Power of Attorney
A legal document by which an applicant authorizes a representative (an agent or lawyer) to act on their behalf in defined matters during the status process.
A Power of Attorney (PoA) is a legal document by which an applicant (the principal) authorizes another person (a representative, such as an agent or lawyer) to act on their behalf within a defined range of matters. A PoA can be general or special — limited to specific actions.
In migration procedures a PoA lets the representative file documents, sign applications, deal with authorities and sometimes open accounts or take other steps remotely. The scope of authority is set by the wording of the document; certain steps (such as giving biometrics) usually still require the applicant's personal presence.
For use abroad a PoA is, as a rule, notarized and then apostilled or consularly legalized and translated into the language of the host country. Requirements as to form and scope of authority depend on the jurisdiction.
“A catch-all power of attorney rarely survives here: the wording has to name the specific acts and the authority. Check the certification format before signing — redoing it from abroad takes longer than getting it right the first time.”
Susana Ablyamitova — LawyerFAQ
Can the whole process be handled remotely under a power of attorney?
In many programmes a representative acting under a PoA files documents, handles correspondence and signs on the applicant's behalf. Certain steps — biometrics, an interview, the oath — usually require you in person and cannot be delegated.
How is a power of attorney prepared for use abroad?
It is normally notarised, then apostilled or consularly legalised, and translated into the language of the receiving country. Formal and drafting requirements differ, so the wording is best agreed in advance.
How broad should the authority be?
Sound practice is to confine the document to the specific procedure, a defined list of acts and a fixed period, rather than granting general authority over all matters. Powers to move funds or deal with real estate warrant particular caution.
Can a power of attorney be revoked?
Yes, the grantor may revoke it, though the procedure and the point at which revocation binds third parties are governed by the law of the country where it was executed. Notice normally has to reach the representative and any authority already holding the document.
Who may act as my representative?
Investment programmes often accept filings only through a licensed agent or a lawyer accredited with the competent authority. It is worth verifying the representative's standing in the country's official register before signing anything.