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Hi all,

I am currently on a 820 visa, applied for it last year july in Australia. I have lived there 13months but I have moved back to Austria due to a complicated situation with my australian wife, work loss and covid issues.

We have split up by now and getting divorced next year.
I have filled out the form change of circumstances and am now curious what happens with my visa.


Secondly is there any kind of chance if the cancel my visa I can apply some kind of other visa because my sister who already is a permanent resident lives also in Australia...

I don't want to loose my visa and the chance of getting a permanent one.

maybe one of you knows what I should do.
cheers
 

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Hi all,

I am currently on a 820 visa, applied for it last year july in Australia. I have lived there 13months but I have moved back to Austria due to a complicated situation with my australian wife, work loss and covid issues.

We have split up by now and getting divorced next year.
I have filled out the form change of circumstances and am now curious what happens with my visa.

Secondly is there any kind of chance if the cancel my visa I can apply some kind of other visa because my sister who already is a permanent resident lives also in Australia...

I don't want to loose my visa and the chance of getting a permanent one.

maybe one of you knows what I should do.
cheers
Hey mate sorry
 

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Hi all,

I am currently on a 820 visa, applied for it last year july in Australia. I have lived there 13months but I have moved back to Austria due to a complicated situation with my australian wife, work loss and covid issues.

We have split up by now and getting divorced next year.
I have filled out the form change of circumstances and am now curious what happens with my visa.

Secondly is there any kind of chance if the cancel my visa I can apply some kind of other visa because my sister who already is a permanent resident lives also in Australia...

I don't want to loose my visa and the chance of getting a permanent one.

maybe one of you knows what I should do.
cheers
They may give you parmanent residence if you were eligible
 

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May I suggest that you consult one of the registered migration agents who posts on this forum for an assessment of your case?
 

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Here io a link to the RMAs who post on this forum:
Just word of caution, would NOT recommend using wrussell. Was very happy to take deposit, then absolutely useless. Unhelpful in answering questions (worse responses than Google), took weeks to respond unless probed, etc. Put it to him that he wasn't meeting his contractual agreements and as such we would be requesting the contract either be modified or deposit refunded and agreement ended.

When I raised these concerns to him, he made the threat that if we/I complain he will cease services without refunding deposit. Filed a claim with bank and found the funds had illegally been moved from the trust account, contrary to legislation relevant to trust accounts. Will be filing in court before statue of limitation elapses, though unsure if he even has the funds to pay. It's run through a property limited company (which isn't actually specified on the contract, so MAY be able to sue him directly). Either way, will be suing and filing a wind up petition at the very least.

Don't put yourself through it, may be cheaper than others but not worth the hassle - you'll just end up in a similar situation. If you're going to cheap out that much, just do it yourself - it'll be less hassle.

Asked for a cost statement of what costs were billed to trust account, never provided beyond claiming emails were billable. The emails were all discussing the agreement (prior to signing), then disputing the agreement (post signing) due to his lack of responses and support.

Notable areas of Code of Conduct broken:
Part 5 - Fees and charges
5.1 There is no statutory scale of fees. However, a registered migration agent must set and charge a fee that is reasonable in the circumstances of the case.
Fees for single emails querying a lack of replies isn't reasonable...

5.2 A registered migration agent must:
(a) before starting work for a client, give the client:
(i) an estimate of charges in the form of fees for each hour or each service to be performed,
and disbursements that the agent is likely to incur as part of the services to be performed;
and
(ii) an estimate of the time likely to be taken in performing the services; and
(b) as soon as possible after receiving instructions, obtain written acceptance by the client, if
possible, of:
(i) the estimate of fees; and
(ii) the estimate of the time likely to be taken in performing the services; and
(c) give the client written confirmation (an Agreement for Services and Fees ) of:
(i) the services to be performed; and
(ii) the fees for the services; and
(iii) the disbursements that the agent is likely to incur as part of the services; and
(d) give the client written notice of any material change to the estimated cost of providing a service, and the total likely cost because of the change, as soon as the agent becomes aware of the likelihood of a change occurring.

None of this was provided. The quote didn't state the costs if services were ceased and didn't clarify he would charge for emails where complaints are raised...

Part 7 - Financial duties
7.1 Subject to clause 7.1B, a registered migration agent must keep separate accounts with a financial
institution for:
(a) the agent's operating expenses (the operating account); and
(b) money paid by clients to the agent for fees and disbursements (the clients' account).
7.1A The words 'clients' account' must be included in the name of the financial institution account
mentioned in paragraph 7.1(b).
Trust account was emptied illegally.

Part 9 - Complaints
9.1 A registered migration agent must respond properly to a complaint by a person (whether or not the
person is a client) about the work or services carried out by the agent or the agent's employee.
9.2 A registered migration agent must submit to the procedures for mediation as recommended by the
Authority about handling and resolving complaints by the client against the agent.

Threatened to steal my money if I complained... Enough said.
 

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Just word of caution, would NOT recommend using wrussell. Was very happy to take deposit, then absolutely useless. Unhelpful in answering questions (worse responses than Google), took weeks to respond unless probed, etc. Put it to him that he wasn't meeting his contractual agreements and as such we would be requesting the contract either be modified or deposit refunded and agreement ended.

When I raised these concerns to him, he made the threat that if we/I complain he will cease services without refunding deposit. Filed a claim with bank and found the funds had illegally been moved from the trust account, contrary to legislation relevant to trust accounts. Will be filing in court before statue of limitation elapses, though unsure if he even has the funds to pay. It's run through a property limited company (which isn't actually specified on the contract, so MAY be able to sue him directly). Either way, will be suing and filing a wind up petition at the very least.

Don't put yourself through it, may be cheaper than others but not worth the hassle - you'll just end up in a similar situation. If you're going to cheap out that much, just do it yourself - it'll be less hassle.

Asked for a cost statement of what costs were billed to trust account, never provided beyond claiming emails were billable. The emails were all discussing the agreement (prior to signing), then disputing the agreement (post signing) due to his lack of responses and support.

Notable areas of Code of Conduct broken:
Part 5 - Fees and charges
5.1 There is no statutory scale of fees. However, a registered migration agent must set and charge a fee that is reasonable in the circumstances of the case.
Fees for single emails querying a lack of replies isn't reasonable...

5.2 A registered migration agent must:
(a) before starting work for a client, give the client:
(i) an estimate of charges in the form of fees for each hour or each service to be performed,
and disbursements that the agent is likely to incur as part of the services to be performed;
and
(ii) an estimate of the time likely to be taken in performing the services; and
(b) as soon as possible after receiving instructions, obtain written acceptance by the client, if
possible, of:
(i) the estimate of fees; and
(ii) the estimate of the time likely to be taken in performing the services; and
(c) give the client written confirmation (an Agreement for Services and Fees ) of:
(i) the services to be performed; and
(ii) the fees for the services; and
(iii) the disbursements that the agent is likely to incur as part of the services; and
(d) give the client written notice of any material change to the estimated cost of providing a service, and the total likely cost because of the change, as soon as the agent becomes aware of the likelihood of a change occurring.

None of this was provided. The quote didn't state the costs if services were ceased and didn't clarify he would charge for emails where complaints are raised...

Part 7 - Financial duties
7.1 Subject to clause 7.1B, a registered migration agent must keep separate accounts with a financial
institution for:
(a) the agent's operating expenses (the operating account); and
(b) money paid by clients to the agent for fees and disbursements (the clients' account).
7.1A The words 'clients' account' must be included in the name of the financial institution account
mentioned in paragraph 7.1(b).
Trust account was emptied illegally.

Part 9 - Complaints
9.1 A registered migration agent must respond properly to a complaint by a person (whether or not the
person is a client) about the work or services carried out by the agent or the agent's employee.
9.2 A registered migration agent must submit to the procedures for mediation as recommended by the
Authority about handling and resolving complaints by the client against the agent.

Threatened to steal my money if I complained... Enough said.
Put your name to this rubbish and I shall respond.
 

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I know who you are. Be careful about defamation!

You might have let members know that after 60+ emails, and receipt of paper forms 47sp, 40sp, 80 and numerous advice emails, including detailed information about a medical issue, police clearances and other matters you changed your mind about applying and threatened me with legal action. I advised you that I was willing to change your application from onshore to offshore and proceed with either subclass at a time that suited you. for no extra professional fees. Due to your repeated threats and abuse I terminated your service agreement on the basis of the conflict of interests that you created and billed you accordingly:

retainer, costs per hour up to a maximum amount.

Have a look at these clauses your service agreement:

14. If you have a complaint about our conduct or our service, we will try to resolve it with you. You may complain directly to the OMARA (Office of the Migration Agents Registration Authority).

15. We will bill you for an initial retainer of $xxx and we will bill you for professional fees at the rate of $yyy per hour to perform the services listed in this table. Our retainer plus professional fees will not be more than a maximum amount of $xxx plus Goods and Services Tax (GST) if applicable. If you instruct us to perform services that are not listed in this table, such as: lodge an appeal if you receive an adverse decision, or add an additional applicant to an application, or remove an applicant or inform the Department of Home Affairs that there are additional non-migrating
dependants or notify a change address, employment, contact or passport details; there will be further costs. You should note that we have no
control over third-party charges such as skills assessment fees and visa application charges. The third-party amounts quoted are correct at the
date of this Service Agreement, but they could change.

16. In addition to these costs we will bill you for 15 minutes work for each unsolicited email or other communication we receive from you, or from a party acting in a matter relating to your case, in excess of 5 messages. Correspondence from assessing authorities or Australian or other immigration authorities are not counted as unsolicited communications.

and this

Once work has commenced payments are not refundable.
 

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Just word of caution, would NOT recommend using wrussell. Was very happy to take deposit, then absolutely useless. Unhelpful in answering questions (worse responses than Google), took weeks to respond unless probed, etc. Put it to him that he wasn't meeting his contractual agreements and as such we would be requesting the contract either be modified or deposit refunded and agreement ended.

When I raised these concerns to him, he made the threat that if we/I complain he will cease services without refunding deposit. Filed a claim with bank and found the funds had illegally been moved from the trust account, contrary to legislation relevant to trust accounts. Will be filing in court before statue of limitation elapses, though unsure if he even has the funds to pay. It's run through a property limited company (which isn't actually specified on the contract, so MAY be able to sue him directly). Either way, will be suing and filing a wind up petition at the very least.

Don't put yourself through it, may be cheaper than others but not worth the hassle - you'll just end up in a similar situation. If you're going to cheap out that much, just do it yourself - it'll be less hassle.

Asked for a cost statement of what costs were billed to trust account, never provided beyond claiming emails were billable. The emails were all discussing the agreement (prior to signing), then disputing the agreement (post signing) due to his lack of responses and support.

Notable areas of Code of Conduct broken:
Part 5 - Fees and charges
5.1 There is no statutory scale of fees. However, a registered migration agent must set and charge a fee that is reasonable in the circumstances of the case.
Fees for single emails querying a lack of replies isn't reasonable...

5.2 A registered migration agent must:
(a) before starting work for a client, give the client:
(i) an estimate of charges in the form of fees for each hour or each service to be performed,
and disbursements that the agent is likely to incur as part of the services to be performed;
and
(ii) an estimate of the time likely to be taken in performing the services; and
(b) as soon as possible after receiving instructions, obtain written acceptance by the client, if
possible, of:
(i) the estimate of fees; and
(ii) the estimate of the time likely to be taken in performing the services; and
(c) give the client written confirmation (an Agreement for Services and Fees ) of:
(i) the services to be performed; and
(ii) the fees for the services; and
(iii) the disbursements that the agent is likely to incur as part of the services; and
(d) give the client written notice of any material change to the estimated cost of providing a service, and the total likely cost because of the change, as soon as the agent becomes aware of the likelihood of a change occurring.

None of this was provided. The quote didn't state the costs if services were ceased and didn't clarify he would charge for emails where complaints are raised...

Part 7 - Financial duties
7.1 Subject to clause 7.1B, a registered migration agent must keep separate accounts with a financial
institution for:
(a) the agent's operating expenses (the operating account); and
(b) money paid by clients to the agent for fees and disbursements (the clients' account).
7.1A The words 'clients' account' must be included in the name of the financial institution account
mentioned in paragraph 7.1(b).
Trust account was emptied illegally.

Part 9 - Complaints
9.1 A registered migration agent must respond properly to a complaint by a person (whether or not the
person is a client) about the work or services carried out by the agent or the agent's employee.
9.2 A registered migration agent must submit to the procedures for mediation as recommended by the
Authority about handling and resolving complaints by the client against the agent.

Threatened to steal my money if I complained... Enough said.
If you feel the RMA has acted inappropriately or breached the code of conduct for registered agents then you can make a complaint here

https://www.mara.gov.au/using-an-ag...e-a-complaint-about-an-agent/agent-complaint/
 

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I know who you are. Be careful about defamation!

You might have let members know that after 60+ emails, and receipt of paper forms 47sp, 40sp, 80 and numerous advice emails, including detailed information about a medical issue, police clearances and other matters you changed your mind about applying and threatened me with legal action. I advised you that I was willing to change your application from onshore to offshore and proceed with either subclass at a time that suited you. for no extra professional fees. Due to your repeated threats and abuse I terminated your service agreement on the basis of the conflict of interests that you created and billed you accordingly:

retainer, costs per hour up to a maximum amount.

Have a look at these clauses your service agreement:

14. If you have a complaint about our conduct or our service, we will try to resolve it with you. You may complain directly to the OMARA (Office of the Migration Agents Registration Authority).

15. We will bill you for an initial retainer of $xxx and we will bill you for professional fees at the rate of $yyy per hour to perform the services listed in this table. Our retainer plus professional fees will not be more than a maximum amount of $xxx plus Goods and Services Tax (GST) if applicable. If you instruct us to perform services that are not listed in this table, such as: lodge an appeal if you receive an adverse decision, or add an additional applicant to an application, or remove an applicant or inform the Department of Home Affairs that there are additional non-migrating
dependants or notify a change address, employment, contact or passport details; there will be further costs. You should note that we have no
control over third-party charges such as skills assessment fees and visa application charges. The third-party amounts quoted are correct at the
date of this Service Agreement, but they could change.

16. In addition to these costs we will bill you for 15 minutes work for each unsolicited email or other communication we receive from you, or from a party acting in a matter relating to your case, in excess of 5 messages. Correspondence from assessing authorities or Australian or other immigration authorities are not counted as unsolicited communications.

and this

Once work has commenced payments are not refundable.
You can make legal threats if you like, though honest opinion is a defense to defamation. Sue me. Try.

You never provided detailed information about any medical issue. You provided a single link you found on Google. An article I already had noted down as part of my own research. I refer to my previous comment that one would be better off Googling it themselves.

I never changed my mind about applying, I explained if you weren't going to proceed prior to covid restrictions (ie in a timely fashion) I would prefer to have a refund and take my money elsewhere. You had no motivation or intention to proceed. You weren't timely in responses and your phone was constantly "broken".

I also don't respect you releasing potentially sensitive information here, I have taken a copy of this post and will be filing a complaint under privacy legislation. While you do have a right to respond under defamation legislation (which I'm more than happy to provide this right via a phone call, at which point I will edit my post with your responses), this right does NOT excuse or release you from your obligations under privacy laws. I highly recommend you look up legislation regarding extortion or threats, hinting you'll release my private information if I seek costs owed to me is outright extortion.
 

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Please be aware that we do not allow "Name and Shame" type of posts, whether they're about RMAs or any other type of company. If you have a complaint about a RMA, or other company for that matter, you will need to take it up with them privately.

Because Westly has already replied to your allegations, I'll leave the posts however I think you would be hard pressed to find any professional who doesn't bill for the work performed up to the date of cancelling the service contract.

I for one, would have no hesitation to use Westly as a migration agent, as would I think many other posters.

Since Westly has included the clause from the service contract about contacting OMARA if you wish to complain, that should be sufficient for this thread so I will close it.
 
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