Wrong advise from agent urgent help required

[tracybayliss]

Hi im desperate for help hopefully from anyone with experience. My daughters boyfriend has already had one bad expetience with an agent. However over the last 10 weeks he has employed an agent to assist help him with an application for a sponsered visa.  His current working visa expires 22.4.19. The process has indeed been stressful.  The agent initially sold him the story they only take on clients they know they have a 98 per cent chance of getting a visa. So each week of emails and phone calls thete always seemed to be a piece of the jig saw missing. Now today with only 4 weeks left on his visa. He is told he should not have been working for his employer for more than 6 months. Now please people surely any agent who deals in this field every day would know this. Also would know this is a breach of his current visa too. But having being part of this journey knowing this a couple of months ago he was told he didnt need to finish work as there where ways round it.

Can i please ask have they failed in their duty of care to provide the right information and advice and in thus doing so t his could now lead to his visa being rejected. This is what they are paid to do are they not. Im fuming that theyve waited almost till his visa dead line to highlight a mistake. How could this be rectified?  They taken thousands of dollars off him. Surely this isnt right.

Any advice please on how we could proceed. Changing agents not good advice need advice on where he stands with being given wrong advice which now potentially buts him in breach of working holiday visa.

 

Tracy

[Nemesis]

1 hour ago, tracybayliss said:

Hi im desperate for help hopefully from anyone with experience. My daughters boyfriend has already had one bad expetience with an agent. However over the last 10 weeks he has employed an agent to assist help him with an application for a sponsered visa.  His current working visa expires 22.4.19. The process has indeed been stressful.  The agent initially sold him the story they only take on clients they know they have a 98 per cent chance of getting a visa. So each week of emails and phone calls thete always seemed to be a piece of the jig saw missing. Now today with only 4 weeks left on his visa. He is told he should not have been working for his employer for more than 6 months. Now please people surely any agent who deals in this field every day would know this. Also would know this is a breach of his current visa too. But having being part of this journey knowing this a couple of months ago he was told he didnt need to finish work as there where ways round it.

Can i please ask have they failed in their duty of care to provide the right information and advice and in thus doing so t his could now lead to his visa being rejected. This is what they are paid to do are they not. Im fuming that theyve waited almost till his visa dead line to highlight a mistake. How could this be rectified?  They taken thousands of dollars off him. Surely this isnt right.

Any advice please on how we could proceed. Changing agents not good advice need advice on where he stands with being given wrong advice which now potentially buts him in breach of working holiday visa.

 

Tracy

Its not potentially breaching his WHV if he has already done over 6 months with one employer. There is almost certainly no "potential" about it and it may well impact on any future application. 

Is the agent registered with MARA?

[VERYSTORMY]

First, good agents do not find you jobs. I strongly suspect the agents used are not MARA registered.

He has a lot of issues and escaping a 3 year ban on visas is going to be hard. 

I know you say changing agents isn't what is wanted but that is imperative. He needs very good expert advice if he wants any chance of even being a visitor. (Breaching his current visa is likely to lead to a 3 year ban.  The agents that advise on the forum regularly are all good. Look up wrussel or Go Matilda 

[tracybayliss]

 

Sorry dont understand what you mean by agents dont find you jobs. I havent implied that they do.  Hes been offered sponsership by his current employer who is willing to employe him full time for 3-4 years.  His agent told him to continue working for this employer during the visa application which took him over the 6 month period has he was told it was ok.  His whole future now gets destroyed on ill advice and fraud. That cant be right. Anyone used immigration lawyer or had experience similar. Im desperate to try and help him

[path2aus]

1 hour ago, tracybayliss said:

 

Sorry dont understand what you mean by agents dont find you jobs. I havent implied that they do.  Hes been offered sponsership by his current employer who is willing to employe him full time for 3-4 years.  His agent told him to continue working for this employer during the visa application which took him over the 6 month period has he was told it was ok.  His whole future now gets destroyed on ill advice and fraud. That cant be right. Anyone used immigration lawyer or had experience similar. Im desperate to try and help him

Really sorry to hear about your experience. I echo Verystormy's advice, please get in touch with Go Matilda (Alan Collett) or WRussell or Raul Senise or any of the other agents who post regularly here. It is imperative to make sure the agent you are using is MARA registered. I think at this point a corrective measure if any is needed to limit any damage. A good advice from one of the above mentioned agents will help in that. I haven't had any bad experience with agents as both the times I was involved with one, I had fantastic advice and support. 

[ali]

2 hours ago, tracybayliss said:

 

Sorry dont understand what you mean by agents dont find you jobs. I havent implied that they do.  Hes been offered sponsership by his current employer who is willing to employe him full time for 3-4 years.  His agent told him to continue working for this employer during the visa application which took him over the 6 month period has he was told it was ok.  His whole future now gets destroyed on ill advice and fraud. That cant be right. Anyone used immigration lawyer or had experience similar. Im desperate to try and help him

If the company are sponsoring him, is the agent one that they have employed?  I agree that he needs to look at another agent who can assist trying to rescue the situation.  Surely the employer would have known if they have sponsored before?  I'm assuming they have (and meet the necessary criteria) and they should have known this information also. I don't know much about employee sponsored visa's, but don't the company have to put in their nomination?  Has that been approved?  If the agent is MARA registered, you can complain,

[Marisawright]

8 hours ago, tracybayliss said:

 over the last 10 weeks he has employed an agent to assist help him with an application for a sponsered visa.  His current working visa expires 22.4.19. The process has indeed been stressful. .... Now today with only 4 weeks left on his visa. He is told he should not have been working for his employer for more than 6 months. Now please people surely any agent who deals in this field every day would know this.

That's true, but your daughter's boyfriend should know that too.   I assume he's on a Working Holiday Visa?  The six month limit is clearly stated and most young people are very well aware of it when they get the visa. So it sounds like he's been a bit of an idiot himself. 

It's not necessarily a big deal, though.  It's only going to be a problem if Immigration finds out, and they probably won't.  He just needs to leave that employer immediately.

Is his current employer the one who's sponsoring him?   If they are serious, they won't mind that he has to leave work while he waits for his visa.  If they're not serious, then now's a good time to find out.

[tracybayliss]

Sorry but I take offense to him being called an idiot. Yes he did know that and like ive repeatedly said the AGENT said he could continue to work beyond the 6 months as there was a way to get around this.  He is a fantastic guy good at his job would not scam anyone is caring honest and wants to live here and is doing everything the agent as asked of him. he as no family support. this morning his work has made him unemployed but he can volunteer to work as he now has to pay his loan off for the visa.  his company are not familiar with the sponsorship process and are also being guided by the agents who I believe are called Australian Odyssey.

 

[rammygirl]

I think that once any bridging visa kicks in then the 6 months can be waived, but as his visa is still active it may be an issue. 

I agree seek some independent advice ASAP. The mistake may be able to be rectified. 

[Tulip1]

3 hours ago, tracybayliss said:

 

Sorry dont understand what you mean by agents dont find you jobs. I havent implied that they do.  Hes been offered sponsership by his current employer who is willing to employe him full time for 3-4 years.  His agent told him to continue working for this employer during the visa application which took him over the 6 month period has he was told it was ok.  His whole future now gets destroyed on ill advice and fraud. That cant be right. Anyone used immigration lawyer or had experience similar. Im desperate to try and help him

Does he have evidence the agent told him this, assume the agent put that in an email? Where did he find this ‘agent’

[Tulip1]

32 minutes ago, tracybayliss said:

Sorry but I take offense to him being called an idiot. Yes he did know that and like ive repeatedly said the AGENT said he could continue to work beyond the 6 months as there was a way to get around this.  He is a fantastic guy good at his job would not scam anyone is caring honest and wants to live here and is doing everything the agent as asked of him. he as no family support. this morning his work has made him unemployed but he can volunteer to work as he now has to pay his loan off for the visa.  his company are not familiar with the sponsorship process and are also being guided by the agents who I believe are called Australian Odyssey.

 

If the company are sponsoring him I believe they pay the visa cost not him. I may be wrong but I’m sure I’ve seen on here before the employee isn’t allowed to pay for anything to do with the sponsoring. He needs to check re volunteering as this may still be seen as working, I think it’s the working you can’t do whether paid or not.

Edited March 19, 2019 by Tulip1

[calNgary]

Good luck with everything and i agree on finding a different agent, the 2 mentioned above have helped lots of members over the years.

On the flip side ,a few years ago i did Relocations for new arrivals and came across 2 families who had worked longer than 6 mth on their WHV, both families used a good agent and both families were successful in their visa applications. I hope the same happens for you guys. Keep us updated and fingers crossed it all works out ok in the end.

 Cal x

[Tulip1]

9 hours ago, tracybayliss said:

Hi im desperate for help hopefully from anyone with experience. My daughters boyfriend has already had one bad expetience with an agent. However over the last 10 weeks he has employed an agent to assist help him with an application for a sponsered visa.  His current working visa expires 22.4.19. The process has indeed been stressful.  The agent initially sold him the story they only take on clients they know they have a 98 per cent chance of getting a visa. So each week of emails and phone calls thete always seemed to be a piece of the jig saw missing. Now today with only 4 weeks left on his visa. He is told he should not have been working for his employer for more than 6 months. Now please people surely any agent who deals in this field every day would know this. Also would know this is a breach of his current visa too. But having being part of this journey knowing this a couple of months ago he was told he didnt need to finish work as there where ways round it.

Can i please ask have they failed in their duty of care to provide the right information and advice and in thus doing so t his could now lead to his visa being rejected. This is what they are paid to do are they not. Im fuming that theyve waited almost till his visa dead line to highlight a mistake. How could this be rectified?  They taken thousands of dollars off him. Surely this isnt right.

Any advice please on how we could proceed. Changing agents not good advice need advice on where he stands with being given wrong advice which now potentially buts him in breach of working holiday visa.

 

Tracy

He’s given out thousands of pounds and has been told incorrect things. You say a change of agent is not a good idea. I’d say speaking to another agent is an excellent idea, he hardly wants to continue with the current one. Where did he find this agent? And what’s he actually paying for? My understanding is if he’s being sponsored then he doesn’t pay for it. Can you confirm he has evidence of what he’s been told. You mention weeks and weeks of emails so it sounds like he will have evidence to prove incorrect information. 

[Marisawright]

Sorry, you didn’t mention that the agent has told him it was ok to go on working.

As others have said, for an employer sponsored visa, it’s the employer who has to pay all the costs not him. He can be asked to pay for his own visa fees but that’s all. So there is definitely something not right with this picture. What’s his occupation?

[wrussell]

From what has bee posted, it is not possible to offer considered advice.

Here are some facts that might help:

If an employer sponsored visa was lodged before the 6 months was up, then the 6-month clock stopped.

If a person in Australia who was not a registered migration agent gave migration advice, this was a serious offence.

If the visa applicant paid for a nomination, or costs associated with a nomination, there was a serious offence on the part of the employer.

[wrussell]

been posted

[tracybayliss]

Thanks for your replys. Firstly he searched for the agent himself not supplied by the company. If he changes agents then would he have to pay for costs again as he now has no income. Im sorry but this is really difficult for us as we dont know the system or process. His company are making him pay for any costs. Yesterday he was technecially made unemployed and asked to work now voluntarily until he paid the money off they had up fronted. 

Im searching like crazy to even try and establish how much is this usually just so i can see hez not being lied too. As i will report this company myself if this all goes wrong for my daughters boyfriend.

Is the normal procedure for the agent to ask for the nomination fee from the employer?

 

So sorry please can someone help. If i ring a reputable agent will they answer some of these wuestions for me. 

His time is running out. 

[Marisawright]

31 minutes ago, tracybayliss said:

Thanks for your replys. Firstly he searched for the agent himself not supplied by the company. If he changes agents then would he have to pay for costs again as he now has no income. Im sorry but this is really difficult for us as we dont know the system or process. His company are making him pay for any costs. Yesterday he was technecially made unemployed and asked to work now voluntarily until he paid the money off they had up fronted. 

WRussell is a reputable agent. He has told you that it is illegal for the company to make him pay the costs.

Even if the visa is refused, the company has no right to ask him to pay their costs.

If there was a written agreement beforehand, then they can ask him to pay just for his own visa application (there are two aspects to the process, their bit and his bit) but that’s all. The agent would be able to tell him how much that is.

It isn’t legal for him to work voluntarily to pay that off, until he gets a visa

I think what has happened is that the company has no understanding of how the system works either. To sponsor an employee, they have to supply a lot of information about their operations and I suspect they’ve struggled to complete all the steps - that’s the “jigsaw” the agent referred to. So the agent may be doing the right thing but the company isn’t 

Edited March 20, 2019 by Marisawright

[Tulip1]

15 minutes ago, tracybayliss said:

Thanks for your replys. Firstly he searched for the agent himself not supplied by the company. If he changes agents then would he have to pay for costs again as he now has no income. Im sorry but this is really difficult for us as we dont know the system or process. His company are making him pay for any costs. Yesterday he was technecially made unemployed and asked to work now voluntarily until he paid the money off they had up fronted. 

Im searching like crazy to even try and establish how much is this usually just so i can see hez not being lied too. As i will report this company myself if this all goes wrong for my daughters boyfriend.

Is the normal procedure for the agent to ask for the nomination fee from the employer?

 

So sorry please can someone help. If i ring a reputable agent will they answer some of these wuestions for me. 

His time is running out. 

wrussell who posted above is a well known agent on here with a good reputation.  I think you need to speak to someone in the know as it’s probably the only way you will get the correct information.  

[path2aus]

28 minutes ago, tracybayliss said:

Thanks for your replys. Firstly he searched for the agent himself not supplied by the company. If he changes agents then would he have to pay for costs again as he now has no income. Im sorry but this is really difficult for us as we dont know the system or process. His company are making him pay for any costs. Yesterday he was technecially made unemployed and asked to work now voluntarily until he paid the money off they had up fronted. 

Im searching like crazy to even try and establish how much is this usually just so i can see hez not being lied too. As i will report this company myself if this all goes wrong for my daughters boyfriend.

Is the normal procedure for the agent to ask for the nomination fee from the employer?

 

So sorry please can someone help. If i ring a reputable agent will they answer some of these wuestions for me. 

His time is running out. 

It think just booking a consult and talking the case over with a reputable agent doesn't cost much. I got a consult with an agent when I had to do my daughter's Child Visa for under $200. Relying on advise on forum for such complicated scenario can ruin your chances of making the right decisions and thereby getting into more messy situation. It is better to talk to an agent at least for an initial consult in trying to understand what the options are. You might not want to use that agent but clearing all your doubts and making sure you are on right track is highly important. Specific scenarios will not have much help online as well.

[wrussell]

If a person undertakes voluntarily work in an occupation  that is usually remunerated and does not hold a visa that permits work s/he is breaching the conditions of whatever visa is in effect.

Edited March 20, 2019 by wrussell
added a bit

[tracybayliss]

Despite being told it's illegal for the company to ask to pay costs they have and that's it. The migrant agent basically has taken a large amount of money up front too, so if he approaches another agent then surely he will have to pay costs again is that not true. And how do people afford to do this and how can this b fair. Migration agents surely should know and be able to advise applicants correctly so how dose the government view this if they fail the applicant due to incorrect advice.

What concerns us is he only has four weeks on his working holiday visa left and now no paid job. If his nomination was lodged does that then mean he is on a bridging visa.

[path2aus]

15 minutes ago, tracybayliss said:

Despite being told it's illegal for the company to ask to pay costs they have and that's it. The migrant agent basically has taken a large amount of money up front too, so if he approaches another agent then surely he will have to pay costs again is that not true. And how do people afford to do this and how can this b fair. Migration agents surely should know and be able to advise applicants correctly so how dose the government view this if they fail the applicant due to incorrect advice.

What concerns us is he only has four weeks on his working holiday visa left and now no paid job. If his nomination was lodged does that then mean he is on a bridging visa.

No that is not true. People can just do an initial consult of your situation, only when you decide to use them is when you have to pay the entire cost. Most good agents, like Go Matilda who I used for my migration, take money based on the stage they are on. We never paid a huge upfront cost. We only paid what was needed for a particular stage we were in with our application. Most good agents will chat to you for an initial consult fee to go over the application and give you an advice without having to shell out thousands of dollars. Like I said, I got a consult for my daughters child visa for under $200 from a good agent and did not use them for the process at all and went by myself. The consult and the information was worth its weight in gold.

[paulhand]

36 minutes ago, tracybayliss said:

What concerns us is he only has four weeks on his working holiday visa left and now no paid job. If his nomination was lodged does that then mean he is on a bridging visa.

No - a bridging visa is granted when a visa application is validly lodged. It comes into effect when the current visa expires. 

Let me add my voice to the suggestion that he gets some professional advice sooner rather than later. If the agent was MARA registered you may have some remedy in the future, but that won’t solve the immediate visa issues. Ultimately, even with an agent employed, the content of a visa application and compliance with any conditions is the applicant’s responsibility. 

[MaggieMay24]

What WRussell said, is that if the employer has asked him to pay for the costs associated with the nomination, then this is a breach on the part of the employer.  The employer can ask the visa applicant to pay any costs related to the application itself.  An employer-sponsored visa has 2 steps, the nomination (which must be paid for by the employer) and the visa application (which possibly an employer may pay for but they can require the applicant pay for it).