40 (Design date 01/19) - Page 5© COMMONWEALTH OF AUSTRALIA, 2019
The following people do not have to be a registered migration
agent in order to provide immigration assistance, but they
must not charge a fee for their service:
• a close family member (spouse, de facto partner, child,
parent, brother or sister);
• a member of parliament or their staff;
• an official whose duties include providing immigration
assistance (eg. a Legal Aid provider);
• a member of a diplomatic mission, consular post or
Appointing a migration agent/exempt person
To appoint a registered migration agent/exempt person you
should complete Part K – Options for receiving written
Your migration agent/exempt person should complete
form 956 Advice by a registered migration agent/exempt
person of providing immigration assistance.
Form 956 is available from the Department’s website
Options for receiving written communications
If you do not appoint a migration agent/exempt person you
may still authorise another person, in writing, to receive
written communications on your behalf. This person is called
the authorised recipient.
Authorised recipient information
All written communication about your application will be sent
to your authorised recipient.
The Department will communicate with the most recently
appointed authorised recipient as you may only appoint one
authorised recipient at any time for a particular application.
You will be taken to have received any documents sent to that
person as if they had been sent to you.
To appoint an authorised recipient you should complete:
• Part K – Options for receiving written communications; and
• form 956A Appointment or withdrawal of an authorised
Note: Registered migration agents/exempt persons do not
need to complete form 956A.
Form 956A is available from the Department’s website
Consent to communicate electronically
The Department may use a range of means to communicate
with you. However, electronic means such as fax or email will
only be used if you indicate your agreement to receiving
communication in this way.
To process your application the Department may need to
communicate with you about sensitive information, for
example, health, police checks, financial viability and personal
relationships. Electronic communications, unless adequately
encrypted, are not secure and may be viewed by others or
If you agree to the Department communicating with you by
electronic means, the details you provide will only be used by
the Department for the purpose for which you have provided
them, unless there is a legal obligation or necessity to use
them for another purpose, or you have consented to use for
another purpose. They will not be added to any mailing list.
Important information about privacy
Your personal information is protected by law, including the
Privacy Act 1988. Important information about the collection,
use and disclosure (to other agencies and third parties,
including overseas entities) of your personal information,
including sensitive information, is contained in form 1442i
Privacy notice. Form 1442i is available from the Department’s
website www.homeaffairs.gov.au/allforms/ or offices of the
Department. You should ensure that you read and understand
form 1442i before completing this form.
A person gives immigration assistance to you if he or she uses,
or claims to use, his or her knowledge or experience in
migration procedure to assist you with your visa application,
request for ministerial intervention, cancellation review
application, sponsorship or nomination.
In Australia a person may only lawfully give immigration
assistance if he or she is a registered migration agent or is an
exempt person under section 280 of the Migration Act 1958.
Only registered migration agents may receive a fee or reward
for providing immigration assistance.
If an unregistered person, who is not an exempt person, gives
you immigration assistance they are committing a criminal
offence and may be prosecuted.
Migration agents in Australia
Migration agents in Australia must be registered with the
Office of the Migration Agents Registration Authority (Office of
the MARA) unless they are exempt from registration.
Migration agents outside Australia
Migration agents who operate outside Australia do not have to
be registered. The Department may give some overseas agents
an ID number. This number does not mean that they are
Note: Some Australian registered migration agents operate
Migration agent information
A migration agent is someone who can:
• advise you on the visa that may best suit you;
• tell you the documents you need to submit with your
• help you fill in the application and submit it; and
• communicate with the Department on your behalf.
If you appoint a migration agent, the Department will assume
that your migration agent will be your authorised recipient,
unless you indicate otherwise.
Your migration agent will be the person with whom the
Department will discuss your application and from whom it
will seek further information when required.
You are not required to use a migration agent. However, if you
use a migration agent, the Department encourages you to use
a registered migration agent. Registered agents are bound by
the Migration Agents Code of Conduct, which requires them
to act professionally in their clients’ lawful best interests.
Information on migration agents, including a list of registered
migration agents, is available on the Office of the MARA
You can also access information about migration agents on the
Department’s website www.homeaffairs.gov.au