is different from an unregistered person presenting themselves as the person giving immigration assistance while a MARN holder remains in the background.

Practical signs to check include:

• the MARN on the website and advertising, as required by Code s25
• whether the consumer guide was given before services began, under s38
• whether there is a written agreement, under s42
• whether fees are explained clearly, under s46
• whether invoices and receipts name the same business and person, under s49
• whether money is requested before the agreement, which s51 does not permit

If anything does not line up, keep copies of messages, receipts, agreements and screenshots. A clear record helps if the issue later needs to be raised through a complaint process or with another registered professional.

Red flags that the registered name may only be on paper#

One red flag is constant contact from a person who refuses to identify the registered migration agent responsible for the matter. Another is being told that the "agent signs everything later" but never being able to speak with that person.

A second red flag is mismatched branding. The website may advertise one migration agent, the invoice may come from a different company, and the Form 956 may list a third name. Sometimes there is a legitimate explanation, but it should be clear and documented.

A third red flag is pressure to sign quickly without reading the Form 956 or the service agreement. The Code requires a written agreement under s42, and fees should be set out clearly under s46. If there is no proper agreement, no consumer guide, or no receipt after payment, the arrangement is not transparent.

Another warning sign is being asked to use false work references, altered bank statements or documents that do not match the truth. False or misleading documents can trigger serious consequences under ss234 and 245AR of the Migration Act, and can also lead to problems under PIC 4020. Even where a third party prepared the material, the risk can flow through the application record.

What to do if the details do not match#

The first practical step is to ask for the identity of the registered migration agent or Australian legal practitioner responsible for the file, in writing. Ask for the full name, MARN if applicable, business name and a copy of the signed service agreement if you do not already have it.

The next step is to compare that answer with Form 956 and any lodgement records. Check whether the contact email on the form is the same one used for Department communication. Check whether the person named on the form is the person who explained the process and requested the documents.

If the explanation is not clear, you can stop before providing more documents or more money and obtain independent quotes from registered professionals. On VisaBid, you can describe a case and get quotes from registered migration agents and Australian legal practitioners. You can also read the consumer guide for a plain English summary of what a registered migration agent is required to provide.

Complaints and reporting depend on who was involved. If the concern is about a registered migration agent's conduct, the records, Form 956, agreement, invoices and messages will matter. If the concern is about an unregistered operator, the same evidence may still be useful. VisaBid also has information about complaints.

Why this matters before lodgement, not just after a problem#

Many people only discover a mismatch after a refusal, a request for more information or a billing dispute. By then, the Department file may already show one representative while most of the real communication happened somewhere else.

Checking early reduces confusion about authority, responsibility and records. It also helps confirm that the professional fees charged, often ranging from modest fixed fees for simpler matters to several thousand dollars for complex applications, are being charged by the business and person actually responsible for the work.

The point is not that every assistant or case manager is a problem. Many registered practices use support staff properly. The practical issue is whether the registered person on Form 956 is genuinely the person responsible for the immigration assistance, and whether the documents, money trail and communications all tell the same story.

Common questions#

How do I know if my migration agent is real in Australia?#

A registered migration agent has a MARN, and that MARN should appear on advertising under Code s25 and on Form 956 if the agent is appointed. The name, MARN, business details and contact details should match across the form, service agreement, invoices and messages. VisaBid's check tool can help compare those details.

Can a case manager handle my visa instead of the agent on Form 956?#

Administrative staff can do admin work such as booking appointments, collecting documents and sending reminders. The important point is whether the registered migration agent or Australian legal practitioner named on the paperwork is actually responsible for the immigration assistance and supervision. If the named person cannot be identified or contacted, that is a reason to check the arrangement carefully.

What is Form 956 used for in a visa application?#

Form 956 is used to appoint or withdraw an authorised recipient or exempt person in connection with a migration matter, and it is recognised by the Department under s312A of the Migration Act. In practice, it records who is authorised on the file for communications and representation-related purposes. If a registered migration agent is acting, the form includes the agent's MARN.

What if the person who took my money is not the person on my visa paperwork?#

Start by collecting the agreement, receipts, invoices, bank transfer records, Form 956 and message history. Then check whether the business identity, the registered person's details and the payment trail match. If they do not, a registered professional can review the paperwork as a factual record, and VisaBid's pages on complaints and the consumer guide explain the process and the documents usually worth keeping.

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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.