Seven-year record keeping under section 56

Section 56 of the Migration Agents Code of Conduct 2021 requires a registered migration agent to keep certain records for seven years. The practical issue is that clients often ask for passports, bank statements, certificates or application copies back during or after a matter, and some assume that means the agent no longer has to keep anything. It does not, because the duty to return client documents under s54 and the duty to retain records under s56 are separate obligations.

What section 56 requires#

Section 56 of the Migration Agents Code of Conduct 2021 says a registered migration agent must retain records for seven years. The seven years run from the date the agent last gives immigration assistance to the client.

This is a record-keeping rule, not a permission to hold on to original client property forever. It exists so there is a traceable file if there is a complaint, an audit, a fee dispute, or a question about what work was done and what instructions were given.

The retention duty sits alongside other Code duties. For example, s42 requires a written agreement, s46 deals with the fee structure, s49 requires invoices and receipts, and s54 requires documents to be returned within 14 days if the client asks. Section 56 means that even after returning documents, the agent still needs to keep the records the Code requires.

What records need to be kept#

The Code is aimed at keeping a complete file of the work done for the client. In practice, that usually includes the service agreement, file notes, client instructions, copies of forms, correspondence, invoices, receipts, trust or client account records where relevant, and copies of documents used in the matter.

A proper file will often also include emails, text-based instructions, identity documents provided for the matter, supporting evidence sent with an application, drafts that show material changes, and records of advice or explanations given as part of the service. If Form 956 was used to appoint the representative, that form would usually be part of the retained file because it records the authorised relationship under Migration Act 1958 s312A.

Financial records matter as well. If money was received, the file would usually need to show what was charged, what was paid, when it was paid, and how it was receipted, which links back to s46, s49, s50 and s51 of the Code.

The safest way to understand the rule is this: if a document or communication shows what work was done, what authority existed, what money changed hands, or what material was relied on, it is likely to belong in the retained record.

How long is seven years, and when does the clock start#

The key point in s56 is that the seven-year period runs from the last day immigration assistance was provided in that matter. It does not necessarily run from the day the agreement was signed, the day the application was lodged, or the day a visa outcome was received.

That matters because some files continue after lodgement. There may be requests for information, health or police clearance updates, bridging visa correspondence, or post-decision communications. If those later steps are part of the assistance being provided, the record period usually runs from the last of those steps.

This is one reason an agent may keep a file long after a client thinks the matter has finished. The rule is based on the last provision of assistance, not just the start of the job. If there is uncertainty about whether someone offering migration help is actually registered, verifique o operador antes de enviar documentos ou dinheiro.

Why returning documents under s54 does not cancel s56#

Section 54 and section 56 do different jobs. Section 54 says a registered migration agent must return a client's documents if the client asks, and must do so within 14 days. Section 56 says the agent must still retain records for seven years.

That means returning originals, or even returning the whole physical bundle a client brought in, does not wipe out the retention duty. An agent can comply with both sections by giving the client their documents back and keeping copies or a digital record on file.

This distinction is important because "documents" and "records" are not the same thing in practice. A passport, birth certificate, lease, bank statement or skills letter may belong to the client and need to be returned on request under s54. But the agent's retained record can still include scans, file notes, copies of forms, email chains, billing records and evidence of what was lodged or relied on.

The rule also protects both sides. If there is later a complaint, a misunderstanding about fees, or a claim that something was or was not provided, the retained file can be checked. That is one reason the Code keeps the return duty and the retention duty separate.

What this looks like in day-to-day practice#

Many migration practices now keep electronic files. A client may provide original paper documents or email PDF copies, and the office scans, saves and indexes them in its system before returning originals. That allows the practice to meet the s54 return rule while still maintaining the seven-year file required by s56.

A typical retained file may include a copy of the written agreement, proof the consumer guide was given first under s38, a copy of Form 956 if used, copies of lodged forms, supporting evidence, email correspondence, invoices and receipts, and notes of phone calls or meetings. If funds were handled through a client account, the accounting records linked to s50 would usually also be retained.

Clients sometimes assume "please give me my file back" means every copy must be deleted. Section 56 points the other way for registered migration agents. The Code requires retention for seven years, so deletion simply because the client asks is not the same as compliance.

The same practical point can matter during a transfer to a new representative. The outgoing agent may return originals and provide a copy file, while still keeping their own retained record for the statutory period. If a person wants a second quote before changing representatives, they can descreva o caso e obtenha orçamentos from registered migration agents or Australian legal practitioners.

Why the rule exists#

Seven-year retention supports supervision, complaints handling and consumer protection. If OMARA investigates conduct, or if there is a dispute over what authority existed or what was charged, the file needs to exist and be readable.

It also protects the integrity of the migration advice system. Record keeping makes it easier to verify whether a representative acted within authority, gave the required disclosures, used a written agreement, and handled money properly. These are basic accountability steps, not optional office preferences.

The rule also has an evidentiary value. In migration matters, applications often involve identity, relationship, employment, study, health or character documents. If false or misleading material later becomes an issue, retained records can help establish what was received and what was lodged. False documents and false information can have serious consequences under the Migration Act 1958, including s234 and s245AR, and may also connect with PIC 4020 in some contexts.

Consumers can reduce confusion by keeping their own organised copy of everything sent to a representative. VisaBid's consumer guide also explains some of the basic protections that apply when dealing with a registered migration agent.

Good record keeping and client expectations#

For clients, the practical lesson is simple. Asking for originals back under s54 is about possession of documents, not erasing the agent's compliance file. A registered migration agent still has their own legal obligation to keep the relevant records for seven years under s56.

For agents, the practical lesson is to separate original documents from retained records and explain that difference clearly in the service agreement and file closing process. That reduces later disputes about whether the office can keep copies after originals are returned.

If there is a disagreement about documents, fees or file handling, the first step is often to ask for the written agreement, invoices and receipts, and confirm what was requested and when. Where a complaint process is needed, VisaBid has general information on reclamações and other topics in the biblioteca de guias.

Perguntas comuns#

Can a migration agent keep copies after giving my documents back?#

Yes, s54 and s56 deal with different things. A registered migration agent may return the client's documents within 14 days after a request under s54, while still keeping copies and other file records for seven years under s56.

When does the seven years start for migration agent records?#

Section 56 measures the period from the date the agent last gives immigration assistance in the matter. It is not always the date the contract was signed or the date an application was lodged.

Does section 54 mean the whole file must be deleted?#

No. Section 54 is about returning the client's documents on request, not deleting the agent's records. Section 56 requires the registered migration agent to retain the relevant records for seven years.

What records does a migration agent have to keep for seven years?#

The retained file will usually include the written agreement, file notes, correspondence, forms, supporting evidence, invoices, receipts and any client account records relevant to the work. The exact contents depend on the matter, but the purpose is to preserve a reliable record of the assistance provided.

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Sobre este guia. Esta é informação geral sobre como um processo funciona na Austrália. Não é assistência de imigração e não é aconselhamento sobre a sua situação. Ao abrigo da section 280 do Migration Act 1958 apenas um registered migration agent ou um Australian legal practitioner pode dar isso a você. As taxas do governo são indexadas e a maioria muda em 1 July, por isso verifique qualquer valor em immi.homeaffairs.gov.au, e verifique qualquer agente no registo OMARA (autoridade de registo dos agentes de migração).