Migration agent's responsibility

[docipe28]

Hi Forumers!

 

I would like to have a bit of help here! Do agents have a responsibility of informing their clients, say for example, if the frequent change in DIAC's policies affect the client's interests? I would believe that all "client's interest" to is secure their visas and live the rest of their lives down under.

 

I have an agent who has been quiet for so long. According to him, we have good chances if we apply for a "relative sponsored 176 visa" last July 2008 and so we took his advise since we trust him to be an authority in Immigration law. Then policies changed, a lot has been shifting to SS so I asked him a question if we can do that but he kept silent. Then after weeks, he replied back and said:

 

"I understand that the entire migration has put you to a lot of stress and anxiety. Rest assured that we are doing the best for you. Please limit your mails to more important ones."

 

:chatterbox: Is shifting to SS not important? Duh? It's really stressful and he is getting into my nerves. This is plain "rudeness". Whether or not a certain agent deems each client's question, as stupid as it may seem, I think they have to answer each question professionally. Clients are always right...right? I am a very responsible client...paid my bills on time, supplied them with all the documents they need on time, answered their mails on time and I have been very keen with updates. I am quite offended by his reply. We have exchanged mails in the past but this only concerned documents. This is my first mail to him asking for a major visa shift.

 

I'm asking everyone of you out there who have agents, did they inform you of the changes over at DIAC? Did you ever receive a mail from them stating "hey mate, DIAC's changed their policies, I think it would be better if you shift to other subclass as it would affect your applications dearly".:arghh:

 

I understand that agents have a lot of clients and tons of work but I guess they have to treat each client's case differently (and with TLC and respect). Everyone of us have their own crosses to bear, so I hope they understand that too.

[melbournegirlinny]

Hi. I'm not a migration agent nor am I applying for a visa as I'm an Aussie, but I am a lawyer and that reply from your agent, to my way of thinking, is rude and totally inappropriate. If it wasn't such a serious matter it would be laughable.

 

Where are you located and where is your agent? What is your age, skill etc... Give me some facts so I can see whether or not you would be able to get state sponsorship for a 176 visa. I think you should change as this is one of the main categories that are being processed right now.

 

Where are your relatives located in Australia?

 

Sandra

[Alan Collett]

In my view - and subject always to the scope of the engagement (check the terms and conditions letter) - an advisor has a responsibility until the appointment ends to advise clients if an opportunity comes along to improve the client's circumstances.

 

Unfortunately some are not as proactive in this regard as others.

 

Best regards.

[Les Mighalls]

Likewise Alan.

 

We stay on top of all our clients files from engagement to lodgement.

 

457 employers are kept abreast of any and all developments as and when they may be affected.

 

Our personal clients are treated no different to our largest corporate clients.

 

One has a professional responsibility commencing from when one is engaged.

 

Other Firms' engagement letters may vary from ours and it may be that those who quote bottom prices also limit their services compared to us.

 

As you said, read the terms and conditions.

[Guest Jamie Smith]

I would suggest that you meert and ask the agent to review your current visa options, especially in regard to alternative pathways to the current option, and ask for comment on timelines, costs to change, effort involved etc.

 

It might be that the agent feels you would resist a request for more money to handle a change of applciation, or they've been hassled by other clients who insist on a visa change and refuse to pay more, so the agent is reluctant to expose him/herself to another demand.

 

But you are entitled to ask if and why the current pathway is still the best way forward given changes to the structure of the system, and what alternatives exist.

 

A non-confrontational approach is a good start. If it becomes clear that the agent has neglected to keep you informed of changed options then you can review your service contract with them and take it from there.

[docipe28]

Thank you so much Sandra and Alan.

 

I wouldn't want to disclose my agent's identity, hope you understand. I'm still giving him "the benefit of the doubt" and maybe it would affect how they handle my case (i know most agents know each other) - just trying to be ON THE SAFE SIDE . I'll just wait for the mean time, I'm still hoping that he's going to change over night (duh!). Maybe soon... if my wick is already consumed. I'm ok right now knowing he's done something wrong.

 

I am from the Philippines and I understand the cultural differences we have. I thought I might be over reacting, that's why I am throwing the question here. At present, my papers are already with DIAC (SC 176), received Jan 1, 2009, awaiting medicals and police clearances. With that, it's clear I don't have a CO yet. I'm 33 years old (25 points), married (no kids yet but really DYING to have one soon). I'm a practicing physician here (but nominated Health Information manager instead since it's very difficult being assessed as MD, especially I come from here). Took 2 degrees (BS Medical Technology and Medicine), licensed to practice both here in my country, a registered Medical Scientist with NZ, and trained as a Pathologist (Laboratory medicine) as a medical subspecialty. Took the IELTS last Aug 08 and passed (Band 8.0) (25 points) and assessed positively by VETASSESS as Health Info Manager (50 points).

 

Initially, I have asked him if I could nominate "Medical Scientist" as a job (been practically within the hospital laboratory for 6 years now - presently doing part time loads in teaching the academe too!) (5 points) but he said Health Information Manager will already do (not on the CSL and not on the in the MODL - long wait right?). Medical scientist is on the Biotechnology sector of the NSW SOL so I guess I have good chances of being assessed positively. My uncle lives in one of the inner west sydney suburbs.

 

He advised me to WAIT and don't get my wifey pregnant as it will just delay our application (hahaha!). Since it's a long way for us with this subclass of visa, I am hoping that we could do other ways to make this waiting short. If I get a CO on 2011 (whew!), that's too many precious time wasted... my wife will already be 35 years old by that time. Who knows she can already have complications with pregnancy? (in medicine we call her as an elderly primy). Took the liberty mailing AIMS (the assessing body for MS) and the NSW Dept of State and Regional Development and said I have good chances. Anybody from the Philippines who finished 2 bachelor of science courses is deemed equivalent as someone who finished a BS course in OZ (a singe BS course is equivalent only to an advanced diploma though). All I am waiting for is their advise on what to do. Is it wrong if I ask them for this assistance? Paid him already in full and everytime I throw this suggestion (twice already - never got an answer in both), I feel he would always insert the topic of "fees" - not fees with the application but his OWN fees. I already know that... do his duty and i'll do mine, right mate? paying would not be that difficult as long as I get 101% GOOOOOOOD service.

 

Do you personally think I have chances ? Ive done all of these calls and mails (NSW and AIMS) all by myself secretly. It's very hard communicating with him since he is in Australia and when I send him an important querry, he'll answer me back with "...limit to important ones". How would somebody feel?

 

To allan, reviewed the Retainer's agreement... its says there "to be polite with enquiries" ( i did...it's him who is rude)... been reviewing the migration code of conduct and it said there that agents have to advise clients of "....situations against their personal interests". I guess going to OZ is a legit "personal interest" of mine.

[docipe28]

Thanks Les and Jamie

 

I have mailed him Jamie twice in the most friendly and professional way and in the agreement we have, stated in there "they have the right to refuse and answer questions that they deem not very important". I hope agents will understand that no matter how trivial a client's question is, a simple reply will suffice. It's better that way than keeping silent. I trust my life with him as an authority with immigration and I deserve an explanation than "to wait patiently". My agent and me are miles away from each other, I just think e-mails are the most cost affordable way of communicating.

[Guest Jamie Smith]

Docipe28

 

hello Docipe

 

I was in Manila last August, a terrific place, with a big rain shower that shamed the whole of Australia!

 

If your agent is registered in Australia, I beleive the sections in the contract about not corrersponding with you over "irrelevant" issues would not be accpetable to MARA.

 

RMAs have to address your queries, even if the answer is "no new information ". But if you ask a substantail question like "is there a better way?" then that is not trivial and they should reply.

 

They obviously want to avoid dealing with repetitive issues for lower value clients like visitors, but you have important medical skill and are a high value migrant. Any State Govt would want to try to get you over earlier as medicos are in chronic short supply, but you or the agent need to make the approach to them.

 

Ask the agent to gove an answer and if necessary explain their additional costs for extra work, at least you can then choose the way forward and not be held waiting.

[docipe28]

Thank you very much Jamie! Now that's the answer I want to hear... I feel I was assessed wrongly from the very beginning and it has taken so much time and money from me. The first time we met here in Manila, I was insisting (with my resume on hand) that I want to be assessed as a medical scientist (60 points - ASCO 2115-11) (since I also plan to be working as one before I look on to continuing my profession as a pathologist AND I HAVE VIRTUALLY SPENT MY ENTIRE LIFE INSIDE A HOSPITAL'S LAB). But according to him, he doesn't have any experience with Pathologists like me - only those sort of doctors doing daily hospital rounds!). Initially, he said he'll look into it and see what a medical scientist is like...a week after he told me if I could prove that I have relevant experience and provide the necessary documents and registration, I could be assessed favorably by AIMS. Then when I passed my IELTS and he sent me the retainer's agreement, he advised me to be assessed by VETASSESS instead for a Health Information manager (50 points) (ASCO 2299-11) because "studying" my case (according to him), he's afraid that I will be assessed as Labortory Technical Officer (ASCO- 3111-11) which attracts only 40 points.

 

My current points is 105 = 25 (age) 25 (language) 50 (occupation) and 5 (relevant experience)

 

But if you calculate it again with SS, then its still the same = 105 points 25 (age), 25 (language), 40 (occupation), 5 (relevant experience) PLUS 10 (state sponsorship).

 

This is the question I'm really pestering him with. I'm afraid he's not answering me because if he says that SS is possible, then clearly,its his admittance that I have really been assessed wrongly from the very beginning. Right mate?

 

I'm sorry for the horrible showers that welcomed you here in Manila - A taste of an authentic rainy Filipino welcome. This is the reason why I want to get down under - got too much of rain here. hahahaha!

[melbournegirlinny]

I will send you a private message.

[docipe28]

Oops...and one more thing Jamie, I'm really pushing on with this Medical Scientist thing because for 5 times I attempted to apply as one, 4 returned me a call (2 from Sydney, 1 from Melbourne, and 1 from Brisbane) and have me short listed. Its just that I am not there so employers are quite horrified with the costs of bringing me there (better look at people already there). However, I'm happy and contented with that outcome...having been short listed is a reflection that means that I have skills in demand down there and I have a better chance of a positive outcome from AIMS. Better life for me and my wife.... only if I could only get my ass there. NSW has MS and Lab Tech Officer in their list of SOLs. Emailed them... they said I'm qualified.

 

Thank you very much once again. Keep in touch.

[wrussell]

1. It sounds as if the way your case is progressing is less than optimal.

 

2. You have apparently been misinformed about the equivalence of RP/Australian degrees.

 

3. The pre-migration skills assessment pass rate for RP-qualified medicos is dismal and the costs are very high, so your agent was wise to advise you to avoid this if there was another viable visa strategy.

 

4. You can hardly blame your agent because the minister moved the goalposts and introduced priority processing that left you in a category of applicants who face an indefinite wait to have their visas processed. I am not clear about what stage your case has reached - has a skills assessment been obtained and has a visa application been lodged?

 

5. You would probably be well advised to consider making a pre-migration skills assessment application to AIMS. They undertake a real skills assessment and they are very fair and very professional. If you have already lodged a visa application, you would have to lodge a fresh application.

 

You might be able to create a problem for your agent if he has not followed your instructions or has acted without instructions; which seems unlikely from what you have posted. Such a course of action is unlikely to progress your case.

[docipe28]

wrussell,

 

Thank you very much. Here are some of my points though:)

 

1. It sounds as if the way your case is progressing is less than optimal. YUP! SURELY IT DOES.

 

2. You have apparently been misinformed about the equivalence of RP/Australian degrees. THAT'S WHAT HE SAID SO I BELIEVED HIM. I JUST THOUGHT, HAVING 2 BS DEGREES FINISHED IN THE PHILIPPINES IS EQUIVALENT TO AN OZ BS DEGREE BECAUSE I HAD A POSITIVE ASSESSMENT FROM VETASSESS LAST NOVEMBER. BOTH MEDICAL SCIENTIST AND HEALTH INFORMATION MANAGER REQUIRES A BACHELOR'S DEGREE. HOWEVER, I MIGHT BE WRONG. EVEN IF AIMS DECIDE I CANNOT BE A MEDICAL SCIENTIST AND SAY I'M A LABORATORY TECHNICAL OFFICER INSTEAD, MY 105 POINTS WOULD STILL QUALIFY ME FOR STATE SPONSORSHIP.

 

3. The pre-migration skills assessment pass rate for RP-qualified medicos is dismal and the costs are very high, so your agent was wise to advise you to avoid this if there was another viable visa strategy. I AGREE HE DID VERY GOOD ADVISING ME NOT TO PURSUE THIS TYPE OF ASSESSMENT FOR REASONS OF PRACTICALITY AND COSTS. I'LL BE FOREVER GRATEFUL TO HIM FOR THAT. I NEVER WANTED TO PURSUE A MEDICAL ASSESSMENT ANYWAY.

 

4. You can hardly blame your agent because the minister moved the goalposts and introduced priority processing that left you in a category of applicants who face an indefinite wait to have their visas processed. BUT STILL, HE SHOULD HAVE NOTIFIED ME OF OTHER AVAILABLE PATHWAYS TO PURSUE RIGHT? --- EVEN IF OUR PRESENT CONTRACT FOR RELATIVE SPONSORED SC 176 HAS ALREADY COMMENCED. CLEARLY, THE TIME FRAMES HE PROPOSED ARE NOT APPLICABLE NOW (EVEN DIAC HAVE'NT CHANGED THEIR TIME FRAMES IN THEIR SITE) , SO I'M LOOKING FOR AN INDEFINITE WAIT -- I WAS THINKING MAYBE THAT IT SHOULD BE MORE APPROPRIATE TO INFORM ME THAT I WOULD BE WAITING AS FAR AS MY HAIR TURNS GRAY. I DESERVE TO KNOW THAT FROM HIM. I am not clear about what stage your case has reached - has a skills assessment been obtained and has a visa application been lodged?

GOT A (+) VETASSESS ASSESSMENT LAST OCTOBER AND LODGED MY APPLICATION LAST JANUARY THIS YEAR.

 

5. You would probably be well advised to consider making a pre-migration skills assessment application to AIMS. They undertake a real skills assessment and they are very fair and very professional. If you have already lodged a visa application, you would have to lodge a fresh application.THAT'S WHAT I AM ASKING HIM TO DO FOR ME FROM THE VERY START (AND NOW EVEN FOR ANOTHER FEE!) DURING OUR PRELIMINARY INTERVIEW, I WAS ASKING HIM FOR AN AIMS ASSESSMENT, BUT HE SUGGESTED GOING ANOTHER WAY AROUND. SO I COMPLIED. NOW THAT THINGS TURN OUT NOT TO BE IN FAVOR OF ME, I ASKED HIM IF HE COULD HELP ME AND PURSUE THE AIMS ASSESSMENT AND THEN TO STATE SPONSORSHIP... HIS SILENCE IS THE ROOT OF ALL MY WORRIES. MY 1ST LETTER WAS SENT LAST MAY. IF HE MADE A TIMELY REPLY, I SHOULD HAVE GOTTEN A RESPONSE FROM AIMS BY THIS TIME.

 

You might be able to create a problem for your agent if he has not followed your instructions or has acted without instructions; which seems unlikely from what you have posted. Such a course of action is unlikely to progress your case. I'M NOT ASPIRING TO CREATE A PROBLEM FOR HIM NOR I'M FINDING ANY FAULTS TO WHATEVER HE DOES OR DID. HE DID NOT REPLY TO 2 OF MY MAILS THAT'S WHY I CAME HERE TO ASK PIO TO GET IDEAS AND COMPARE TO WHATEVER HE WILL SAY IN THE FUTURE (I HOPE HE DOES SOON). AGAIN, I MIGHT BE WRONG, IM NOT AN EXPERT IN IMMIGRATION THINGS... I STILL HAVE HIGH HOPES WITH HIM.

 

CHEERS!