Unable to decide

[Unable to decide]

Unable to decide whether I should apply for the state nomination or not? As my migration agent is charging way too much for state nomination and I already paid him a lot and he is still looking to make more money from me. I would appreciate, if you can please guide me exact details so that it will help me to take decision. Thanks much. By the way, my score is also 65 points without state nomination and will receive extra 5 points, if I go with state nomination.

Another question, i have as I am not happy with my migration agent as he is exploiting my situation to make more money. If i decide to get out of the contract from him whether I can ask him not to cancel my EOI what he has lodged and share details with me so that I can continue with the same VISA effect date else I need to start from the beginning which will impact my situation. Is there any law or way, i can do that?

 

[MysticRiver]

Unable to decide whether I should apply for the state nomination or not? As my migration agent is charging way too much for state nomination and I already paid him a lot and he is still looking to make more money from me. I would appreciate, if you can please guide me exact details so that it will help me to take decision. Thanks much. By the way, my score is also 65 points without state nomination and will receive extra 5 points, if I go with state nomination.

You did not mention which occupation skill you are in. In most of the skills, you should get invitation very quickly with 65 points, while in few skills (e.g. ICT) it might take little bit of time to receive invitation. Nevertheless, I think with 65 points, you have bright chance of receiving an invitation without state sponsorship.

So, in my opinion, there is no point of spending anything (let alone too much) for state sponsorship application now. Just wait sometime. Also, if you want to apply state sponsorship in parallel, why don't just submit another EOI yourself?

Another question, i have as I am not happy with my migration agent as he is exploiting my situation to make more money. If i decide to get out of the contract from him whether I can ask him not to cancel my EOI what he has lodged and share details with me so that I can continue with the same VISA effect date else I need to start from the beginning which will impact my situation. Is there any law or way, i can do that?

This has no relation with DIBP and immigration rules, it totally depends on your contract with your agent and the local law of your country. So, I can't comment on this.

 

[Trapme]

Thanks so much Mystic for your response. I am applying under ICT Business Analyst job code and little skeptical that I will receive an invitation sooner as since last round that queue has just moved by 10 days from 25th april 2016 to 4th May, 2016 and I expect this to be getting tough day by day. What do you think, with 65 when can I expect my invitation? Any guesstimate?

Another question to you, as you are suggesting to submit another EOI with state nomination as I am not sure whether it will affect my existing application which Migration agent has lodged? Can i submit another EOI with just state nomination only? Please provide me your valuable feedback. thanks so much in advance.

 

[MysticRiver]

What do you think, with 65 when can I expect my invitation?

The question of "When" cannot be answered, but I'd be hopeful with 65 points to receive an invitation within next few months.

Can i submit another EOI with just state nomination only?

Ofcourse, you can submit as many EOIs as you want. Just make sure you don't accept multiple invitation, if you receive. As your current EOI is with agent, make sure you cancel that EOI (hopefully you have the access to your EOI) as soon as you receive invitation with your new EOI (if you submit one).

 

[Trapme]

Thanks Mystic for your response, I don't have access to the EOI what he has lodged as he mentioned to me that he don't share with client, if they messed up. so you are suggesting that after receiving and accepting an invitation which I lodged, i should ask my agent to cancel the one he has lodged? If he doesn't do that, would that impact anything?

 

[MysticRiver]

I always have been cynical about these grey areas. I am certainly not comfortable to give full control of my profile to a third person, no matter how trustworthy he seems. So, for anybody reading this thread, I'll strongly suggest to ask you agent to use your email address (which you have control over), if you submit EOI via an agent. If I am paying someone for some service, I expect to have control over that thing, specially in this kind of sensitive matters. The logic behind not sharing is pretty lame because even if I do mess up (which is absurd because why should I bother to touch the EOI if I pay someone to do that work for me?), he's not going to clean that up for free anyway.

Returning to you case, if you accept multiple invitations, that'll be a big problem. Not cancelling is not an issue, but accepting multiple invitation is. However, accepting an invitation requires to pay the application fee (approx. $3400 for the primary applicant only), so it is unlikely that your agent will accept any invitation without notifying you, unless you paid him the application fee in advance (which would be, again, very surprising if you did). Still, I'd suggest you to advise him in writing (email or so, to have a proof) to cancel previous EOI, before you accept invitation for a second EOI.

 

[Trapme]

I agree with you but that guy didn't share with me at all so, if I am going to ask him whether legally he is bound to share the credentials? I didn't pay him the application charges so he must ask me before accepting any invitation? or is it something he can accept an invitation and later ask from me to transfer money? I am just trying to anticipate a situation. I have been caught up by this guy and really at this point of time, i just want come out of it but only thing scare me that if cancelling a contract with him lead to consequences which is not in my control means he will not share the credentials and i have to start with the new application which takes my visa effect date in future and put me behind in the queue . I wish i would have come to this forum earlier to be aware of such drastic situations..... You are so impressive and doing this work without any expectation and must be getting lot of wishes from people all around the world whom life you have enlightened and saved them with these trap. Once again thanks so much for your time and help.

 

[MysticRiver]

I am going to ask him whether legally he is bound to share the credentials?

I can't comment on legality because it depends on you individual contract and local law of your country, nothing to do with DIBP or immigration processing.

I didn't pay him the application charges so he must ask me before accepting any invitation?

Well, someone has to pay the application fee. It is not possible to submit the application without paying fee. So, normally all the agents ask for application fee from you and then submit the application with your money, not sure what your agent will do. If you want, you can still ask him not to accept invitation without consulting you.

or is it something he can accept an invitation and later ask from me to transfer money?

That he can do as well, but then what happens if you decline to pay the fee. I don't know if he can force your legally to pay the fee afterwards if he submit the application without consulting with you (again, it is your local law, I have no idea, also I am not a lawyer), but I would not risk that substantial amount of money if I were an agent, unless I hold a personal grudge against you.

which takes my visa effect date in future and put me behind in the queue

You are right.

 

[Trapme]

thanks Mystic so what do you suggest should i lodge another EOI or should I pay to the agent the extra large amount what he is asking me to give for selecting 190 state nomination in the same application. FYI: Agent is a mara agent and here in Australia only. My situation is really bad as it looks like i may have to go back to Country in november due to my contract with my client is not going to extend. The plus point in going back is, I will get extra 5 points for overseas experience which is currently restricted due to me short by 1.5 months. The only concern, i do have is, if go back and then once i get my visa approved (finger crossed), I need to come back to Australia and look for the job as I have to resign from my employer back in country. Considering me being a family man and its a substantial risk but there is no other way present in front of me . Thanks for your help and time.

 

[Trapme]

Another question from me is, if I go with the 190 state nomination for NSW, how much time, usually it takes to grant a visa since when you receive an invitation to apply for nsw visa application? If its below 2 months then it worth of doing else there is no benefit considering my situation.

 

[MysticRiver]

so what do you suggest should i lodge another EOI or should I pay to the agent the extra large amount what he is asking me to give for selecting 190 state nomination in the same application.

I can't actually comment on this. I personally recommend to do it yourself, but if you have any particular constraint (limited time etc.), then you have to decide. But personally, because an agent can't accelerate the process, I don't think any point.

if I go with the 190 state nomination for NSW, how much time, usually it takes to grant a visa since when you receive an invitation

Usually subclass 190 takes shorter time, however it depends person to person. So, I can't tell you that. However, 2 months might be touch and go, even if they process it quickly.

 

[Trapme]

Hi Mystic, thanks so much for your response. My next question is, when I submit a new EOI, do I need to select only the NSW or state nomination option and do not need to select the 189 visa option? Actually, I am slightly confused as didn't create any EOI by myself. How can I proceed, can you please advise me on the same. i am really thinking to go with NSW state nomination to save my citizenship criteria. I have completed already 3.5 years and will be going back to my country in next month so I go with NSW State nomination that means, I can receive invitation quickly and visa processing will also be faster and come back to Australia to save my citizenship criteria as I understand that I should not be out of the country in last 4 years, I already out of the country for 3 months due to my vacation in 3.5 years and want to come back soon so that I can save my time out of country and also be eligible after a year spending in Australia with my PR. Does it makes sense to you?

 

[MysticRiver]

If you want to apply only for state sponsorship, you don't need to select 189, just select 190. A comprehensive guide for filling up EOI can be found here

http://migrationdesk.com/threads/ex...eoi-step-by-step-guide-subclass-189.26/unread

Almost correct. Citizenship criteria requires you to be in Australia (in any visa) for 4 years immediately before you applied (you can have 12 months vacation outside Australia, no more that 3 months in last year). It also requires you to be a permanent resident for 12 months immediatelt before you apply. A full list of criteria is listed below

http://migrationdesk.com/threads/australian-citizenship-criteria-and-requirements.41664/

 

[Trapme]

Thanks so much Mystic.