Migration agents

[Ms Taurus]

Hi guys, can anyone share with me their experiences with migration agents? I am looking for one to handle my state nomination (190 visa) and do not know where to start.

Thanks a lot!!

[Adam Grey]

If you're just starting it's a good idea to get an eligibility assessment. A lot of agents will offer this service for free, just be wary that you may get some unscrupulous companies that over-state your chances or give guarantees of success to entice you to sign up. Though it's not illegal in the UK to provide Australian migration advice/services without registration, I would still recommend that you only use an agent registered with the office of the MARA.

 

for reviews and testimonials visit http://www.migrationagentreviews.com.

 

Ring around, get some advice and quotes, research the company, make an informed decision.....Best way to approach it.

[lightunderscore]

Hi guys, can anyone share with me their experiences with migration agents? I am looking for one to handle my state nomination (190 visa) and do not know where to start.

Thanks a lot!!

 

Depends where you are located! I'm from Canada but did my initial visa through a migration agent here in Sydney - but primarily trusted them because I had quite a few friends who also went through them.

 

For starters, make sure they are MARA registered: http://www.mara.gov.au

 

Then really it's time to see whether you 'gel' with your agent. You need to get along, so book a consult or send a few emails to see if you've found a migration agent you can trust.

 

Also, really important (:wink:) you need to ask how much they charge. Fees vary a bit, depends on how experienced that MA is I guess, but most MA's will give you an estimate/range upfront. Don't forget to add on Health Check Fees/Police Reports/DIBP Fees etc... Guess it goes without saying but pick a MA within your budget.

[Kermitfrog]

Go Matilda have been awesome, really helpful and quick to reply to all my questions! (And there have been many)

[Ms Taurus]

Depends where you are located! I'm from Canada but did my initial visa through a migration agent here in Sydney - but primarily trusted them because I had quite a few friends who also went through them.

 

For starters, make sure they are MARA registered: http://www.mara.gov.au

 

Then really it's time to see whether you 'gel' with your agent. You need to get along, so book a consult or send a few emails to see if you've found a migration agent you can trust.

 

Also, really important (:wink:) you need to ask how much they charge. Fees vary a bit, depends on how experienced that MA is I guess, but most MA's will give you an estimate/range upfront. Don't forget to add on Health Check Fees/Police Reports/DIBP Fees etc... Guess it goes without saying but pick a MA within your budget.

 

Hi lightunderscore, im currently in HK, considering an agent in Oz coz i believe they know the process best. do you mind telling me the name of your agent? you can PM me if you don't want to advertise it here.

 

thank you.,

[Ms Taurus]

Hi kermitfrog, Matilda, i saw their name on other forums too... what is the name of the agent you worked with? thanks!

[oldun]

I also used/am using GoMatilda and have found them excellent.

cheers

[lightunderscore]

Hi lightunderscore, im currently in HK, considering an agent in Oz coz i believe they know the process best. do you mind telling me the name of your agent? you can PM me if you don't want to advertise it here.

 

thank you.,

 

PM Sent!

[wrussell]

A few facts:

 

Before billing you, a registered migration agent MUST give you a service agreement (costs agreement) that sets out the services to be provided and the costs involved and the payment schedule.

 

From the Code of Conduct:

 

FEES AND CHARGES

5.1 There is no statutory scale of fees. However, a registered migration agent must

set and charge a fee that is reasonable in the circumstances of the case.

5.2 A registered migration agent must:

(a) before starting work for a client, give the client:

(i) an estimate of charges in the form of fees for each hour or each

service to be performed, and disbursements that the agent is likely to

incur as part of the services to be performed; and

(ii) an estimate of the time likely to be taken in performing the services;

and

(b) as soon as possible after receiving instructions, obtain written acceptance

by the client, if possible, of:

(i) the estimate of fees; and

(ii) the estimate of the time likely to be taken in performing the services;

and

© give the client written confirmation (an Agreement for Services and Fees ) of:

(i) the services to be performed; and

(ii) the fees for the services; and

(iii) the disbursements that the agent is likely to incur as part pf the

services; and

d) give the client written notice of any material change to the estimated cost of

providing a service, and the total likely cost because of the change, as soon

as the agent becomes aware of the likelihood of a change occurring.

5.3 A registered migration agent:

(a) must not carry out work in a manner that unnecessarily increases the cost

to the client; and

(b) must, if outside expertise is to be engaged and the client agrees, fully inform

the client of the likely extra cost; and

© must, especially if a solicitor or barrister, warn clients of possible delays and

likely cost involved in pursuing a particular course of action before tribunals

and in the courts, for example:

(i) any need to engage and pay expert witnesses;

(ii) the need to meet legal costs if a case were lost;

(iii) the need to pay Departmental fees and charges;

(iv) the need to pay translation and interpreter fees and charges.

 

5.4 A registered migration agent must give clients written advice of the method of

payment of fees and charges, including Departmental fees and charges.

5.5 A registered migration agent must be aware of the effect of section 313 of the

Act, and act on the basis that:

(a) the agent is not entitled to be paid a fee or other reward for giving

immigration assistance to a client unless the agent gives the client a

statement of services that is consistent with the services, fees and

disbursements in the Agreement for Services and Fees mentioned in clause

5.2.

Note: The statement of services may be an itemised invoice or account. See

clause 7.2 and 7.4; and

(b) a statement of services must set out:

(i) particulars of each service performed; and

(ii) the charge made in respect of each such service; and

© a client is entitled by the Act to recover the amount of a payment as a debt

due to him or her if he or she:

(i) made the payment to the agent for giving immigration assistance; and

(ii) did not receive a statement of services before making the payment;

and

(iii) does not receive a statement of services within 28 days after a final

decision is made about the visa application, cancellation review

application, nomination or sponsorship to which the immigration

assistance related.

[Ms Taurus]

thanks wrussell. that's very helpful

[wrussell]

You will see from the above that even if services are satisfactorily completed (for example - visa application/s successful) clients are entitled to a refund of fees if a statement of services was not issued.

 

In the usual course of events a registered migration is not to lodge an application that does not have reasonable prospects of success. Ascertaining prospects of success can involve may hours of work, even in seemingly 'straightforward' cases.

[Ms Taurus]

with that said, does that mean if MA decided to go ahead with your application, that kind of represents a good chance of getting the visa, sort of?

[wrussell]

One of the advantages of engaging a registered migration agent is that fact that they must carry adequate professional indemnity insurance. This covers clients for such things a professional negligence - bad advice, failing to lodge in time, losing files, fraudulent conduct by employees. I do not know whether any registered migration agent has made an insurance claim.

 

There are some organisations (ably abetted by the minister) that retain the services of a registered migration agent, leading clients to believe that a registered migration agent is managing their matter. When the proverbial hits the fan, clients discover that they have lost their money with very little hope of redress.

[wrussell]

with that said, does that mean if MA decided to go ahead with your application, that kind of represents a good chance of getting the visa, sort of?

 

Under the Code a registered migration agent must not hold out that a particular outcome will be obtained.

 

Some extracts from the Code:

 

 

2.6 To the extent that a registered migration agent must take account of objective criteria to make an application under the Migration Act or Migration Regulations, he or she must be frank and candid about the prospects of success when assessing a client’s request for assistance in preparing a case or making an application under the Migration Act or Migration Regulations.

2.7 A registered migration agent who is asked by a client to give his or her opinion about the probability of a successful outcome for the client’s application:

(a) must give the advice, in writing, within a reasonable time; and

(b) may also give the advice orally to the extent that the oral advice is the same as the written advice; and

© must not hold out unsubstantiated or unjustified prospects of success when advising clients (orally or in writing) on applications under the Migration Act or Migration Regulations.

 

2.9A In communicating with, or otherwise providing information to, the Authority, a registered migration agent must not mislead or deceive the Authority, whether directly or by withholding relevant information.

2.10 A registered migration agent must not engage in false or misleading advertising, including advertising in relation to:

(a) the agent’s registration as a registered migration agent; or

(b) the implications of Government policy for the successful outcome of an application under the Migration Act or Migration Regulations; or

© guaranteeing the success of an application.

Edited June 5, 2014 by wrussell

[Adam Grey]

Under the Code a registered migration agent must not hold out that a particular outcome will be obtained.

 

Some extracts from the Code:

 

 

2.6 To the extent that a registered migration agent must take account of objective criteria to make an application under the Migration Act or Migration Regulations, he or she must be frank and candid about the prospects of success when assessing a client’s request for assistance in preparing a case or making an application under the Migration Act or Migration Regulations.

2.7 A registered migration agent who is asked by a client to give his or her opinion about the probability of a successful outcome for the client’s application:

(a) must give the advice, in writing, within a reasonable time; and

(b) may also give the advice orally to the extent that the oral advice is the same as the written advice; and

© must not hold out unsubstantiated or unjustified prospects of success when advising clients (orally or in writing) on applications under the Migration Act or Migration Regulations.

 

2.9A In communicating with, or otherwise providing information to, the Authority, a registered migration agent must not mislead or deceive the Authority, whether directly or by withholding relevant information.

2.10 A registered migration agent must not engage in false or misleading advertising, including advertising in relation to:

(a) the agent’s registration as a registered migration agent; or

(b) the implications of Government policy for the successful outcome of an application under the Migration Act or Migration Regulations; or

© guaranteeing the success of an application.

 

Going off topic a bit, but this is one of the most abused sections of the code. For example a lot of RMAs are quite happy to take clients on for a visa such as the 190 knowing full well-or being ignorant of the fact that-the state sponsorship will be extremely limited or require extra criteria such as a job offer.

 

It's difficult from a business perspective when a prospective client is told that there's little chance of success as things currently stand and they say "but so and so told me I'm eligible so I'll go with them".....1 year down the line they will still be waiting for that occupation list change, job offer etc. The system always changes and there are often genuine times when an eligible applicant becomes ineligible through no fault of their own or the agents and the constant changes make it very difficult to assess if the agent is breaching the code at the time of engagement.

 

I always laugh that a large amount of the people that enquiry with us reckon they've already had an assessment already and received 75+ points, so they just want a quote for services. We obviously insist on an assessment first and that 20 points given for IELTS 8 or 15 points they were given for work experience (without looking at the relevance, qualification attainment date or assessing authority criteria) suddenly isn't so guaranteed. We'll give them an honest assessment and point out the many variables that could affect their eligibility and the risk factors, what happens?.....They go to the people who made it sound easier and gave them higher points!

 

Sometimes you can lead a horse to water.......

[Ms Taurus]

But it's rather annoying, if you don't get the visa, you are unlikely to land a job... But to DIBP, if you don't show your employment letter, they don't give you your visa... It's such chicken and egg...

[Adam Grey]

Yeah it's a Catch-22 situation, but what can you do. The CSOL is such an extensive list of occupations, but they don't want every Apiarist, Wool classer or Sailmaker being able to get in the country independently. Instead the list is there so if an employer or state really needs that particular skill bad enough they have the ability to be able to bring that someone into the country.

 

I was at the London Embassy once for an information seminar and a DIBP dept head said something along the lines of "I don't care about your client's dreams or whether they have wanted to live in Australia for ages. I don't care if the system isn't fair, it's not designed to be fair. All I care about is bringing in the people Australia wants. It's about what we want, it's not about what your clients want".

 

I honestly wonder sometimes if they want anyone, some cases can feel like a battle from start to finish! :biglaugh: