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Legal aspects of breaking a contract with migration agent

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
Hi Mystic,

I am trying to understand if I break the contract with the agent then what is the impact? As I understand, he will be charging the hourly rates on the work he has done for me so far. Actually, I am what more concern than the money is, if he is charging me for the work he has done then ideally, he should not cancel my EOI what has been submitted by him and he should change the credentials to my email address so that I will not miss my visa effect dates and I can use the existing EOI application by myself. Why I am thinking on this line that he is exploiting my situation and always be very sarcastic in his responses. I am really not convincing with his responses based on the money i have spent on him. Thanks for your advise.

Another question as I understand, i am currently sort of 1.5 months on my overseas experience as he has not claim my business visa time in australia for my overseas experience even though I am being paid my overseas company. You also suggested not to claim that as an overseas experience but going back to my country and working there for my company I will gain extra 5 points in 1.5 months which got me overall 70 points. Business analyst job code with 70 points is getting an invitation in very much next round as per my observation which means, if i decide to cancel my current EOI even then I do have a fair chance of submitting my EOI self will have a very positive chance? What do you suggest me here. Thanks much for your help and time.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,121
Points
113
Like I said before, you have to clarify it with your agent, I can't comment on legal aspect. I think you are right, he should handover whatever you paid for, but I am not a legal expert.

I agree, with 70 points, you have a very bright chance. I don't remember what I said about your Aussi experience in what context, but anyhow, 1.5 months is nothing, you can just finish that time in a blink.
 

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
I will speak to MARA then in this case before I take any action on this. Thanks for your advise.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
Hi Mystic,

I am trying to understand if I break the contract with the agent then what is the impact? As I understand, he will be charging the hourly rates on the work he has done for me so far. Actually, I am what more concern than the money is, if he is charging me for the work he has done then ideally, he should not cancel my EOI what has been submitted by him and he should change the credentials to my email address so that I will not miss my visa effect dates and I can use the existing EOI application by myself. Why I am thinking on this line that he is exploiting my situation and always be very sarcastic in his responses. I am really not convincing with his responses based on the money i have spent on him. Thanks for your advise.

Another question as I understand, i am currently sort of 1.5 months on my overseas experience as he has not claim my business visa time in australia for my overseas experience even though I am being paid my overseas company. You also suggested not to claim that as an overseas experience but going back to my country and working there for my company I will gain extra 5 points in 1.5 months which got me overall 70 points. Business analyst job code with 70 points is getting an invitation in very much next round as per my observation which means, if i decide to cancel my current EOI even then I do have a fair chance of submitting my EOI self will have a very positive chance? What do you suggest me here. Thanks much for your help and time.

@Trapme please go through the below lines from DIBP website, I think these might build a little confidence in you regarding your application.

You do not need to use a migration agent to submit an EOI. However, if you choose to use an agent, the department recommends that you use a registered migration agent. It is important to note that you will only have one login to access your EOI account. You can only specify one email address to be contacted by SkillSelect about any invitations or messages in relation to your EOI account. All email notifications will be sent to the email address you nominate and it will be your responsibility to ensure you can access your emails and update your account with any change of email address.

Under Australian law, anyone who uses knowledge of migration procedures to offer immigration assistance to a person wishing to obtain a visa to enter or remain in Australia must be registered or exempt from registration.

All registered migration agents are bound by the Migration Agents Code of Conduct, which requires agents to act professionally in their clients' lawful best interests. A list of registered migration agents is available from the Office of the Migration Agents Registration Authority (Office of the MARA) website

You can contact the Office of the MARA by email, post or in person.

Email: [email protected]
 

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
Sorry Mystic, I am unable to interpret the language used by them, can you please clarify to me? Sorry again to be a pain. Also I have sent mail to the address you mentioned below and it has been rejected by saying that its not existing.
@Trapme please go through the below lines from DIBP website, I think these might build a little confidence in you regarding your application.

You do not need to use a migration agent to submit an EOI. However, if you choose to use an agent, the department recommends that you use a registered migration agent. It is important to note that you will only have one login to access your EOI account. You can only specify one email address to be contacted by SkillSelect about any invitations or messages in relation to your EOI account. All email notifications will be sent to the email address you nominate and it will be your responsibility to ensure you can access your emails and update your account with any change of email address.

Under Australian law, anyone who uses knowledge of migration procedures to offer immigration assistance to a person wishing to obtain a visa to enter or remain in Australia must be registered or exempt from registration.

All registered migration agents are bound by the Migration Agents Code of Conduct, which requires agents to act professionally in their clients' lawful best interests. A list of registered migration agents is available from the Office of the Migration Agents Registration Authority (Office of the MARA) website

You can contact the Office of the MARA by email, post or in person.

Email: [email protected]
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,121
Points
113
There are several confusions in your small post :)

1. The quoted post was not mine, @Rakshanda was kind enough to find that for you.

2. The main point is, migration agents should always put the customers' interest above theirs.

3. I have no idea what they rejected? What did you ask from them? You were suppose to ask for their advice, if I am corrdct.
 

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
oh Sorry, I didn't notice its been posted by Rakshnda. Thanks so much Rakshanda.
There are several confusions in your small post :)

1. The quoted post was not mine, @Rakshanda was kind enough to find that for you.

2. The main point is, migration agents should always put the customers' interest above theirs.

3. I have no idea what they rejected? What did you ask from them? You were suppose to ask for their advice, if I am corrdct.[/QUOTE
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
It is important to note that you will only have one login to access your EOI account. You can only specify one email address to be contacted by SkillSelect about any invitations or messages in relation to your EOI account.

What does it mean, means for number of EOI submitted by anyone should have only one email address, in this case my migration agent might have used his email address then how can i create my own EOI for 190 and provide my email address? I am confused here, can you please clarify.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,121
Points
113
As per my understanding, it means you can not specify two emails for any certain EOI (e.g. you can't specify both yours and your agents email address in a single EOI).

Using different email address for different EOI should not have any issue
 
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