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Guest ian & jo

175 visa - don't fit criteria- totally gutted !!

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Guest ian & jo

Hi all,

 

Just hoping for some help or advice please, in August last year we approached a migration company about applying for a 175 visa. My OH 's a corgi reg. gas fitter / plumber & has been in the trade for over 4 years, they said yes no problem he IS eligable for a 175 sub class visa. Now 6 months later & no further forward they have turned round & said that he does not fit the criteria after taken payment of £1,100 pounds. They are saying now that we can only go for a 457 temp. visa. But with 2 children we were looking at the permenant visa for sercurity. Any advice on this would be really appreciated.

 

We are totally gutted & feel our dreams have been shattered.

 

Ian & JO X.

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Would be interesting to know which company was advising you - we had the same problem and have had to change route.....although so far so good with this.

 

We have applied by the 475 visa route which is a regional sponsorship route - visa valid for 3 years and have to live in a regional area for 2 years and work in a regional area for 1 year. After 2 years you can then apply for PR.

 

Possibly worth checking out?

 

Paul (39), Cheryl (35), James (18) & Francis (13)

Submitted to AIM by post - 19 Dec 08

AIM acknowledged receipt by email - 5 Jan 09

Further info requested by email - 21 Jan 09

Submitted further information via email - 23 Jan 09

AIM acknowledged receipt - 27 Jan 09

Email received from AIM with positive result – 9 Feb 09 (letter dated 4th)

Regional sponsorship form posted to Queensland Government – 9 Feb 09

Email from QG confirming receipt and aim to give result in 3 weeks – 18 Feb 09

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Guest jillandsi

Hi,

 

Are you able to say what reason the agent gave, my hubby is corgi etc also.

 

Jillian

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Guest Gollywobbler
Hi all,

 

Just hoping for some help or advice please, in August last year we approached a migration company about applying for a 175 visa. My OH 's a corgi reg. gas fitter / plumber & has been in the trade for over 4 years, they said yes no problem he IS eligable for a 175 sub class visa. Now 6 months later & no further forward they have turned round & said that he does not fit the criteria after taken payment of £1,100 pounds. They are saying now that we can only go for a 457 temp. visa. But with 2 children we were looking at the permenant visa for sercurity. Any advice on this would be really appreciated.

 

We are totally gutted & feel our dreams have been shattered.

 

Ian & JO X.

 

Hi Ian & Jo

 

I'm sorry to hear this news.

 

Are you using a MARA registered agent? If so, how does s/he justify taking six months and relieving you of £1,100 of your money only to conclude that you are "not eligible"? Under the Migration Agents' Code of Conduct a MARA registered agent is not permitted to accept instructions to interfere in your private affairs unless s/he is certain that s/he can deliver the result promised as far as prima facie eligibility is concerned.

 

Can you be more specific about what, exactly, has gone wrong please?

 

Best wishes

 

Gill

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Guest ian & jo

Hi Jillian,

 

They're saying he doesn't fit the tra criteria, he has had over 4 years work experience but apparently this isn't enough. Hope things are different for you. Jo x.

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Hi Ian and Jo

So sorry to hear what has happened to you, hope you manage to find a solution

Best of luck

Tania X


Is looking forward to the future and all what it holds:biggrin:

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Guest ian & jo

Hi Gill,

 

Yes the company we are using are MARA registered agents & when we first approached them they looked at all OH's qualifications & experience & told him he would definately qualify for a 175 / 176 visa. So we paid them the £1100 to get things moving, then after 6 months of nothing they decided to let us know my OH didn't know fit the criteria for a 175/176 visa & that they never told us that he did!!

 

Jo x.

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Guest chris_mac
Hi Gill,

 

Yes the company we are using are MARA registered agents & when we first approached them they looked at all OH's qualifications & experience & told him he would definately qualify for a 175 / 176 visa. So we paid them the £1100 to get things moving, then after 6 months of nothing they decided to let us know my OH didn't know fit the criteria for a 175/176 visa & that they never told us that he did!!

 

Jo x.

 

 

Hi Ian & Jo

 

Just come accross your post and im appalled at how this agent/company has dealt with you. Basically it stinks!

 

Im sure Gill will return with some excellent advice therefore, in the meantime please take a little time to go through the link. Companies/Agents are not allowed to do what they have done to you.

 

Making a Complaint about a Migration Agent – Migration Agents

 

Im sure there is a way forward with your OH trade so dont give up on this agents poor advice and behaviour..

 

I will have a look at the criteria for you OH occuaption and post something up later..

 

Best wishes

 

Chris

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Hi all,

 

Just hoping for some help or advice please, in August last year we approached a migration company about applying for a 175 visa. My OH 's a corgi reg. gas fitter / plumber & has been in the trade for over 4 years, they said yes no problem he IS eligable for a 175 sub class visa. Now 6 months later & no further forward they have turned round & said that he does not fit the criteria after taken payment of £1,100 pounds. They are saying now that we can only go for a 457 temp. visa. But with 2 children we were looking at the permenant visa for sercurity. Any advice on this would be really appreciated.

 

We are totally gutted & feel our dreams have been shattered.

 

Ian & JO X.

 

 

Under the migration agents code of conduct a registered migration agent MUST give you a statement of services before starting work.

 

If your agent advised that you were eligible to apply for a particular visa and accepted a deposit to represent you on this basis, this is what should have happened.

 

Sometimes fully assessing visa eligibility is a considerable task and sometimes changes to the regulations adversely affect a visa applicant's eligibility after initial advice has been given.

 

If your agent undertook tasks (such as a detailed assessment) that were not listed in a costs agreement and were not undertaken following your initial or further instructions then you might be able to obtain a refund of some amount.

 

You are entitled to know exactly what services your agent undertook on your behalf and if you believe that the charge for the work was excessive, there are remedies available.

 

I suggest that you contact your agent to find out exactly what work has been done and ask for a statement of account.

 

It is possible that your agent is holding an amount in trust for you and is awaiting your further instruction about whether to refund the balance or proceed with a different strategy.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest chris_mac
Hi Ian & Jo

 

Just come accross your post and im appalled at how this agent/company has dealt with you. Basically it stinks!

 

Im sure Gill will return with some excellent advice therefore, in the meantime please take a little time to go through the link. Companies/Agents are not allowed to do what they have done to you.

 

Making a Complaint about a Migration Agent – Migration Agents

 

Im sure there is a way forward with your OH trade so dont give up on this agents poor advice and behaviour..

 

I will have a look at the criteria for you OH occuaption and post something up later..

 

Best wishes

 

Chris

 

 

Hi Ian & Jo again

 

Looking at your occupation as Corgi Gas installer there is two different classes of this type of work. Please see links below paying attention to Job description and skill.

 

Plumber

 

Plumber - General 4431-11 - Australian Skills Recognition Information

 

Gas Fitter

 

Gasfitter 4431-13 - Australian Skills Recognition Information

 

You can get a better detailed occupation description if you put the job number/code either 4431-11 or 4311-13 into the search bar on the ABS link:

 

Australian Bureau of Statistics

 

Unfortunately, after providing the above info, further to researching the assessing authorities to help you further, it does seem that minimum requirement is six (6) years experience required before assessment is considered with both the TRA and Vetassess.

 

Vetassess

 

Qualification Assessment

 

TRA

 

workplace.gov.au - Trades Recognition Australia

 

Did your OH work in a similar line of work prior to becoming a gas fitter plumber?

 

 

Best wishes

 

Chris

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Guest chris_mac
Under the migration agents code of conduct a registered migration agent MUST give you a statement of services before starting work.

 

If your agent advised that you were eligible to apply for a particualr visa and accepted a deposit to represent you on this basis, this is what should have happened.

 

Sometimes fully assessing visa eligibility is a considerable task and sometimes changes to the regulations adversely affect a visa applicant's eligibility after initial advice has been given.

 

If your agent undertook tasks (such as a detailed assessment) that were not listed in a costs agreement and were not undertaken following your initial or further instructions then you might be able to obtain a refund of some amount.

 

You are entitled to know exactly what services your agent undertook on your behalf and if you believe that charge for the work was excessive, there are remedies available.

 

I suggest that you contact your agent to find out exactly what work has been done and ask for a statement of account.

 

It is possible that your agent is holding an amount in trust for you and is awaiting your further instruction about whether to refund the balance or proceed with a different strategy.

 

 

Hi Westley

 

I would have thought that any agents first question to any prospective client would be Occupation and Experience before asking any thing else!.

 

It beggars belief that any agent would not ask or research these two essential points before taking instruction/monies. I wouldnt have considerered this as being a considerable task.

 

 

Best wishes

 

Chris

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Guest Gollywobbler

Sometimes fully assessing visa eligibility is a considerable task and sometimes changes to the regulations adversely affect a visa applicant's eligibility after initial advice has been given.

 

 

 

Westly is right that the above can sometimes happen. However there have been no dramatic alterations to the eligibility criteria for the 175 visa since August 2008 as far as I can recall?

 

What is Ian's occupation, how old is he and what qualifications does he hold, please?

 

Best wishes

 

Gill

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Guest ian & jo

Hi Gill,

 

Ian i 43 ( which is way we wanted to get things moving before his time ran out ). He is a fully qualified gas fitter with corgi & previous to working as a gas engineer he was working as a plumber, so he's been in the gas fitting / plumbing trade for just over 6 years.

All this was discussed with the migration company from the outset & they told us there would be no problem obtaining a 175 / 176 visa otherwise we wouldn't of paid them anything.

 

Thanks for all the help & advice from you guys . Jo x.

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Guest jillandsi

Hi Jo,

 

I can't see why they have said he won't get in, we haven't had to go through this as we got in on my job but having read through lots of plumbing threads on lots of different sites, looked on the vetassess site and looked at the requirements for the plumbing licensing board/gas licensing I can't see what they based their decision on.

 

I can't seem to find out if any specific qualifications are required by vetassess or if it is just experience, maybe somebody else knows in more detail.

 

Could you maybe phone somebody reputable like The Emigration Group who would let you know for definate what the requirements would be for vetasses, at least then, if he is eligible, you can get moving with a better company while you make a complaint with the other one.

 

Good luck

 

Jillian

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Guest Gollywobbler

Hi Jo

 

I agree with Jillian and with chris_mac. This all sounds very odd to me.

 

Most of the people who work as Central Heating Engineers in the UK apply for visas as General Plumbers.

 

Why do the Agents say that Ian would not qualify? They must have offered a reason, surely? Also, what have they spent £1,100 of your money on just to announce this? Working out whether or not somebody can meet the DIAC and Vetassess requirements doesn't take long at all if the Agent has asked the right questions in the first place.

 

Please take a deep breath and then try to tell us the whole story with this, Jo. At the moment there is not enough information to go on.

 

Best wishes

 

Gill

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Westly is right that the above can sometimes happen. However there have been no dramatic alterations to the eligibility criteria for the 175 visa since August 2008 as far as I can recall?

 

What is Ian's occupation, how old is he and what qualifications does he hold, please?

 

Best wishes

 

Gill

 

'changes to the regulations' was probably not the best phrase I might have used. In the relevant period there have been policy changes and changes to the eligibily lists (including the 500 'free hits') for state sponsorship and some assessing authorities have changed their skills assessment criteria.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest Gollywobbler
'changes to the regulations' was probably not the best phrase I might have used. In the relevant period there have been policy changes and changes to the eligibily lists (including the 500 'free hits') for state sponsorship and some assessing authorities have changed their skills assessment criteria.

 

Hi Westly

 

I hear you but your explanation does not hold water when held up against the little (admittedly) that Jo has so far told us about the facts. They live in Yorkshire, UK. Therefore if Ian is classified as a General Plumber, the pre-migration skills authority would be Vetassess:

 

Plumber - General 4431-11 - Australian Skills Recognition Information

 

VETASSESS - Vocational Education Training and Assessment Services

 

If he is classified as a Gasfitter instead then the skills authority is TRA:

 

Gasfitter 4431-13 - Australian Skills Recognition Information

 

http://www.workplace.gov.au/NR/rdonlyres/FA0FD1E1-8B74-4C11-AFBB-2C159890FF80/0/UniformAssessmentCriteriaSeptember2007.pdf

 

Neither Vetassess or TRA have altered their assessment criteria since this couple first sought the Agent's advice back in August 2008.

 

Both occupations are on the MODL. That has not changed since August 2008 either. Both occupations are also on new new CSL too, as you know but Jo might not:

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf

 

The States & Territories do change their lists and their internal selection criteria but both occupations are on the 176 Lists for every State except QLD and NSW, so there is nothing new or changed about this possible element either.

 

State & Territory Migration Sites - australia.gov.au

 

With either of NSW or QLD the possibility of Ian doing the IELTS for an extra 10 points has been an option from the beginning:

 

IELTS: International English Language Testing System

 

It is inexplicable that these Agent could have told Ian & Jo that Ian is eligible for a 175 visa but it takes them until £1,100 later to say that this is not so.

 

They do not appear to have admitted to the couple that they made any mistakes.

 

If this firm charges £1,100 just to do a detailed appraisal then they overcharge wildly and drag their industry into disrepute as a result.

 

They are MARA registered, Jo tells us. Therefore I would recommend that Jo should contact Chris Thompson at the MARA and ask him to investigate why this firm gave apparently flaky, inaccurate and unreliable advice at the outset:

 

Migration Agents Registration Authority

 

Any complaint or query to the MARA should also be copied to the Agents Monitoring Section at DIAC in Canberra, who can be reached via an e-mail to agents@immi.gov.au

 

It is particularly important to ensure that DIAC are copied in on everything because of the Minister's recent announcement to the effect that he has no confidence in the integrity or competence of the migration advice industry and that he therefore intends to bring the registration and disciplinary functions of the MARA in-house into DIAC with effect from 1st July 2009.

 

New body to regulate migration agents

 

It is common knowledge that there are some thoroughly shonky Registered Migration Agents who give all of their colleagues a bad name. They should be singled out and then thrown out, which is what I trustfully hope is exactly what the Minister intends to do with them from 1st July onwards.

 

Since this firm apparently cannot deliver what they promised to deliver at the outset, viz a 175 visa, it is incumbent upon them to return the whole of the £1,100 to Ian & Jo with their apologies and the information that they should seek independent legal advice from another solicitor and/or Registered Migration Agent.

 

I would suggest that Ian & Jo should consider instructing Sammy Naghi to investigate what his competitors have been up to with their clients' money. Sammy is an Australian-qualified solicitor and RMA who is an employee of Taylor Hampton, solicitors, in London. Taylor Hampton have an impeccable reputation and all their Partners are fully paid up, card carrying members of the Law Society of England & Wales, which has a heck of a lot more clout and respectabilitythan the mickey mouse little MARA out in Australia. Sammy Naghi can be relied upon not to let his couple down. His contact information is here:

 

Taylor Hampton Solicitors: Sammy Naghi

 

I think it is time to get tough with these Agents of Ian & Jo's, get the money back, find out why they changed their minds about their so-called "professional" advice and get somebody competent to establish whether or not their advice is right even now.

 

Best wishes

 

Gill

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