Understanding Visa Application Processing Times

Changing your migration agent mid-application can seem daunting, but it's a common situation faced by many individuals and families navigating the Australian Visa process. Below, we provide a comprehensive guide on what this means, why it might be necessary, how to do it, and what to consider along the way to ensure a smooth transition.

Can You Change Your Migration Agent Mid-Application? A Complete Guide

Australian migration laws and processes are complex, and having the right support is crucial. If you’ve started a visa application with a registered migration agent and find you need to change to a new professional, rest assured: the Department of Home Affairs allows you to change your migration agent at any stage — before lodgement, after lodgement, or even during appeals.

This guide will walk you through:

• Why changing agents might be necessary
• Exactly how to change migration agents
• Key benefits, potential challenges, and solutions
• Who commonly changes agents and under what circumstances
• Associated costs, timelines, and legal considerations
• Recent updates in migration agent regulations

What Does It Mean to Change Your Migration Agent?

A migration agent is an individual registered with the Office of the Migration Agents Registration Authority (OMARA) who is legally permitted to assist with Australian visa matters. Sometimes, clients find a mismatch in communication, expertise, or simply need a fresh perspective. Changing an agent means formally ending the professional relationship with one agent and appointing another to act on your behalf.

Why is Changing Agents Important?

• You are not obligated to remain with an agent if you feel dissatisfied with their service, costs, or conduct.
• Adjusting your legal representation can directly impact your visa application's quality and prospects.
• It’s important that your migration agent understands your needs and communicates clearly and ethically.

How To Change Your Migration Agent: Step-by-Step Process

Changing your agent is a formal process involving proper documentation:

1. Notify Your Current Migration Agent

   • Written notification (email or letter) is best, explaining your intent to cease their services.
   • Clarify any outstanding fees or contractual obligations.

2. Select and Appoint a New Registered Migration Agent

   • Ensure your new agent is registered with OMARA.
   • Discuss your case to confirm they are experienced with your visa subclass.

3. Lodge Form 956 or 956a

   • Form 956 (Appointment of a registered migration agent, legal practitioner or exempt person): This form must be completed and signed by both you and your new agent.
   • Form 956a (Appointment or withdrawal of an authorised recipient): Used if you want another person (not a registered agent/lawyer) to receive correspondence.
   • Submit the signed form to the Department of Home Affairs (by ImmiAccount upload, email, or post).

4. Your New Agent Notifies the Department

   • Once submitted, your new agent is registered as your representative.
   • The Department will communicate directly with your new agent from this point onward.

5. Request File Transfer from Former Agent

   • You have the right to your personal visa documents.
   • Request all original documents, departmental correspondence, and application reference numbers from your former agent.

6. Verify Transfer Completion

   • Confirm with the Department (via ImmiAccount or by email) that the correct agent is listed.

How Does This Work Within Australian Migration Law?

• Legal Right: Australian migration law does not restrict your right to change agents at any point.
• Data Protection: Agents must hand over your information upon your request, respecting your privacy rights (under the Privacy Act 1988).
• No Negative Impact: Changing agents, on its own, does not affect your visa application status or processing time, provided correct procedures are followed.

Key Benefits to Changing Your Migration Agent

• Improved Communication: Select an agent who better understands your language, background, or needs.
• Specialised Knowledge: Gain access to agents with more expertise in specific visa types or appeals.
• Greater Trust: Work with a professional you feel confident will act ethically and in your best interests.
• Updated Strategy: New agents can review and provide fresh guidance on previously submitted evidence or responses.

Common Challenges and Solutions

Challenge: Delays in File Transfer

• Solution: Clearly communicate timelines to your outgoing agent and request immediate transfer of all files. Seek OMARA intervention if withheld unreasonably.

Challenge: Unclear Financial Settlements

• Solution: Review your contract for refund or payment terms. Lodge a complaint to OMARA if you suspect unfair charges.

Challenge: Confusion Over Correspondence

• Solution: Use your ImmiAccount to verify your new agent’s details and directly contact the Department if needed.

Who Commonly Changes Migration Agents?

Individuals and families of all backgrounds may change agents, but particularly:

• Skilled, student, partner, and business visa applicants
• Individuals with complicated cases or appeals at the AAT (Administrative Appeals Tribunal)
• Those who have experienced substandard service or poor communication

Real-life scenarios:

• Family Visa Case: A couple in India selects a new agent after their initial application faced repeated delays.
• SkillSelect Visa: An IT professional swaps agents after unclear instructions result in a refusal letter.
• Student Visa: A postgraduate applicant changes agents after discovering undisclosed agent fees.

Costs, Duration, and Other Considerations

• Agent Fees: Your outgoing agent may charge up to the work done. Refunds of unused fees depend on the agreement.
• New Agent Fees: Vary depending on complexity and stage of application. Always demand a written service agreement.
• OMARA Complaint Process: Free of charge.
• Time Needed: The paperwork process typically takes 1–7 days, depending on agent