kapild

Hi Friends,

I need a little guidance here.

I engaged an Migration Agent for Immigration to Australia. So far I am NOT happy at all with his working. He is Not very responsive and DOES NOT guide much.

He says He can try to get me a waiver for IELTS and does I dont need to take IELTS ( at this time).... I am not a Native English Speaker. I think this is wrong advice.

Also he did not advise me when to file application with DIMIA. He say it does not matter if we apply before or after July 1st but as I understand the Fee may change as well as the Form 47 may also change.

I really dont want to work anymore with this agent. I asked him whats the process and he kind of threaten me that I MUST pay the FULL Service Fee. ( He charges fees in 4 installments based on different stages of application process). I have paid the first Installmenta nd ready to pay the second for the ACS assesment.

He says If I dont pay the Full fee, he will charge me full fee as ACS is the Most critical part of application. And If I dont pay him full then He will make a Formal complaint against me to the MARA.

I am really very upset with this attitude ... Can you please suggest what should I do. Should I still work with him and send him my application. Or Can I terminate the contract after paying the second installment only.

How do I get my ACS Assesment document from him? Or Can I get it from ACS again?

What will the MARA do if he complains against me? ( Even though I think its unfair because, he is the one NOT doing his Job properly). Most of the Time I have to find out most of the details on my own.

Please advise before I take a decision. Any help will be appreciated.

Thanks

paul_d

kapild,

I think it is you that should be talking to MARA.
Is this guy even registered with them? Have a look at www.themara.com.au to see if he is on their list.
Don't be bullied into paying up the full fee. You need to consider what you have agreed to in writing, you will probably find that the contract only protects the agent against having to repay monies, not in ensuring that you pay the full fee.
You also need to consider whether you want to engage another agent or try to pursue the application on your own.
I managed to extricate myself from a dodgy agent after only paying the first instalment, and then managed to do the ACS RPL on my own, followed by a 136 application. Unless you are sure of what you are doing, you should consider switching to a reputable MARA-registered agent. There are some agents that actually know what they are talking about. Have a search through this forum to find them, they are quite easy to spot.

Good luck.
Paul.

joho

Have you already applied to the ACS, if this is the case I would suggest you contact them to say you have terminated your contract with agent and for the results to go directly to yourself. Did you take copies of what you gave the agent. I think you need to contact mara yourself. I hate agents like this. What documents has he got of yours. If its tertiary qualifications such as MCSE, It maybe enough for you to send your microsoft transcript which MCSE's (and other, eg MCP etc) have access to and your result for application. Other stuff such as references, birth certificates should be replaceable, inconvienient I know but the most important thing at the moment is to make sure your acs result comes directly to you. Also check the small print on the contract.

Jo

JAJ

1. An agent cannot complain about a client to MARA, to the best of my knowledge.
2. You can fire your agent anytime. What you will have to pay depends on what the contract says. The agent's only recourse is to sue you.
3. Unless the agent is also a practising solicitor, he cannot hold on to your documents as a lien against unpaid fees.

Jeremy

wargod

To add to the above - i would think it fair that the agent has a right to be paid for what work he has done already. If you do not think that 'they' are worth the amount charged then that is something for the courts.

shanna

Are there any guidelines about what can we expect from an agent for a range of fees?
Or a guideline from MARA about price ranges?

Something like :

interviewing the applicant for one hour: between $100 - $500
preparing ACS application: between $300 - $1500.

Then it is easy to just pay what he has done. Or is the contract including these kind of details.

kapild

Thanks Guys,

I am going ahead with terminating the contract. I dont want to work with someone who does not make me comfortable and satisfy.

We are customers and the agents need to treat us accordingly. They need to work to get the hefty fee.

But thanks again for the support and morale boosting....

Regards
Kapild

bloofox

Some Agent !
From reading your post I'd say there are a couple of things to concider, first-up is te IELTS test ? If this is a test of your command of the English langauage I think your through it already, why worry about it ? You're not even close to being bad at Engilsh Language and, although I'm no expert on the test, if the typed example above is indicative of your second language I'd say any agent could get you a waiver anyway.....

As for the Agents contract, do you have a copy ? Did you sign anything to say that in the event of a cancellation of the application you'd forfeit the total process charges ? I doubt if you did.....

I think you should inform DIMIA of your situation, but you'd need to be able to show them what it is exactly that you don't feel confident about with this agent..his suggestions on how to possibly avoid processes that form part of the application, verbal abuse and threats of influencing MARA against you should sound good enough, but you'll need e-mail and written proof of some of it at least.Then I think you should take legal advice on the contract before firing this agent and concidering doing the application yourself....

PINOYAU

You can download a copy of the Migration Agents Code of Conduct from www.themara.com.au

Get it and read it.

Then read your costs agreement and the statement of services provided by your Registered Migration Agent.

If you did not receive a Statement of Services from your agent before work was commenced then you can get your money back, no matter what work the agent has done.

Ask your agent statement of an account.

In the first instance it is better to try to resole your differences with your agent by negotiation. If this fails and you believe that you have grounds to complain to MARA, then complain.

If you decide to terminate your agreement with your agent do so by registered mail.

In practical terms it will probably be more productive to replace documents your agent is holding rather than wait for them to be returned if there is a dispute; you should have kept certified copies of all documents anyway.

If you hold a degree for which the language of instruction was English, then you probably will not be required to sit IELTS. It is a sound idea to at least prepare for IELTS, and preferably sit it if you are not a native English speaker. As a matter of good practice we always send our clients IELTS practice material and the previous advice.

If you had a costs agreement similar to the following pro forma you wouldn’t have a problem. The formatted version is more elegant, and more detailed. If want to see it I will email it to you.


Costs Agreement
Between,
Pinoy Australia Proprietary Limited
8 Nariel Street St Marys Hills, NSW 2760 Australia
ABN 35 102 295 616

and,

client


1. We agree to perform the services described in the Summary of Services on the terms specified in this Costs Agreement and the Summary of Services. At our discretion, we will not act until the required payments listed in the Payment Schedule are cleared to our Clients’ Account, or paid by cash. Money you pay us will be held in our Clients’ Account with Westpac Bank St. Marys, Australia.

2. The account name is Pinoy Australia Pty Ltd Clients’ Account, Bank Branch Number 032273 Account Number 190408,

3. We pay all bank account-keeping fees and other bank charges from our Operating Account. This means that no matter how long your money remains in our Clients’ Account it will not be reduced by bank charges. If our bank pays any interest on money held in our Clients’ Account this interest will not be credited to you. By signing this agreement you agree to this arrangement.

4. If you have instructed us to make disbursements, such as pay an application fee, and given us the funds to do so, we will make these disbursements as required. All Statements of Account will be issued to you. Our professional fee for providing the contracted services will not exceed the maximum amount stated in this Costs Agreement.

5. An estimate of your total costs is given in the Summary of Services. From time to time charges made by other parties such as visa application charges change. We will notify you if any such changes affect you.

6. If you withdraw your instructions we will charge you at the rate of $XXX per hour, plus GST if applicable, for the hours of work we have done up to the time we receive notification that your instructions are withdrawn.

7. If we have not received supporting documents or application forms that have been requested by us or another party we will use our professional judgment and continue in your best interests, provided we have the core documents required for valid applications to be lodged. If DIMIA (Australian immigration) request further documents they will specify a date by which these documents must be submitted. If any authority requests further documents we will follow your instructions about seeking an extension of time. In any case if we do not receive a satisfactory response within six months of a request for further instructions or documents, at our absolute discretion, we will mark your file inactive, bill you for our professional fees and disbursements to date and send you a Statement. This costs agreement will then cease to have effect.

8. Unless you instruct us otherwise, we will not accept instructions from a third party, we will not release any information about your case to a third party or discuss your case with a third party, except as required to perform the agreed services; for example we must send information to DIMIA to support a visa application.

9. Upon your request, we will promptly return all documents that are your property to you at no charge, except for postage or courier fess, if applicable. Upon your request, we will provide you with a copy of all other documents relating to your case that we hold at no cost, except for postage or courier fees, if applicable. If you ask for a second copy there will be a charge. We are required by migration law to keep migration files for seven years and by taxation law to keep financial records for five years. After the statutory periods have expired we archive all records and do not destroy them unless instructed otherwise by you

10. We will keep your case files locked in a secure place when the files are not being used and all electronic files about your case will be backed up periodically on our IT system to avoid data loss.

11. We will promptly inform you about significant developments in your case. If your case is not progressing in a timely and satisfactory way we will let you know why this is so and what we are doing about it.

12. If a conflict of interests arises, or seems likely to, and we cannot resolve this issue with you, we will stop acting for you and send you a Statement of Reasons and an Account Statement.

13. If we form the opinion at any stage that your application has no reasonable prospects of success, we will stop acting for you and advise you why we formed this opinion and send you an Account Statement. This is unlikely to happen unless there are changes to the migration legislation or changes to your circumstances or your sponsor’s circumstances that affect your case.

14. If you have a complaint about our conduct or our service, we will try to resolve it with you. If you choose to complain directly to MARA (Migration Agents Registration Authority) we will provide you with a copy of the MARA complaints form, if you ask

15. We do not represent clients unless we are confident that we can successfully finalise their case. If for any reason we cannot act further for you, we will notify the relevant authorities that we no longer act for you and we will send you:

a) An Account Statement
b) A refund of the balance of the funds we are holding for you in our Clients’ Account
c) A statement of our reasons for not acting further.
d) Your complete file, and details of what remains to be done to finalise your case
e) Details of how to contact another Registered Migration Agent or other authorities to assist you. Depending on the particulars of your case, and the stage it has reached, you might decide to continue without seeking further professional advice or assistance. This decision would be entirely up to you.


Costs Agreement Summary of Services

We will charge you a professional fee at the rate of XXXX per hour but not more than a maximum amount XXXX to perform the services listed in this table. If you instruct us to perform services that are not listed in this table, such as lodge an appeal if you receive an adverse decision, there will be further costs.

WHAT WE MUST DO
Act in accordance with the Migration Agents Code of Conduct. Provide you with a copy of Advice on the Regulation of the Migration Agents Profession. Provide you with a copy of the Migration Agents Code of Conduct if you ask for one, for which we will charge you $10 plus postage or courier fees, if applicable. The Code obliges all Registered Migration Agents, among other things, to act in your best legitimate interests, with honesty, fairness and integrity, ensure that their advice is timely and accurate, do nothing to increase your costs unnecessarily, keep accurate and complete records of your case, maintain an appropriate level of Professional Indemnity Insurance to protect your interests.We will do everything reasonably necessary to perform the services listed in this agreement where the services are not listed in full detail.

DETAILED LIST OF SERVICES TO BE PROVIDED ...

[We will bill you for our full professional fee of XXXX after we have completed this service no matter how may hours of work we have completed]

WHAT YOU MUST DO
Let us know about any changes to your circumstances that might affect your application, for example, a change of civil status, or a change of employment. You must let us know promptly if you change your address or other contact details, we MUST let DIMIA know if you change your residential address for fourteen consecutive days or more during the processing of a visa application. Provide us, in a timely manner, with documents and information that we need to act for you. Ensure that the information you give us is true and accurate. If you discover that information that you gave us was wrong let us know at once so we can make the necessary corrections immediately. If DIMIA discover that you, or anyone else, provided information that was false or misleading in a material particular they can cancel your visa, even if you did not know the information was false or misleading. Sign this costs agreement and return one copy to us.

DETAILED LIST OF REQUIREMENTS ...

Estimate of Costs

OUR DISBURSEMENTS ITEM AMOUNT

OUR PROFESSIONAL FEE

We have a Private Ruling from the Australian Taxation Office under which payments made directly by our overseas clients are exempt from GST (Goods and Services Tax). We must add 10% GST to any part of our professional fees paid in Australia on behalf of clients.

YOUR DISBURSEMENTS ITEM AMOUNT

Total Budget

Payment Schedule
All amounts are in Australian dollars
Deposit:
Final Payment:
Cost you must paydirectly, not to us ....

Based on current processing times, you can expect your case to be finalised in about MMM months from the date of XXXX application.

Pinoy Australia Proprietary Limited
Terms of Service

16. All documents provided to a client or prospective client by Pinoy Australia Proprietary Limited are copyright.

17. Supplying a third party with copies of documents provided to a client or prospective client by Pinoy Australia Proprietary Limited without the permission Pinoy Australia Proprietary Limited is a breach of copyright.

18. If a third party relies on information provided to a client or prospective client by Pinoy Australia Proprietary Limited, they do so entirely at their own risk. Pinoy Australia Proprietary Limited will accept no responsibility and will accept no liability whatsoever for any adverse consequences that follow.

19. Pinoy Australia Proprietary will rely on information and documents provided by clients or prospective clients when advising them about migration or other matters.

20. If any of the information provided by a client or prospective client is false or misleading in a material particular, or if any documents submitted to Pinoy Australia Proprietary Limited are not genuine, Pinoy Australia Proprietary will take no responsibility whatsoever for professional advice given, or any applications lodged the outcome of which are adversely affected for either or both of these reasons.

21. Only a Registered Migration Agent will give migration or visa advice provided by Pinoy Australia Proprietary Limited and all such advice will be reduced to writing and a copy of the written advice will be provided to the client or prospective client.

22. Clients who have retained the services of Pinoy Australia Proprietary Limited will be advised if changes to migration are likely to affect their case.

23. At the sole discretion of Pinoy Australia Proprietary Limited prospective clients who have sought an assessment about their visa prospects or other advice may be notified about changes to migration or other laws that might affect their case.

24. If a representative of Pinoy Australia Proprietary Limited offers an opinion about other matters, such as travel arrangements, employment, medical issues or legal matters, other than migration or citizenship law, it is the responsibility of the client or prospective to seek an appropriate professional opinion. Pinoy Australia Proprietary Limited will take no responsibility and accept no liability whatsoever if clients or prospective clients fail to obtain appropriate professional advice.

25. We do not need your signed acceptance of this costs agreement to proceed further with your case, but we do need your instructions that you have received it and accept it. In due course we need a signed copy for our records. This costs agreement will lapse and will have no effect if you do not accept it within thirty days of the date upon which we provide you with a copy of it. If you have indicated that you will accept the is costs agreement, but you have not paid the deposit Pinoy Australia Proprietary Limited will allow a further thirty days for the deposit to be paid. If the deposit is not paid within the sixty-day period the offers made in this costs agreement will lapse and will have no effect. If there is a minor discrepancy in the deposit paid, due to currency exchange fluctuations or similar reasons Pinoy Australia Proprietary Limited will confirm your acceptance and proceed with your case, in which case the amount due will be payable by arrangement.

TERMINATION OF CONTRACT

26. You may terminate this costs Agreement by giving Pinoy Australia Proprietary Limited fourteen days written notice. Notwithstanding anything else in this Costs Agreement if you do this Pinoy Australia Proprietary Limited will bill you for a retainer of XXXX, or for the hours of work done up to the date your termination notice is received by Pinoy Australia Proprietary Limited, whichever is greater.

27. Pinoy Australia Proprietary Limited may terminate this costs agreement by giving you fourteen days written notice if you have not paid the amounts specified in the Payment Schedule within thirty days of Pinoy Australia Proprietary Limited advising you that a payment is due. We reconfirm our advice that amounts charged by third parties might change and the amounts specified in this costs agreement were our best estimate of the costs when this costs agreement was prepared.

28. This costs agreement forms the entire contract and any variation to it must be in writing.

By signing this Costs Agreement, I acknowledge that I understand and accept the terms of this Costs Agreement and that I have received a copy of this Costs Agreement and a four-page document entitled Information on the Regulation of the Migration Advice Profession and I accept the Terms of Service.

…………………� �€¦â€¦â€¦â€¦â€¦â€¦â€¦â €¦â€¦â€¦â€¦â€¦â€¦â€¦â� ��¦â€¦â€¦ Signed for Pinoy Australia Proprietary Limited by
Client
XXXX Russell …………………� �€¦â€¦â€¦â€¦â€¦â€¦â€¦â €¦â€¦â€¦â€¦â€¦â€¦â€¦â� ��¦â€¦â€¦


PINOY AUSTRALIA PROPRIETARY LIMITED
8 Nariel Street, St Marys NSW 2760Australia
ABN 35 102 295 616
mail PO Box 87, St Clair NSW 2759 Australia
telephone + 61 2 9833 4817
facsimile + 61 2 9833 9917
cellular + 61 427 334 817
email [email protected]
website www.pinoyau.com

OUR BANK ACCOUNT DETAILS
BANK WESTPAC
BRANCH ST MARYS
ADDRESS 109 QUEEN STREET
ST MARYS NSW 2760, AUSTRALIA
ACCOUNT NAME PINOY AUSTRALIA PTY LTD CLIENTS’ ACCOUNT
BSB 032-273 ACCOUNT NUMBER 19-0408

We prefer to have payments made by Direct Deposit to this account.

The SWIFT Code Westpac Bank is: WPACAU2S


If your financial institution will remit funds only to a named individual, then remit to:

BANK WESTPAC
BRANCH ST MARYS
ADDRESS 109 QUEEN STREET
ST MARYS NSW 2760, AUSTRALIA
ACCOUNT NAME WESTLY RUSSELL HOLDING ACCOUNT

BSB 732-273 ACCOUNT NUMBER 617-130


If you send us money via Western Union, please send it to:

WESTLY RUSSELL and let us know, the amount sent, the Western Union office from which the money was sent, the full name of the sender and the 10-digit Western Union Security Number.

You can send this information by SMS (Text) to + 61 427 9833 4817 or email to visa@ pinoyau.com


We accept payment by other methods by arrangement.

All money sent to us by any method will be promptly transferred to our Clients’ Account and a receipt will be issued.