my agent upped his fee!

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Old Dec 13th 2010, 1:00 am
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Exclamation my agent upped his fee!

I have applied for 176 visa and have been using an agent. My DIAC application was lodged in Dec 2009 as 175 and got WA sponsorship in June 2010. Then all things went into limbo.

Now that WA has released its SMP and my occupation is in the list, my agent mails me saying that I have to pay him substantially more than what was agreed upon in our cost agreement if he is to continue to work for me. He says that due to these unprecedented changes, expenses will exceed the amount set in our agreement. He is supposed to send me a revised cost agreement soon.

This is a very nasty surprise or me. I didn't find anything regarding adjusting cost depending on situation. Everywhere it said "Fixed fee" & similar.

Can anyone please tell me if he is entitled to change cost agreement like this?
Thanks for your time.
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Old Dec 13th 2010, 1:02 am
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Default Re: my agent upped his fee!

Originally Posted by emonje
I have applied for 176 visa and have been using an agent. My DIAC application was lodged in Dec 2009 as 175 and got WA sponsorship in June 2010. Then all things went into limbo.

Now that WA has released its SMP and my occupation is in the list, my agent mails me saying that I have to pay him substantially more than what was agreed upon in our cost agreement if he is to continue to work for me. He says that due to these unprecedented changes, expenses will exceed the amount set in our agreement. He is supposed to send me a revised cost agreement soon.

This is a very nasty surprise or me. I didn't find anything regarding adjusting cost depending on situation. Everywhere it said "Fixed fee" & similar.

Can anyone please tell me if he is entitled to change cost agreement like this?
Thanks for your time.
I would've thought it largely depends on the contract you signed.......
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Old Dec 13th 2010, 12:41 pm
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Default Re: my agent upped his fee!

Originally Posted by Pollyana
I would've thought it largely depends on the contract you signed.......
That's what I thought as well, & went through the agreement first thing after getting his mail. It says clearly at which stage I have to pay how much and for what purpose. It does not mention any time limit and there is nothing that I can find there suggesting fees can be adjusted.

He's suggesting to enter a revised cost agreement. May be I will not agree & terminate his services.

Anyone else had this kind of experience? How common is it for agents to increase their fees middle of the road?

Thanks.
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Old Dec 13th 2010, 2:07 pm
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Default Re: my agent upped his fee!

What are the extra fees for exactly? Had you not already lodged the WAss and converted to a 176.
If not then you can no longer switch from a 175 to a 176 so a new application will have to be made. But as all the hard work has been done once surely you can get the info back from the agent and do it yourself therefore only paying the DIAC fee.

Not clear exactly where you are up to with the application.
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Old Dec 13th 2010, 3:21 pm
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Default Re: my agent upped his fee!

Originally Posted by rammygirl
What are the extra fees for exactly? Had you not already lodged the WAss and converted to a 176.
If not then you can no longer switch from a 175 to a 176 so a new application will have to be made. But as all the hard work has been done once surely you can get the info back from the agent and do it yourself therefore only paying the DIAC fee.

Not clear exactly where you are up to with the application.
My app is already 176. That's what I'm cross about.

The total professional fee was $4000 in 3 stages in the cost agreement. I've already paid $3000 in first two stages plus TRA assessment and DIAC fees. I was supposed to pay the last installment after visa has been granted. This stage 3 fee of $1000 was for "attending to DIAC requests and preparing further submissions if required".

Now my my agent says that this remaining $1000 has now become $5000: $2500"to liaise with DIAC and to prepare updated DIAC forms including medical/character forms when requested by DIAC" plus $2500 "payable immediately DIAC grants your 176 visa."

Thanks.
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Old Dec 13th 2010, 3:31 pm
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Default Re: my agent upped his fee!

All you can do is ask them exactly what the extra $4000 is for. It seems an awful lot extra to me. Ask them to send you a full breakdown of the costs.

Does some of it relate to visa lodgement fees?
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Old Dec 13th 2010, 4:49 pm
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Default Re: my agent upped his fee!

It seems the agent is trying to leech off from you. I would terminate his services if I were you.

that's awful lot of increment.
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Old Dec 13th 2010, 8:08 pm
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Default Re: my agent upped his fee!

You have a contract with this agent and they should honor it, if your contract does not mention any fees increase then stick to it and tell him you wont pay any extra as you have both agreed to contract.
You have the choice to handle things yourself since the application was lodged successfully and that is the hardest thing in this process.
Worst case I am sure you can handle the application alone if you know how to use an email.
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Old Dec 13th 2010, 9:38 pm
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Default Re: my agent upped his fee!

Well you always have the option of reporting him to the MARA (Migration Agents Registration Authority)
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Old Dec 17th 2010, 2:40 am
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Default Re: my agent upped his fee!

My agent finally sent me the revised cost agreement yesterday.

Basically he's proposing to end existing agreement and enter this new one. As he had said in his mails, this new agreement says that I have to pay $5000 for works from now on until grant of visa, this was $1000 in our existing agreement. Also, existing costs agreement is based on fixed fee but his proposed agreement is based on hourly rates.

I requested an explanation why the fees has increased so much, whether there are new or changed forms and procedures not anticipated during signing of existing agreement. His reply was a copy-paste from general guidelines of the Law Society of NSW followed by "take it or leave it". He just refused to address any of my concerns, just saying it's "uneconimical" to continue to work on my case.

I am very cross and have informed the agent today that I have decided to end his services.

Thanks.
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Old Dec 17th 2010, 5:37 am
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Default Re: my agent upped his fee!

Originally Posted by emonje
My agent finally sent me the revised cost agreement yesterday.

Basically he's proposing to end existing agreement and enter this new one. As he had said in his mails, this new agreement says that I have to pay $5000 for works from now on until grant of visa, this was $1000 in our existing agreement. Also, existing costs agreement is based on fixed fee but his proposed agreement is based on hourly rates.

I requested an explanation why the fees has increased so much, whether there are new or changed forms and procedures not anticipated during signing of existing agreement. His reply was a copy-paste from general guidelines of the Law Society of NSW followed by "take it or leave it". He just refused to address any of my concerns, just saying it's "uneconimical" to continue to work on my case.

I am very cross and have informed the agent today that I have decided to end his services.

Thanks.

In general, for straight forward cases, use of an agent is never needed.

If you need to remove your agent, have a look at these forms on this page. I think you need to look at 956 or 956A
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Old Dec 17th 2010, 5:55 am
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Default Re: my agent upped his fee!

Report him to MARA anyway and they will investigate him, if he is doing it to you he is certainly trying it on with others.
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Old Dec 17th 2010, 2:50 pm
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Default Re: my agent upped his fee!

My agent says he has informed DIAC that he is no longer representing me and they should communicate directly with me. I asked him about forms 956 and 1193, as far I could gather these are needed to be sent to DIAC with my signatures as client. In response he just said he will no longer communicate with me.

Could he have told DIAC about ending of his service without my signatures or those forms?

Thanks.
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Old Dec 17th 2010, 6:04 pm
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Default Re: my agent upped his fee!

I would contact DIAC yourself and tell them and do it quick.

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Old Dec 18th 2010, 5:34 am
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Default Re: my agent upped his fee!

Wow, I knew there were bad agents out there, but that is shocking.
I would definatly report him to MARA, he sounds like a total con artist.
At least if you have cancelled his services you won't have to pay the extra $1000 for not much by the sounds of it.
I would also fill in the forms though, and not trust a word he says about him having done it.

Good luck
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