Contradictory information from agent

[MacGyver]

Hi

If a contract is signed with a MARA registered agent and bad advice is given, what are the options?

My partner signed a contract with a MARA registered agent in relation to a visa application. Documentation was provided in full, reviewed by the agent and an EOI for an offshore 189 visa submitted based on their professional advice and guidance (this was early 2018). Specific and direct questions were asked via email regarding work experience and what could and could not be claimed for the purposes of the EOI/visa application.

An invitation to apply was received and we paid the second and final agent fee (having previously paid a large deposit) in preparation to submit the visa application from the UK. One day after making this payment our agent advised that some of the work experience claimed in the EOI was not valid (due to pre-dating the degree award) and would therefore lead to a refusal given we were effectively making an incorrect claim in the EOI.

To say we are frustrated and disappointed would be putting it mildly. I have no interest in throwing mud around or making a complaint for the sake of it as mistakes do happen. I am wondering however what our options might be (if any) and whether there is any provision in these circumstances to reclaim agent fees paid?

Any advice would be gratefully appreciated

Thanks

[ali]

Have you highlighted to the agent you feel that they have made an error and asked for recompense? I would do that first and then you would approach MARA

[MacGyver]

15 minutes ago, ali said:

Have you highlighted to the agent you feel that they have made an error and asked for recompense? I would do that first and then you would approach MARA

Thanks Ali

Is it normal procedure to request funds back in this sort of scenario or is it unusual?

Just trying to gauge whether we might have any success

Edited December 9, 2018 by MacGyver
Spelling

[Ferrets]

13 hours ago, MacGyver said:

Hi

If a contract is signed with a MARA registered agent and bad advice is given, what are the options?

My partner signed a contract with a MARA registered agent in relation to a visa application. Documentation was provided in full, reviewed by the agent and an EOI for an offshore 189 visa submitted based on their professional advice and guidance (this was early 2018). Specific and direct questions were asked via email regarding work experience and what could and could not be claimed for the purposes of the EOI/visa application.

An invitation to apply was received and we paid the second and final agent fee (having previously paid a large deposit) in preparation to submit the visa application from the UK. One day after making this payment our agent advised that some of the work experience claimed in the EOI was not valid (due to pre-dating the degree award) and would therefore lead to a refusal given we were effectively making an incorrect claim in the EOI.

To say we are frustrated and disappointed would be putting it mildly. I have no interest in throwing mud around or making a complaint for the sake of it as mistakes do happen. I am wondering however what our options might be (if any) and whether there is any provision in these circumstances to reclaim agent fees paid?

Any advice would be gratefully appreciated

Thanks

I'm curious, prior to EOI submission was there a positive skills assessment by relevant body?

My work experience was assessed prior to point of submission as a part of that (note not compulsory).  Which body had completed the skills assessment?

[Nemesis]

6 hours ago, Ferrets said:

I'm curious, prior to EOI submission was there a positive skills assessment by relevant body?

My work experience was assessed prior to point of submission as a part of that (note not compulsory).  Which body had completed the skills assessment?

Yes, bit concerning that there is no mention of a skills assessment, or how the assessing body viewed the work experience.

I hope MARA can elicit a refund for the poster, and a severe penalty for the agent.

Edited December 10, 2018 by Nemesis

[MacGyver]

9 hours ago, Ferrets said:

I'm curious, prior to EOI submission was there a positive skills assessment by relevant body?

My work experience was assessed prior to point of submission as a part of that (note not compulsory).  Which body had completed the skills assessment?

 

2 hours ago, Nemesis said:

Yes, bit concerning that there is no mention of a skills assessment, or how the assessing body viewed the work experience.

I hope MARA can elicit a refund for the poster, and a severe penalty for the agent.

My partner had a skills assessment/qualification assessed by the Australian Association of Social Workers. We were not advised to have them assess post qualifying work experience and indeed this has not come up in subsequent conversations.

We are particularly unhappy because we specifically and explicitly asked questions about what was and was not relevant work  experience for the EOI and asked the agent to calculate the points claimed in the EOI in order to prevent us making any mistakes in that regard.

I accept mistakes can happen but this is also a large sum of money for us. 

I should add that this agent is not one of the regular posters on here who are frequently recommended, although I would be very interested in their opinion on the matter

Edited December 10, 2018 by MacGyver

[wrussell]

How does one pre-date degree award?

Was there typographical error in the EoI?

 

[MacGyver]

2 minutes ago, wrussell said:

How does one pre-date degree award?

Was there typographical error in the EoI?

 

Thanks for replying

My partner completed a 4 years bachelor's degree in the US, followed by a 2 years qualifying master's degree in Australia.

When the agent prepared the EOI draft it included "relevant" work experience that occurred after the undergraduate but before completion of the master's degree. We felt this wasn't right and so queried it directly as we didn't want to make an error. We further clarified that it was the master's degree that qualified my partner to practice as a social worker and the undergraduate degree was insufficient in this regard.

We were again reassured that this work experience was relevant as it occurred after the undergraduate degree. Despite our uncertainty we felt a MARA registered agent was better placed to understand the complexities of the system and as such deferred to their judgement on the matter

I should note the above conversations are documented in email chains.

What action might be appropriate in these circumstances?

[wrussell]

You might:

1. Verify that the first degree was insufficient.

2. Check whether there is any way to increase the points score.

3. It is usually (but not necessarily) fatal to over claim points on an EoI. If an invitation would have been offered with a reduced points score, policy provides that a visa can still be granted.

4. The regulator, the OMARA, is essentially useless and can do nothing about recovering funds. Having them drag your agent over the coals is unlikely to help you  - see NEWS on my website pinoyau.com for further particulars.

5. All RMAs must hold professional indemnity insurance that you could expect to cover compensation for the sort of error you have indicated - Under  my policy, I have to pay the first $1000 of any claim. I have never claimed and I do not know of any RMA who has. 

6. You do not want to have to answer yes to the question - Have you ever had a visa refused?

7. If immi are going to refuse visas, you could expect a 'Natural Justice' letter giving you a chance to comment. I have had a number of clients who put themselves in this position. I advised them to withdraw their applications and reapply.

8. Your best strategy might be to try to come to an arrangement with your agent.

 

 

[MacGyver]

36 minutes ago, wrussell said:

You might:

1. Verify that the first degree was insufficient.

2. Check whether there is any way to increase the points score.

3. It is usually (but not necessarily) fatal to over claim points on an EoI. If an invitation would have been offered with a reduced points score, policy provides that a visa can still be granted.

4. The regulator, the OMARA, is essentially useless and can do nothing about recovering funds. Having them drag your agent over the coals is unlikely to help you  - see NEWS on my website pinoyau.com for further particulars.

5. All RMAs must hold professional indemnity insurance that you could expect to cover compensation for the sort of error you have indicated - Under  my policy, I have to pay the first $1000 of any claim. I have never claimed and I do not know of any RMA who has. 

6. You do not want to have to answer yes to the question - Have you ever had a visa refused?

7. If immi are going to refuse visas, you could expect a 'Natural Justice' letter giving you a chance to comment. I have had a number of clients who put themselves in this position. I advised them to withdraw their applications and reapply.

8. Your best strategy might be to try to come to an arrangement with your agent.

 

 

Thanks for the very detailed response.

Regarding number 6 - my partner previously had an onshore 189 application refused due to us submitting the incorrect skills assessment (which was a stupid mistake and the reason we went with an agent this time round).

The refusal had a section 48 bar which led to us leaving Australia to apply offshore while living in the UK. She adhered to all visa conditions at all times and the refusal was due to the skis assessment element only

Will this impact any future applications?

We were not advised to anticipate issues but we find ourselves second guessing everything as trust in the information provided by our agent is deeply affected at the moment

[wrussell]

Your circumstances are becoming more knotty with each post.

It might pay you to seek a second opinion about you possible options from one of the registered agents who posts on this forum.

BTW

If your agent has made a mistake and has not notified the professional indemnity insurer that a claim might be possible, the insurer might be able to invoke a clause in the indemnity insurance agreement to avoid liability.

[MacGyver]

14 minutes ago, wrussell said:

Your circumstances are becoming more knotty with each post.

It might pay you to seek a second opinion about you possible options from one of the registered agents who posts on this forum.

BTW

If your agent has made a mistake and has not notified the professional indemnity insurer that a claim might be possible, the insurer might be able to invoke a clause in the indemnity insurance agreement to avoid liability.

I have submitted an initial query via your website. Happy to discuss further privately as we need advice we can trust and happy to pay for such.

Many thanks

[wrussell]

Inquiry received and answered.

[MaggieMay24]

You'll be in good hands with Westly.  Good luck with your situation, hope you can salvage it without too much grief.