Who can legally help with a subclass 790 application in 2026: agents, lawyers, exempt persons
Answers who may lawfully give immigration assistance on a subclass 790 SHEV application and how that differs from appointing an authorised recipient.
2026-10-04
Under the Australian Department of Home Affairs' official Safe Haven Enterprise visa (Subclass 790) page, as of August 2026, only three kinds of people may give you immigration assistance on a subclass 790 (Safe Haven Enterprise visa, or SHEV) application: a registered migration agent, a legal practitioner (a lawyer), or an exempt person. Separately, you may appoint anyone at all to receive documents on your behalf — that role is called an authorised recipient, and it is not the same as giving immigration assistance. You are also free to prepare and submit the application yourself; using help is optional rather than required.
Who is allowed to give immigration assistance on a subclass 790 application?
The official page uses "immigration assistance" for help and advice on the visa matter itself, not merely for handing in papers or collecting mail. If you appoint someone to give you that kind of assistance, the page limits the choice to three categories:
- a registered migration agent,
- a legal practitioner, or
- an exempt person.
The subclass 790 page names these three categories and points to the department's separate material on using a migration agent, using a legal practitioner and exempt persons. On the subclass 790 page itself, assistance from a person outside these three categories is not one of the options it describes.
What is the difference between immigration assistance and being an authorised recipient?
This boundary is where most confusion arises. An authorised recipient is someone appointed only to receive documents and correspondence relating to your visa matter. The official page says you can appoint anyone to do this — the person does not have to be a registered migration agent, a legal practitioner, or an exempt person.
Giving immigration assistance is different. It covers help with the substance of the application, and it is restricted to the three categories above. A person can be your authorised recipient without being permitted to give immigration assistance, and the forms used for the two roles are not interchangeable.
Which form appoints a helper, and which appoints an authorised recipient?
| What you want the person to do | Who may be appointed | Form to use |
|---|---|---|
| Provide immigration assistance | A registered migration agent, a legal practitioner, or an exempt person | Form 956 — Appointment of a registered migration agent, legal practitioner or exempt person |
| Receive correspondence or documents on your behalf | Anyone you choose | Form 956A — Appointment or withdrawal of an authorised recipient |
The official page directs you to upload your written notification or your forms to ImmiAccount. The same forms are used later if you want to end the arrangement: Form 956A withdraws an authorised recipient, while Form 956 withdraws someone who was providing immigration advice.
What am I responsible for if a migration agent completes my form?
Your responsibility does not transfer to the person helping you. The official page states that if a migration agent completes your application form, you must read and understand all the information in the form before you sign it, and before you sign any statutory declaration you make. You are responsible for any claims made in the form.
The page is equally explicit about blank paperwork: do not sign blank pages or documents, even if you are asked to. It also warns that providing incorrect information on purpose may lead the department to question your credibility and refuse the SHEV. Because those responsibilities fall on you rather than on the helper, treat the above as general information only and not personalised advice; for your own circumstances, the official page — and a qualified professional where needed — is the reference.
Can I change or end the arrangement after I apply?
Yes. If you no longer want someone to receive your correspondence, the page says to complete Form 956A Appointment or withdrawal of an authorised recipient. If you no longer want someone to provide immigration advice, complete Form 956 Appointment of a registered migration agent, legal practitioner or exempt person. Upload the written notification or forms to ImmiAccount. The page refers readers to the department's "Who can help you with your application" material for more detail.
Does appointing help change how the subclass 790 application is lodged?
No. Protection visa applications must be lodged online through ImmiAccount, and having an appointed helper or authorised recipient does not change that channel — the appointment forms themselves are uploaded to ImmiAccount. On fees, the page states the department will not process the application until the fee is paid, with one stated exception: if you are in immigration detention when you apply and have not been immigration cleared, you do not have to pay the application fee. The page also advises keeping a record of your Transaction Reference Number (TRN) after lodging.
Frequently Asked Questions
Can I apply for a subclass 790 visa without any agent or lawyer?
Yes. The official page says you can prepare and submit your application yourself, or get someone to act on your behalf. Using a registered migration agent, legal practitioner or exempt person is optional, not mandatory.
Can a friend or relative give me immigration assistance?
Only if they fit one of the three permitted categories — registered migration agent, legal practitioner, or exempt person. A friend or relative outside these categories cannot give immigration assistance, though they can be appointed as an authorised recipient to receive documents.
What exactly is an exempt person?
The official subclass 790 page lists "exempt person" as one of the three categories allowed to provide immigration assistance, but does not define the term on that page. The current description should be taken from the official page or the department's exempt person material.
Which form do I use to appoint an authorised recipient?
Form 956A, Appointment or withdrawal of an authorised recipient. It appoints someone — anyone you choose — to receive correspondence and documents relating to your visa matter, and it is also used to withdraw that appointment.
Which form do I use to appoint someone to give immigration assistance?
Form 956, Appointment of a registered migration agent, legal practitioner or exempt person. The person appointed must be one of those three categories, and the form is also used to withdraw someone who was providing immigration advice.
Am I still responsible for my application if a migration agent fills it in?
Yes. You must read and understand everything in the form before signing it and before signing any statutory declaration, and you remain responsible for the claims made. The page also warns against signing blank pages or documents.
Do I have to pay the fee if I use an agent?
The official page addresses the application fee separately from who helps you: the department will not process the application until the fee is paid. The one stated exception is that you do not have to pay if you are in immigration detention when you apply and have not been immigration cleared.
References
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