Key Takeaways
- Yes, you can change your representative at any time while your partner visa application is being processed. Changing partner visa lawyer mid-application does not withdraw, restart or weaken the application, and it does not affect your bridging visa.
- The new representative notifies the Department of Home Affairs using Form 956, and an authorised recipient is appointed through Form 956 or Form 956A. Until the Department's records are updated, letters can still go to the old representative and you are taken to have received them.
- The previous appointment should be formally ended. The former representative can notify the Department using Part B of Form 956, or the client can notify the Department in writing.
- The highest risk when changing partner visa lawyers is a deadline falling between two representatives: an open section 56 request, a section 57 invitation to comment, or a refusal with a short and strictly applied review deadline.
- You are entitled to your documents. Registered migration agents must return client documents within 14 days of a written request, and lawyers have their own professional obligations. ImmiAccount access also needs to be sorted out so the new representative can see and manage the lodged application.
- Concerns about a former representative can be raised with the relevant regulator. A complaint does not affect the partner visa application itself.
Changing partner visa lawyer mid-application is allowed at any stage, and it does not cancel or restart your partner visa application. The application stays with the Department of Home Affairs exactly as it was lodged. What changes is who acts for you, who receives the Department's letters and who manages the deadlines. Changing partner visa lawyer is therefore mostly an administrative step, but it must be done carefully, because a gap between the old and new representative can cost you a deadline.
This guide explains how changing partner visa lawyers works for applicants in Australia and overseas, whether the application is an onshore Subclass 820 and Subclass 801 partner visa or an offshore Subclass 309 and Subclass 100 partner visa. It covers Form 956 and Form 956A, how the former representative's appointment ends, how to make sure Department letters reach the new representative, how to obtain your file and ImmiAccount access, what a new lawyer checks on takeover, costs, and what to do if you have concerns about the previous representative. If you need the bigger picture first, our complete guide to partner visas in Australia explains every stage of the process.
Can you change partner visa lawyers mid-application?
Yes. A visa applicant can appoint a new representative at any time, and changing partner visa lawyers part way through processing is common. Nothing in the Migration Act 1958 or the Migration Regulations 1994 ties an applicant to the person who lodged the application. The application belongs to the applicant, not to the representative.
The Department's Form 956 is the form a registered migration agent, legal practitioner or exempt person uses to tell the Department that a client has appointed them to provide immigration assistance. The same form has a separate part for ending an appointment. The process of changing partner visa lawyer is built around these two steps: the new representative is appointed, and the old appointment is ended.
Changing partner visa lawyer does not change:
- The date the application was made, which matters for the time of application criteria.
- The Department charge already paid.
- The bridging visa granted with an onshore application, or its conditions.
- The evidence already provided to the Department.
- The place of the application in the Department's processing.
Changing partner visa lawyer does change who the Department deals with, and that is why the paperwork must be right. Our general guide on how to change your immigration lawyer in Australia explains the process across all visa types. This article focuses on what is specific to partner visa matters.
Why couples consider changing partner visa lawyers
Most people who start changing partner visa lawyers do so because they have lost confidence that the application is being managed in the way they expected. The reasons vary, and many have nothing to do with fault. A representative may have closed their practice, moved on, reduced their workload or stopped practising in partner visas.
Common reasons we hear from couples include:
- Communication has become slow, and the couple does not know what has been sent to the Department.
- The couple has received a section 56 request or a section 57 letter and is unsure how it is being handled.
- The relationship circumstances have changed, for example a move, a new child or a period living apart, and the couple wants advice on how to report it.
- The application has become more complex than expected, for example because of a previous refusal, a Schedule 3 issue, a sponsorship limitation or a family violence matter.
- The couple wants a lawyer rather than a registered migration agent, or a different practitioner, for the next stage.
- The application has been refused and the couple wants different representation for the review.
None of these reasons needs to be justified to the Department. A client does not need permission from the former representative before changing partner visa lawyer. Many people first ask for a second opinion from an immigration lawyer before deciding whether to move the file. A second opinion lets you understand where the application stands before you decide.
Changing partner visa lawyer is different from withdrawing the application
Changing representative and withdrawing the application are completely different things. Withdrawing a partner visa application ends the application. For an onshore applicant, that can also bring the associated bridging visa to an end. Changing partner visa lawyer leaves the application in place. If anyone suggests that you must withdraw and lodge again to change representative, that is not correct, and you should get advice before signing anything.
Who can act for you on a partner visa application?
Only certain people can lawfully give immigration assistance for a fee in Australia: registered migration agents, and Australian legal practitioners who hold a current practising certificate. Form 956 describes a legal practitioner as a lawyer who holds an Australian legal practising certificate, and it notes that a legal practitioner does not need to be registered with the Office of the Migration Agents Registration Authority (OMARA). Registered migration agents must be registered with OMARA.
Some people are exempt persons, for example certain family members or officials who give assistance without a fee. In partner visa matters the representative is usually either a registered migration agent or a lawyer. Our factual comparison of a migration agent and an immigration lawyer and our guide to a partner visa migration agent or lawyer explain the practical differences. Both are regulated and both can act properly in partner visa matters.
When changing partner visa lawyers, check the new representative's status before you sign. You can confirm a registered migration agent on the OMARA register, and you can confirm a lawyer through the legal profession regulator in their state or territory. Our guide to Australian migration lawyers explains how to find and check one, and our guide to choosing a partner visa lawyer in Australia sets out the questions to ask.
The applicant and the sponsor can each be clients
In a partner visa matter, the visa applicant and the Australian sponsor are separate people with separate roles. The sponsor is also an applicant for sponsorship approval as part of the partner visa process. Each person who wants the new representative to act for them should sign as a client on the relevant forms. When changing partner visa lawyer, make sure the new appointment covers everyone the old appointment covered, including any dependent children included in the application. Otherwise some correspondence may still go to the former representative or to an individual family member.
Form 956 and Form 956A when changing partner visa lawyer
Form 956 appoints the new representative, and Form 956A appoints or withdraws an authorised recipient. Understanding the difference between these two forms is the single most important technical point in changing partner visa lawyers. Our detailed guide to Form 956 and 956A explains both forms in full.
Form 956: appointing the new representative
Form 956 is titled "Appointment of a registered migration agent, legal practitioner or exempt person". It has three parts:
- Part A, new appointment.
- Part B, ending appointment.
- Part C, declarations.
Both the representative and the client sign declarations. For a new appointment, the new representative completes Part A, and each client signs the client declaration. Form 956 also allows the representative to be appointed to receive written communications about the matter. In most partner visa matters, the new lawyer is appointed both to provide immigration assistance and as the person who receives the Department's communications.
Form 956A: the authorised recipient
Form 956A is titled "Appointment or withdrawal of an authorised recipient". An authorised recipient is the person to whom the Department sends documents about the visa matter. Form 956A states that the Department is required under the Migration Act to send the authorised recipient any documents relating to the matter that would otherwise have been sent to the applicant.
Form 956A also states two rules that matter directly when changing partner visa lawyer:
- You may only appoint one authorised recipient at any time for a particular application or matter, and the Department will send documents to the most recently appointed authorised recipient.
- You are taken to have received any documents sent to your authorised recipient as if they had been sent to you.
The second rule is the reason the timing of changing partner visa lawyers matters so much. If the old representative is still the authorised recipient and the Department sends them a request with a deadline, the law treats you as having received it, even if the old representative never passes it on.
Which form is used when?
When a client is changing partner visa lawyer, the usual approach is for the new lawyer to lodge a new Form 956 appointing them, including as the person to receive communications, and for the old appointment to be ended. Form 956A is used where the person receiving documents is not the representative, or where an authorised recipient appointment needs to be changed or withdrawn on its own. Form 956A states that if you change your authorised recipient or end their appointment, you must promptly advise the Department, and that the form may be used for that purpose.
How does a former representative's appointment end?
A former representative's appointment ends when the client ends it or the representative stops acting, and the Department should be told in writing. Part B of Form 956 deals with ending an appointment. In that part, the representative declares that they are no longer acting on behalf of the client.
Form 956 states that the client is required to complete the declaration to confirm that the withdrawal is being done with the client's authority. It also states that the client may notify the Department of the withdrawal of the representative's appointment as an authorised recipient in writing if they prefer. The OMARA consumer guide for people using registered migration agents states simply that, if you want to end an appointment, you complete Form 956.
In practice, when changing partner visa lawyers there are three common ways the old appointment ends:
- The former representative lodges Part B of Form 956 after the client tells them the engagement has ended.
- The client notifies the Department in writing that the former representative no longer acts and is no longer the authorised recipient.
- The new representative lodges the new appointment and, with the client's signed authority, notifies the Department that the former appointment has ended.
The safest course is to make sure the Department receives clear written notice that the former appointment has ended, as well as the new appointment. Do not assume the former representative will do it. Do not assume a new Form 956 automatically cancels every earlier authority in the Department's records. Changing partner visa lawyer should leave no doubt about who acts and who receives letters.
Tell your former representative in writing
Send your former representative a short written notice that you have ended the engagement. Ask them to stop acting, to notify the Department that their appointment has ended, and to return your documents. Keep the message factual. You do not need to give reasons. A written notice also helps if there is later any question about when the engagement ended or about a letter the former representative received after that date.
How to make sure Department letters go to your new representative
Department letters go to the authorised recipient on the Department's record, so the record must show the new representative before anything else is sent. The practical aim when changing partner visa lawyer is that, from a particular date, every letter, request and decision goes to the new lawyer and no letter goes to the old representative.
To achieve this, the new lawyer usually:
- Lodges the new Form 956 promptly after the costs agreement is signed.
- Lodges or arranges notice that the former appointment has ended.
- Checks ImmiAccount and the Department's correspondence to confirm the change has been recorded.
- Asks the former representative for every letter they received in the period before the change took effect.
The last step matters because of the timing rule explained above. A letter sent to the old representative before the record changed is treated as received by you. If it contains a deadline, that deadline is already running. When changing partner visa lawyers, assume that something may have been sent in the gap until the new lawyer has checked.
Where do the Department's letters actually arrive?
For most partner visa applications lodged online, the Department's correspondence appears in ImmiAccount and is also sent by email to the authorised recipient's email address. If the application was lodged in the former representative's ImmiAccount, the correspondence may only be visible in that account. That is why ImmiAccount access, explained below, is part of every file transfer. Our guide to creating an ImmiAccount explains how accounts work.
Keep your own contact details current
Changing partner visa lawyer is also a good time to check that the Department holds your current residential address, email address and phone number. Changes in your own circumstances, such as a new address, may need to be reported. Our guide to Form 1022 for a change of circumstances explains when a change must be notified and how.
Timing risks when changing partner visa lawyer
The main timing risk when changing partner visa lawyer is that a Department deadline runs while neither representative is watching it. A partner visa application can sit quietly for months and then produce a request with a short response period. If that request arrives in the week the file is moving, it can be missed. Changing partner visa lawyers should therefore be planned around open deadlines, not just around the paperwork.
Open section 56 requests
Under section 56 of the Migration Act 1958, the Department may invite an applicant to give additional information. The invitation states how and when the information must be provided. If the information is not provided within the time allowed, the Department can decide the application without it. A request of this kind is often the Department's signal that it has concerns about the relationship, a public interest criterion or a missing document. Our guide to responding to a section 56 request for more information explains how these requests work.
If you are changing partner visa lawyer while a section 56 request is open, tell the new lawyer about it on the first day. Give them a copy of the request, the date it was sent and anything already prepared. The new lawyer can then decide whether a full response can be prepared in time or whether an extension should be requested. Never assume the former representative has already responded.
Section 57 invitations to comment
Section 57 of the Migration Act 1958 requires the Department, in applications that can be reviewed by the Tribunal, to give the applicant particulars of certain adverse information, explain why it is relevant and invite the applicant to comment on it. These letters are often called natural justice letters. They are frequently the last opportunity to address a concern before a decision. Our guide to the section 57 natural justice letter for a partner visa explains how to respond.
A section 57 letter is the worst possible document to lose in a file transfer. If you are changing partner visa lawyers because a section 57 letter has arrived and you are worried about how it is being handled, act immediately. Bring the letter to the new lawyer straight away, even before the new appointment is recorded. A response that addresses the adverse information directly, with the couple's own evidence, can change the outcome of the application.
Bridging visa status
Changing partner visa lawyer does not affect a bridging visa. For an onshore applicant, the Bridging visa A or other bridging visa granted with the application continues on the same terms. The new lawyer should still confirm which bridging visa is held, whether it is in effect, what conditions apply and whether any Bridging visa B for travel has been granted. Our guide to bridging visas in Australia explains the different classes. Bridging visa problems often come to light only when a new representative reviews the file.
Refusal and review deadlines
If the partner visa has already been refused, changing partner visa lawyer must not delay the review application. Review deadlines are short and strictly applied, and the time limit runs from when the decision is taken to have been received. If the refusal was sent to the former representative as authorised recipient, the time may already be running. The new lawyer's first task is to confirm the date of notification and the last day to lodge.
Lodging the review application on time comes first. Arguments, evidence and a full file review can follow once the review is lodged. Our guide to partner visa refused appeal options and our partner visa refusals service explain the options. For onshore applicants, a valid and timely review also keeps the bridging visa in effect while the review is pending.
Rule of thumb: never let a deadline fall between representatives
The simplest rule for changing partner visa lawyers is that someone must own every deadline every day. Until the new lawyer confirms in writing that they are acting and that the Department's record has changed, assume the former representative still receives letters. Ask the former representative to forward anything received, and check ImmiAccount yourself if you have access. Where a deadline is close, our guide to urgent immigration lawyer advice explains what to prepare.
Getting your file from your previous representative
You are entitled to the documents that belong to you, and your previous representative should return them when asked. When changing partner visa lawyer, the file transfer is as important as the new appointment. Without a complete file, the new lawyer cannot see what has been lodged, what has been said to the Department or what is outstanding.
Registered migration agents: section 54 of the Code of Conduct
For registered migration agents, the duty to return client documents is set out in section 54 of the Migration (Migration Agents Code of Conduct) Regulations 2021. OMARA's guidance on that section states that, if a client, a former client, or another registered migration agent representing a former client makes a written request for the return of any document to which the client is entitled, the agent must return the document within 14 days of receiving the request. The guidance describes those documents as including documents given to the agent by or on behalf of the client, and documents paid for by or on behalf of the client.
So the request should be in writing, and it should list what you want. When changing partner visa lawyers, a clear written request avoids a long exchange about what was or was not asked for.
Lawyers: professional obligations about client documents
Lawyers are not covered by the migration agents Code of Conduct. They are governed by the legal profession laws and professional conduct rules in their state or territory, which deal with client documents and the handover of files when a client changes lawyers. If your previous representative was a lawyer, make the same clear written request for your file. Any issue about documents or unpaid fees should be raised with them directly and, if necessary, with the legal profession regulator in their jurisdiction.
What to ask for
A useful file request when changing partner visa lawyer asks for:
- A complete copy of the lodged application, including every page of the online form.
- Every document uploaded to ImmiAccount, in the form it was uploaded.
- All correspondence from the Department, including acknowledgement letters, section 56 requests, section 57 letters, health and police check requests and bridging visa grant notices.
- All correspondence sent to the Department on your behalf, including responses and submissions.
- The relationship statement and Form 888 statements as lodged.
- Original documents you gave the representative, such as certificates and photographs.
- Any notes of advice given to you in writing about the application.
The new lawyer can make the request on your behalf. Make sure the request covers both the visa applicant and the sponsor, and any dependent children.
ImmiAccount access and importing the application
ImmiAccount access must be sorted out as part of changing partner visa lawyer, because the lodged application and the Department's correspondence usually sit inside an ImmiAccount. If the former representative lodged the application, it usually sits in their ImmiAccount, not yours. The new lawyer needs to be able to see the application, attach documents and read correspondence.
Whose ImmiAccount holds the application?
There are three common positions:
- The couple lodged the application themselves in their own ImmiAccount, and the representative was appointed later.
- The representative lodged the application in their professional ImmiAccount, and the couple has no direct access.
- The application was imported into more than one account, so both the couple and the representative can see it.
When changing partner visa lawyers, find out which position applies. If you lodged the application yourself, you can give the new lawyer the documents and correspondence from your account. If the former representative lodged it, the new lawyer will usually need to bring the application into their own ImmiAccount.
The import application function
ImmiAccount has an "Import application" function. It allows an account holder to bring an existing application into their account by entering identifying details of the application and the applicant. Importing gives the new account visibility of the application and its correspondence, so the new representative can attach documents and manage the matter. The details required are set by the Department and can change, so the new lawyer will confirm what is needed at the time. The Department's ImmiAccount help pages describe the function.
Importing an application does not change who the authorised recipient is. The Form 956 appointment and the notice ending the former appointment are still needed. ImmiAccount access and formal appointment are separate steps, and changing partner visa lawyer needs both.
Protect your account security
Never share your ImmiAccount password with anyone, including a representative. If you think a former representative or anyone else has your login details, change your password. Where a representative needs access, the import function or the representative's own professional account is the proper route.
What a new lawyer reviews when taking over a partner visa file
A new lawyer taking over a partner visa file first checks where the application stands legally, then what evidence is on file, then what is outstanding. A good takeover review makes changing partner visa lawyer worthwhile, because it often finds issues that were not visible to the couple.
The lodged application
The new lawyer reads the application as lodged, not as the couple remembers it. That includes the relationship details, the dates of the relationship, previous relationships, travel history, character answers and the details of any children. Inconsistencies between the form, the relationship statement and the evidence are a common cause of trouble. Our guide on why partner visas get refused and our article on why Subclass 820 partner visas are refused explain the issues the Department focuses on.
The relationship evidence
The new lawyer checks the evidence against the four aspects the Department assesses: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the couple's commitment to each other. Gaps are noted, and the couple is told what further evidence of their own may help. Our guides to partner visa relationship evidence, the partner visa relationship statement and Form 888 for partner visas explain what each piece of evidence does. Our partner visa document checklist lists the usual documents.
Correspondence and outstanding requests
The new lawyer lists every letter the Department has sent, every response given and every request still open. This includes requests for police certificates, health examinations, Form 80 personal particulars and further relationship evidence. Open requests are diarised immediately.
Visa status and history
For onshore applicants, the new lawyer confirms the bridging visa position and the applicant's immigration history. That history decides whether Schedule 3 criteria applied at lodgement and whether any no further stay condition, previous refusal or cancellation is relevant. Where Schedule 3 is in issue, our Schedule 3 waiver service explains how the firm presents compelling reasons. Where the sponsor has sponsored before, the sponsorship limitations page explains the rules.
Changes since lodgement
Finally, the new lawyer asks what has changed since lodgement: address, employment, children, travel, time apart and any change in the relationship. Some changes need to be reported to the Department. If the relationship has broken down, different rules apply, and our article on what happens if the relationship breaks down during a Subclass 820 application explains the position.
Changing partner visa lawyer at different stages of the application
Changing partner visa lawyer works the same way legally at every stage, but the practical priorities change depending on where the application is up to. The new lawyer's first questions are always the same: what stage is the application at, what has the Department asked for, and what is the next decision.
Before the temporary visa is decided
Most people changing partner visa lawyers do so while the first stage is still being processed, that is, before a decision on the Subclass 820 or Subclass 309 visa. At this stage the focus is on the evidence already lodged, any open requests and any change in circumstances since lodgement. This is often the best time to strengthen the application, because the Department has not yet made a decision and further evidence can still be provided.
Between the temporary visa and the permanent stage
Once the Subclass 820 or Subclass 309 visa is granted, the application for the permanent Subclass 801 or Subclass 100 visa remains open. The Department usually asks for updated information and evidence before it decides the permanent stage. Changing partner visa lawyer at this point is common, because couples often find that the representative who handled lodgement is no longer involved, or that years have passed since the first decision. The new lawyer checks what the Department will need at the permanent stage and whether anything in the relationship or the family's circumstances must be reported. Our article on Subclass 820 vs Subclass 801 explains the two stages.
After a refusal
After a refusal, changing partner visa lawyer is a question of urgency. The review application must be lodged within the time limit, and the new lawyer must have the decision record and the date of notification immediately. Everything else in the takeover follows once the review is lodged. If the refusal arrived at the former representative's address, ask them for the full decision record and the covering letter straight away, because the covering letter usually explains the review rights and time limit.
Offshore applications
For an offshore Subclass 309 application, the process of changing partner visa lawyers is the same: Form 956, notice that the former appointment has ended, and ImmiAccount access. The applicant may be in a different time zone, so the new lawyer should agree with the couple how documents will be signed and returned quickly. Where an offshore applicant has an interview request or a health examination request open, that request should be passed to the new lawyer on the first day.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
How to change partner visa lawyers safely: step by step
The safe order for changing partner visa lawyer is to engage the new lawyer, identify open deadlines, lodge the new appointment, end the old appointment, and then complete the file transfer. Each step protects the one after it.
- Book a consultation with the new lawyer and bring everything you have: the lodged application if you have it, all Department letters and your bridging visa grant notice.
- Tell the new lawyer about any open request or deadline at the start of the consultation.
- Sign the new lawyer's costs agreement and the client declarations on Form 956. Both the applicant and the sponsor should sign where both are clients.
- The new lawyer lodges Form 956 with the Department, including the appointment to receive communications.
- Notify the former representative in writing that the engagement has ended, and ask them to notify the Department and return your documents.
- Make sure the Department receives written notice that the former appointment has ended.
- The new lawyer arranges ImmiAccount access, usually by importing the application.
- The new lawyer reviews the complete file and gives you written advice on where the application stands and what happens next.
Changing partner visa lawyers in this order means there is no day on which nobody is responsible for the application. If you lodged your own application and are now appointing a representative for the first time, the steps are similar. Our article on hiring an immigration lawyer after visa lodgement explains that situation in detail.
Costs agreements and fees when changing partner visa lawyers
Changing partner visa lawyer usually means a new costs agreement with the new lawyer and a final account from the former representative. Before you sign anything new, read your existing agreement. It usually sets out what happens to fees if the engagement ends early, what work has been paid for and how unpaid work is charged.
Read your existing agreement first
Look for the termination clause, the description of the stages of work and the payment schedule. Fixed fee agreements often divide work into stages, such as preparation and lodgement, responding to requests, and the permanent stage. If you have paid for a stage that has not been completed, raise that with the former representative in writing. Our article on fixed-fee immigration lawyers explains what a fixed fee quote should include.
What the new lawyer's agreement should cover
A takeover agreement should state clearly what the new lawyer will do from the date of appointment. Typically that includes the file review, Department correspondence, responses to requests and, where relevant, the permanent stage. Taking over a file mid-application is different from starting a new application, so the scope should reflect where the application is up to. Our guides to immigration lawyer fees in Australia, partner visa lawyers fees and how to choose and choosing Australian migration lawyers explain how fees are usually structured.
Department charges already paid stay with the application. Changing partner visa lawyer does not mean paying the visa application charge again. Our guide to what an immigration lawyer does explains the work behind a partner visa matter.
Concerns about a previous representative
If you have concerns about how a previous representative handled your partner visa, you can raise them with the representative and, if needed, with the relevant regulator. The right regulator depends on whether the representative was a registered migration agent or a lawyer.
Registered migration agents
Complaints about registered migration agents are made to OMARA. The OMARA consumer guide states that you can lodge a complaint about your registered migration agent by completing the complaint form on the OMARA website.
Lawyers
Complaints about lawyers are handled by the legal profession regulator in the state or territory where the lawyer practises. The OMARA consumer guide refers people with a complaint about a legal practitioner to a separate consumer guide for legal practitioners, available on the Department's website.
A complaint does not affect your application
The OMARA consumer guide states that making a complaint will not affect your current visa application, or change the outcome of a previous visa refusal or cancellation decision. A complaint and the partner visa are separate processes. The priority when changing partner visa lawyer is always the application itself: deadlines first, file transfer second, and any complaint after that.
Keep any concern factual. Most file transfers proceed smoothly, and many representatives simply hand over the file and notify the Department. Registered migration agents and lawyers both play a proper role in partner visa work, and a change of representative is a normal part of practice.
Changing representative before an ART hearing
Yes, you can change representative while a partner visa review is before the Administrative Review Tribunal, but the Tribunal must be told and the hearing date must not be put at risk. Review deadlines and Tribunal directions are short and strictly applied. The new representative needs time to read the Tribunal file, the Department's decision and any submissions already lodged.
When changing partner visa lawyers during a review, the new representative notifies the Tribunal in writing that they act, and asks for copies of documents the Tribunal holds where needed. If a hearing is close, the new representative may ask the Tribunal for more time, but the Tribunal decides whether to grant it. Our article on what to expect at an ART review and our guide to a visa appeal lawyer explain the Tribunal process. Where a matter goes further, the judicial review page explains court review. We cover changing representative before a Tribunal hearing in more detail in a separate article.
Common mistakes when changing partner visa lawyer
The most common mistakes when changing partner visa lawyer come from treating the change as automatic. The ones that cause the most harm are:
- Assuming the former representative will tell the Department that they no longer act.
- Leaving the former representative as authorised recipient while the new lawyer acts.
- Not telling the new lawyer about an open section 56 request or section 57 letter.
- Waiting for the file before lodging the new Form 956, so that letters keep going to the old representative.
- Delaying a review application after a refusal while a new representative is found.
- Sharing an ImmiAccount password instead of using the import function.
- Withdrawing the application in the belief that this is needed to change representative.
- Signing a new costs agreement without first reading the termination clause of the old one.
Each of these can be avoided. Changing partner visa lawyers is a routine process when it is done in the right order.
Getting advice on changing partner visa lawyers
Advice is most valuable before you end the existing engagement, because the new lawyer can then check open deadlines and plan the change around them. If you are not yet sure whether you need help at all, our guides on when you need an immigration lawyer for a partner visa and partner visa lawyer vs doing it yourself explain the trade offs. Our article on booking an immigration lawyer consultation explains what to bring.
Changing partner visa lawyer applies in the same way across every partner pathway, including the Subclass 300 Prospective Marriage visa, same-sex partner visas and family violence partner visa matters. Where another visa issue sits alongside the partner visa, our visa refusals and visa cancellations practices may also be relevant. Our article on Subclass 820 processing times explains how long the application may still have to run, and our article on how long the onshore partner visa takes explains what affects the timing in individual cases. Taking over a file with months or years still to run is very different from taking over a file that is close to a decision, and the new lawyer's plan should reflect that.
Where My Migration Lawyers acts on partner visa takeovers
My Migration Lawyers acts for couples across Australia, with consultations by video, so changing partner visa lawyer to the firm does not depend on where you live. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guides on how to choose a partner visa lawyer in Australia, in Sydney, in Melbourne, in Brisbane and in Perth useful. More of our writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.
How My Migration Lawyers takes over a partner visa file
My Migration Lawyers regularly takes over partner visa applications part way through processing, and many of those matters are complex. They include applications with an open section 56 request or section 57 letter, applications lodged by the couple themselves, applications affected by Schedule 3 or a sponsorship limitation, and refusals that need a review lodged quickly. The firm deals with complex partner visa cases as a regular part of its practice and is capable of handling them. For couples changing partner visa lawyer, the firm's aim is a handover with no gap in representation.
On the first day, the firm identifies every open request and deadline and diarises it. The firm lodges Form 956 promptly once the costs agreement is signed, deals with the end of the former appointment, and confirms with the Department that correspondence will come to the firm. The firm then makes the written request for your documents to the former representative and arranges access to the application in ImmiAccount.
Once the file arrives, the firm reviews the application as lodged, the relationship evidence across the four assessed aspects, all Department correspondence and the bridging visa position. You receive written advice on where the application stands, what is outstanding and what the next steps are. Where further evidence would help, the firm explains what is needed and presents your own account and evidence in the form the law requires. If the application has been refused, the firm lodges the review first and prepares the case after.
Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.
If you are thinking about changing partner visa lawyer, speak to us before a deadline arrives. Book a consultation or call 1300 040 300.
Frequently Asked Questions
Can I change my partner visa lawyer after my application is lodged?
Yes. You can appoint a new representative at any stage while your partner visa application is being processed. The application belongs to you, not to the representative who lodged it. Changing partner visa lawyer does not withdraw or restart the application, does not change the date it was made and does not require the visa application charge to be paid again. The new representative notifies the Department using Form 956, and the former appointment should be formally ended so that letters go to the right person.
Will changing partner visa lawyer delay my application?
No, not in itself. The application keeps its place in the Department's processing, and the evidence already lodged stays on file. Delay usually only happens if something is missed during the handover, such as a request for more information sent to the former representative and not passed on. That is why the new appointment should be lodged promptly, the former appointment ended in writing, and every open request identified on the first day the new lawyer acts.
Does changing partner visa lawyers affect my bridging visa?
No. A bridging visa granted with an onshore partner visa application stays in place on the same terms when you change representative. Its conditions do not change, and it continues while the application is being processed. The new lawyer should still check which bridging visa you hold, whether it is in effect, what conditions apply and whether a Bridging visa B has been granted for travel, because bridging visa problems often come to light during a file review.
What is the difference between Form 956 and Form 956A?
Form 956 tells the Department that a registered migration agent, legal practitioner or exempt person has been appointed to provide immigration assistance, and it has a separate part for ending an appointment. Form 956A appoints or withdraws an authorised recipient, who is the person the Department sends documents to. Only one authorised recipient can be appointed at a time for a particular application, and the Department sends documents to the most recently appointed one. In most partner visa takeovers, the new lawyer is appointed under Form 956 to act and to receive communications.
How do I end my old migration agent's or lawyer's appointment?
Tell your former representative in writing that the engagement has ended, and make sure the Department is told. Part B of Form 956 is used to notify the Department that an appointment has ended, and the client signs a declaration confirming the withdrawal has the client's authority. Form 956 also states that the client may notify the Department in writing of the withdrawal of the representative's appointment as authorised recipient. Do not assume the former representative will notify the Department without being asked.
What happens if the Department sends a letter to my old representative?
You are treated as having received it. Form 956A states that you are taken to have received documents sent to your authorised recipient as if they had been sent to you. If the former representative is still the authorised recipient when a request or decision is sent, any deadline in that letter starts running even if you never see it. Ask your former representative to forward every letter received, and have your new lawyer check the correspondence in ImmiAccount as soon as they act.
Can I change representative if I have an open section 56 request?
Yes, but the request must be handed to the new lawyer immediately. A section 56 request states how and when information must be provided, and the Department can decide the application without the information if the time passes. When changing partner visa lawyer with a request open, give the new lawyer a copy of the request, the date it was sent and anything already prepared. The new lawyer can then decide whether to respond in full in time or to ask the Department for more time.
What should I do if I receive a section 57 letter while changing partner visa lawyers?
Take the letter to the new lawyer straight away, even before the new appointment is recorded. A section 57 letter gives particulars of adverse information and invites you to comment before a decision is made. It is often the last chance to address a concern with the Department. The response must deal directly with the adverse information, using your own account and evidence. A section 57 letter should never be left waiting while a file transfer is completed.
How do I get my file back from my previous migration agent?
Ask in writing and list the documents you want. Under section 54 of the Migration (Migration Agents Code of Conduct) Regulations 2021, a registered migration agent who receives a written request from a client, a former client or another agent representing a former client must return documents the client is entitled to within 14 days. Ask for the lodged application, every uploaded document, all Department correspondence, all responses sent on your behalf and your original documents. Your new lawyer can make the request for you.
Can I get my file back from a lawyer who handled my partner visa?
Yes. Lawyers are not covered by the migration agents Code of Conduct, but they are governed by the legal profession laws and professional conduct rules in their state or territory, which deal with client documents and the transfer of files when a client changes lawyers. Make a clear written request for the complete file, including the lodged application and all Department correspondence. Any dispute about documents or unpaid fees can be raised with the lawyer and, if necessary, with the legal profession regulator.
How does my new lawyer get access to my application in ImmiAccount?
Usually by importing the application into the new lawyer's own ImmiAccount. ImmiAccount has an import application function that brings an existing application into an account using identifying details of the application and the applicant. If you lodged the application yourself, you can also provide the documents and letters from your own account. Importing an application gives visibility of it, but it does not change the authorised recipient, so the Form 956 appointment is still required. Never share your ImmiAccount password with anyone.
What does a new lawyer check when taking over a partner visa?
A new lawyer checks the application as lodged, the relationship evidence, all Department correspondence, any open requests and the applicant's visa status. The evidence is reviewed against the four aspects the Department assesses: financial aspects, the nature of the household, social aspects and the nature of the commitment. The lawyer also checks the bridging visa position for onshore applicants, any Schedule 3 or sponsorship limitation issue, and changes since lodgement that may need to be reported. You should then receive written advice on next steps.
Do I have to pay the visa application charge again if I change lawyers?
No. The Department charge paid when the application was lodged stays with the application. Changing partner visa lawyer is a change of representative, not a new application. You will usually have a new costs agreement with the new lawyer for the work they do from the date of appointment, and the former representative may issue a final account under the terms of your original agreement. Read the termination clause of the original agreement before signing anything new.
Can I complain about my previous migration agent or lawyer?
Yes. Complaints about registered migration agents are made to the Office of the Migration Agents Registration Authority using the complaint form on its website. Complaints about lawyers are handled by the legal profession regulator in the state or territory where the lawyer practises. The OMARA consumer guide states that making a complaint will not affect your current visa application. The priority should still be the application itself, so deal with deadlines and the file transfer before turning to any complaint.
Can I change representative before my ART hearing?
Yes. You can change representative while a partner visa review is before the Administrative Review Tribunal. The new representative tells the Tribunal in writing that they act and obtains the documents needed to prepare. If the hearing is close, the new representative may ask for more time, but the Tribunal decides whether to grant it. Tribunal timeframes are short and strictly applied, so a change of representative during a review should be made as early as possible.
Do I need to withdraw my partner visa application to change representative?
No. Withdrawing a partner visa application ends the application, and for an onshore applicant it can also bring the associated bridging visa to an end. Changing representative leaves the application exactly where it is. The new representative is appointed using Form 956 and the former appointment is ended by written notice. If anyone suggests you need to withdraw and lodge again simply to change representative, get advice before signing anything.
























