What does an 858 visa lawyer do?
An 858 visa lawyer helps with preparation, correspondence and legal options:
- Frames and submits the EOI: Home Affairs’ National Innovation visa EOI form permits submission on your behalf with written consent.
- Advises your nominator on Form 1000: the form asks for an account of your achievements, continuing prominence and ability to become established in Australia.
- Prepares and lodges the application: Home Affairs’ “Using a legal practitioner” page explains that lawyers obtain a legal practitioner number through Form 1548 to lodge clients’ applications in ImmiAccount.
- Deals with Home Affairs: that page explains the lawyer’s correspondence role; sections 56 and 57 of the Migration Act 1958 govern requests for information and invitations to comment on relevant adverse information.
- Represents you at the Administrative Review Tribunal: the Tribunal’s immigration and citizenship page, captured on 29 August 2026, says an Australian lawyer with a practising certificate may represent you and charge.
- Prepares a section 351 request after a Tribunal decision: under the Migration Act 1958, ministerial intervention is discretionary; the Minister has no duty to consider a request.
For the visa itself, the 858 visa guide covers each step.
At which 858 stages does a migration lawyer help most?
A migration lawyer helps at each 858 stage by checking what must be submitted, who must sign and which deadline applies.
| Stage | What a lawyer does | What stays your responsibility |
|---|---|---|
| EOI | Frames the area and achievements and submits with your written consent, attaching Form 956 or 956A under Home Affairs’ EOI form instructions. Its EOI submission page says nothing can be added afterwards. | The truth of every claim. Home Affairs’ “Using a legal practitioner” page keeps accuracy your responsibility; its EOI page says submission guarantees no invitation. |
| Nominator and Form 1000 | Checks the nominator’s qualifying status and national reputation under regulation 858.212, and whether the statement and attachments address the achievements required by Form 1000. | Your nominator signs Form 1000—or an authorised officer signs for an organisation—and declares that no fee was received. |
| Invitation and application | Lodges in ImmiAccount within the non-extendable 60 days from invitation, with Form 1000 and evidence of the invited achievements, as Home Affairs’ after-submission page and the Migration Regulations require. | Accurate documents and translations. Home Affairs’ 858 page requires all non-English documents to be translated. |
| Section 56 and 57 letters | Discusses the application with Home Affairs and prepares responses. Regulation 2.15 ordinarily allows 28 days after notification for a written invitation concerning an application made in Australia; detention has a shorter period. | Supplying the requested information in time for the response deadline. |
| Refusal and review | Checks review rights and advises on the deadline. Section 347 of the Migration Act ordinarily requires review within 28 days after notification, or 14 days in immigration detention; the Tribunal cannot extend it. | Deciding whether to seek review and paying the applicable Tribunal fee. |
The stages where a mistake cannot simply be undone are the EOI, because Home Affairs’ EOI submission page prohibits additions afterwards, and the application, because regulation 858.212(3) fixes the area and achievements to those stated in the invitation.
Reader warning. > Unauthorised immigration assistance can leave you without cover. Section 280 of the Migration Act 1958 prohibits immigration assistance by someone who is neither registered nor exempt; Australian legal practitioners acting in legal practice and certain unpaid helpers are exempt. Practising Australian lawyers are subject to professional indemnity insurance requirements, including section 211 of the Legal Profession Uniform Law where it applies. An unauthorised helper does not acquire that cover through registration, so a mistake may leave you without an insurer to claim against; any actual claim depends on the policy and circumstances.
Enquiry page: Ask an Australian migration lawyer about your 858
The site enquiry form accepts questions addressed to Australian Migration Lawyers. A reference appears only after the email send is accepted and its status recorded.
Can your nominator or family help with your 858?
Only in a limited, unpaid way. Form 956 and sections 280 and 281 of the Migration Act 1958 recognise close family members and your nominator as exempt persons who must not charge for immigration assistance. For advice on evidence, strategy and deadlines, instruct an Australian migration lawyer.
Home Affairs’ “Exempt person” page explains that your nominator can complete Form 956 for you to sign and submit with the application. Home Affairs may then discuss the application with them and ask for information. Separately, Form 1000 requires the nominator to receive no fee from anyone for the nomination.
858 visa scams, paid nominators and guaranteed EOI offers
Home Affairs’ visa scams page and its related guidance identify these risks:
- “Fast-track” payments: large upfront payments to accelerate a visa, and pressure about scarce places, are scam signs.
- Guaranteed outcomes: Home Affairs says no one can guarantee a visa; its EOI submission page says an EOI guarantees no invitation.
- Paid nominations: Form 1000 contains a no-fee declaration and asks whether anyone helping was paid. The 858 visa nominator guide explains the nomination requirements.
- False or manufactured evidence: Form 1000 warns of refusal, exclusion periods, later cancellation and reputational harm to the nominator. Home Affairs’ scam guidance warns of bans up to 10 years, and its “Providing accurate information” page says not to modify or create documents with editing tools or AI.
- Reporting scams: Home Affairs’ visa scams page directs reports to Border Watch.
Appointing an Australian migration lawyer for your 858
Home Affairs’ “Using a legal practitioner” page explains the appointment process:
- Complete and lodge Form 956. The lawyer completes it, you sign it and the lawyer sends it in. Home Affairs’ 858 page says to upload the form or written notice to ImmiAccount.
- Appoint an authorised recipient if you want letters sent to the lawyer. Use the same form. Form 956 says written communications sent to the authorised recipient are treated as received by you.
- Document the EOI authority. Home Affairs’ EOI form requires written consent and an attached Form 956 or 956A when someone submits for you.
- End or change the appointment explicitly. Use Part B of Form 956 or write to Home Affairs; a new lawyer lodges a new Form 956. End the old authorised-recipient appointment too if it no longer applies.
What an 858 visa lawyer cannot do
An 858 visa lawyer cannot:
- Guarantee a visa or invitation: Home Affairs’ visa scams and EOI submission pages rule out those promises.
- Speed up processing: Home Affairs’ “Using a legal practitioner” page states this limit.
- Add to a submitted EOI: Home Affairs’ EOI submission page prohibits later additions.
- Change the invited area or achievements: regulation 858.212(3) requires them to match the invitation.
- Extend the 60-day application window: Home Affairs’ after-submission page says it cannot be extended.
- Pay a nominator or arrange payment: Form 1000 requires no fee to the nominator.
- Take over your responsibility for accuracy: Home Affairs’ “Using a legal practitioner” page leaves that responsibility with you.
858 visa lawyer help after a refusal
An 858 visa lawyer checks the refusal reasons, review rights and deadline. Home Affairs’ 858 page says the refusal notice gives reasons and explains whether review is available.
For an application made in Australia, sections 338(2) and 347A of the Migration Act 1958 provide Tribunal review, subject to the statutory conditions; you must be in Australia when seeking review. Section 347 ordinarily allows 28 days after notification, reduced to 14 days in immigration detention, with no Tribunal power to extend.
For an application made outside Australia, the effect of sections 338(7A) and 347A(3) is that review is available only if you were in Australia when refused and when applying for review. Section 338(5) does not provide an 858 nominator with a separate review right.
The Commonwealth Gazette of 22 June 2026 sets the migration review fee at $3,727 from 1 July 2026. Regulation 4.13(4) reduces it by half where the Principal Registrar considers the full fee would cause financial hardship. Section 48 of the Migration Act also limits a fresh onshore application after refusal in Australia.
The 858 visa refused guide explains the refusal options.
Asking an Australian migration lawyer about your 858
The send an enquiry to an Australian migration lawyer page explains which role, stage and deadline details to prepare; the form accepts questions addressed to Australian Migration Lawyers and shows a reference only after send acceptance and status recording.
How much does an Australian immigration lawyer cost for an 858?
This guide lists no lawyer prices. Ask the practice to confirm its fees and scope. Home Affairs’ visa scams guidance warns that a large upfront payment to “fast-track” a visa is a scam sign.
Is it worth getting an immigration lawyer for the 858?
The concrete reason to instruct an Australian migration lawyer is to check the evidence before the EOI becomes unchangeable and ensure the application matches the invitation under regulation 858.212(3).
Can a Global Talent visa (Australia) application be refused?
Yes. Home Affairs’ 858 page says a refusal notice gives reasons and review information. Its 2024–25 Migration Program Report records a 98.2% grant rate for the Global Talent category, including National Innovation outcomes from 6 December 2024—not a separate National Innovation rate or a prediction for your case.
Can my lawyer receive my Home Affairs letters?
Yes, if also appointed as your authorised recipient on Form 956, according to Home Affairs’ “Using a legal practitioner” page. Representation alone does not direct letters to the lawyer.
Can I change lawyers during an 858 application?
Yes. Home Affairs’ “Using a legal practitioner” page explains how to end the old appointment using Form 956 Part B or written notice and lodge a new Form 956. End the old authorised-recipient appointment too, otherwise correspondence remains directed there.
Ask an Australian migration lawyer to check consistency across your EOI, Form 1000, invited achievements, application evidence and any response before each stage closes. Regulation 858.212(3) requires the invited achievements to match; section 54 permits a decision without further requests, and section 57 does not require your own submitted material to be put back to you for comment.
Forms for appointing an 858 visa lawyer
- Form 956: appointing a migration lawyer records the representative’s appointment and, if selected, their appointment as authorised recipient.
- Form 956A appoints only an authorised recipient to receive correspondence. The form explains that Home Affairs cannot discuss your matter with that recipient unless they also represent you or you give separate consent.