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-   -   Incompetent? (https://britishexpats.com/forum/australia-54/incompetent-384866/)

Springbok Jul 13th 2006 7:34 pm

Incompetent?
 
Hi.......

We put our application in, in December and the agent we used guaranteed us she had covered all bases. We gave her the truth and nothing but the truth about our past. My other half lived in Canada for more than 12 months in the last 10 years, we did not know we would need a police check for her as the agent was meant to be giving us advice and checking the documents. After the agent told us we are mere weeks from being given our visa's the C.O. now says we missed that bit of information and she wants it. A wait of 8 more months is coming up. This is the agents 3rd big blunder in my eyes. She should have know they would request it and should also have spotted it. Do I have any case against her for what she has done, or not in this case as after I sent her a letter explaining how upset we were by this she has decided now to stop contacting me. Any advice would do.....

Thanks

Springbok and the Clan

northernbird Jul 13th 2006 7:42 pm

Re: Incompetent?
 
Yeah long waiting times for the canadians eh.

http://www.rcmp.ca/crimrec/finger2_e.htm will tell you what you need to do. Get the ball rolling now because it is at least 150 days before you get it back and no way to hurry it.

As for your agent, I can't offer any advice I am afraid. That was a fundemental error in my view. Good luck.

thebears Jul 13th 2006 8:21 pm

Re: Incompetent?
 

Originally Posted by Springbok
Hi.......

We put our application in, in December and the agent we used guaranteed us she had covered all bases. We gave her the truth and nothing but the truth about our past. My other half lived in Canada for more than 12 months in the last 10 years, we did not know we would need a police check for her as the agent was meant to be giving us advice and checking the documents. After the agent told us we are mere weeks from being given our visa's the C.O. now says we missed that bit of information and she wants it. A wait of 8 more months is coming up. This is the agents 3rd big blunder in my eyes. She should have know they would request it and should also have spotted it. Do I have any case against her for what she has done, or not in this case as after I sent her a letter explaining how upset we were by this she has decided now to stop contacting me. Any advice would do.....

Thanks

Springbok and the Clan


Go talk with a solicitor and take a copy of your contract. Most people are spending big money and that is for a level of professional service. Failure to deliver such service has consequences for agents. Their pockets

GinaUK Jul 13th 2006 9:43 pm

Re: Incompetent?
 
Was your agent a registered agent? Check the MARA website: http://www.themara.com.au/Online/default.asp

There are details on how to contact them/what to do if you want to complain about an agent.

If your agent isn't MARA registered, then they are a "cowboy outfit". Not a lot you can do there ...

Gina

Springbok Jul 14th 2006 7:40 am

Re: Incompetent?
 
Hi Again.......

Thanks for the replies so far. We have now had an email stating our lawyer is "out of the office" but the other partners had a meeting and are drafting a reply. We will wait and see now.

kitty4 Jul 14th 2006 8:10 am

Re: Incompetent?
 
I agree with others that's really a fundamental error on behalf of the agent, because it is required for permanent residence that a police clearance is needed for every country lived in within the last 10 years.
Eg, We lived in Oz for 3 years, having left there nearly 5 years ago, but we had to get Oz police checks as well as UK ones.
Sorry to hear about your long wait to get the ones you need.
K sent.

herrchook Jul 14th 2006 8:48 am

Re: Incompetent?
 
I really think you should be naming your agent on here, for the sake of those trying to find one. We should be able to see the bad as well as the good.

comet555 Jul 14th 2006 9:12 am

Re: Incompetent?
 
Are you sure you need the certified criminal records check? I am applying from Canada and I am only going to send the "Police Certificate for Visa Purposes" as neither of us have a criminal record. I did not use an agent but from my understanding you only need the certified criminal records check if you have a criminal record. The certified check takes forever but the regular one might only take a month, and in some places only a week or two. I would double check what you need to send before you waste all that time waiting for the certified one.

Also I'm not sure how this works if you are outside of Canada. Maybe you do need the certified check if you are outside of the country.

Check out this link for more information on police clearances:

http://www.immi.gov.au/allforms/pdf/47p.pdf
(Scroll down to Canada)

If I'm wrong then that sucks that you have to wait so long. But if I'm right then it will save you a lot of time and it should prove yet again that your agent is an idiot.

Please correct me if I am wrong about this because it would change my plans for our own visa application.

Haley

Sideys Jul 14th 2006 9:16 am

Re: Incompetent?
 
[If your agent isn't MARA registered, then they are a "cowboy outfit". Not a lot you can do there ...

Gina[/QUOTE]


I feel that this statement is a bit harsh, yes i'm sure there are a few bad eggs out there but not fair to tarnish all agents with the same brush, remember to be registered with the mara you have to be australian i'm sure so unfair for the good british agents out there.

anyway, we are using an un registered agent and he has been first class in every aspect so far. his advice and the timescales given are accurate and their prices extremely competitive. :) :) :)

Pollyana Jul 14th 2006 12:45 pm

Re: Incompetent?
 
http://www.immi.gov.au/allforms/pdf/47p.pdf

Looks like non-residents requiring a check need the full Certified Criminal record check, which is the one that takes a while. Sorry :(

Alan Collett Jul 14th 2006 4:38 pm

Re: Incompetent?
 
Not quite right: http://www.themara.com.au/Online/Default.asp?DeptID=287

The key issues are:

1. Only MARA registered agents are required to maintain their technical competencies in the area of Australian migration.

2. If you engage an unregistered agent you have nowhere to go if you aren't satisfied as to the handling of your migration affairs.

I hear what you say about unregistered agents in the UK, but the above points nevertheless remain valid.

Best regards.



Originally Posted by Sideys
<snip> ... remember to be registered with the mara you have to be australian ... <snip>


Wol Jul 14th 2006 8:22 pm

Re: Incompetent?
 

Originally Posted by Sideys
[If your agent isn't MARA registered, then they are a "cowboy outfit". Not a lot you can do there ...

Gina


I feel that this statement is a bit harsh, yes i'm sure there are a few bad eggs out there but not fair to tarnish all agents with the same brush, remember to be registered with the mara you have to be australian i'm sure so unfair for the good british agents out there.

anyway, we are using an un registered agent and he has been first class in every aspect so far. his advice and the timescales given are accurate and their prices extremely competitive. :) :) :)[/QUOTE]

And we used a registered agent - and he was useless....

Sideys Jul 14th 2006 9:19 pm

Re: Incompetent?
 
And we used a registered agent - and he was useless....[/QUOTE]


Yes thank you, i have seen people on here saying similar things about their registered agent. I would love to hear how someone gets on with complaining to the mara and what would actually get done.
All the time i hear everyone harping on about only using mara registered agents and i'm afraid that i just don't think it's any guarantee of them getting everything right as i've seen from a few posts lately.

yes i'm sure it's a safer bet using a registered agent but again not all unregistered agents are 'cowboy outfits' as previously quoted. :rolleyes: :rolleyes:

Springbok Jul 15th 2006 9:36 pm

Re: Incompetent?
 
Hi All..........

I have been at work for the last 2 days thus no more replies. Thanks for your efforts. According our agent we need the super duper 150 day at least version. Comet555 I would check with the DIMA as it is going to be a long wait. As for the naming and shaming of agents, as I said we were at first not responded to after I told her what we thought of her service, then we were told she was out of the office and a letter was being drafted. All I can say to this is, if they start claiming they have done nothing wrong I will be posting their website address on every forum I know and naming all of them. I have had a look on the MARA website and it looks like one of the "jobs for the boys" type organisation. In other words don't bother as you will lose and it takes ages, up to a year. Also they say you will not be recompensed, you will have to do that through another court.

Again, thanks for the advice for now. Will keep you up to date.

Cheers
Springbok

comet555 Jul 16th 2006 3:53 am

Re: Incompetent?
 
Hi Springbok,

I have checked with the DIMA website and have called the Australian High Commission in Ottawa. Both clearly said that since we were residents of the country with no prior record that all we needed was the 'Police Certificate for Visa Purposes.' I will however still be calling DIMA to make sure. I might even send off both so I don't have any problems down the line.

If you look at the DIMA website it explains the difference.
http://www.immi.gov.au/allforms/pdf/47p.pdf

In your case non residents have no choice to get the 'Certified Criminal Records Check.' It doesn't matter if you have a record or not. So unless you're a resident I'm afraid you really are stuck with the wait. The only other alternative is to try and do both police checks (if possible) and send in the regular one as soon as it comes back. They may be happy with that, and if not you'd still have the certified one coming eventually.

Good luck... and sorry about the wait.

Haley


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