[Ramah]

Hi all

It's been a little while, life can get hectic at times!

I've got a query for a good friend of mine.

She applied for her 820/801 around 17 months ago via an RMA in Sydney.

About 2 months after submission, she was requested to supply her sponsors police checks which she did.

Then she heard nothing back.

Alarm bells should have started ringing when she emailed her RMA requesting an update and didn't hear back (twice).

She called the firm he worked for yesterday and has found out that he left the company just over 12 months ago and it looks like no one else seems to have picked up her application!

She's waiting for a call back sometime next week to see what's happened but we're concerned that in the meantime Immi has requested more info/her medicals and may have potentially missed this email!

I applied for my own application 5 months after her and I've already been requested to send my medicals/police checks etc, I know it differs for everyone but she's panicking now.

My understanding is submitting with or without help from an RMA, the onus still falls on the applicant to make sure all information is provided, is this correct? Is there any leeway whatsoever?

Thanks in advance for any input

 

[CCMS]

Alarm bells should have started ringing when she emailed her RMA requesting an update and didn't hear back (twice).

She called the firm he worked for yesterday and has found out that he left the company just over 12 months ago and it looks like no one else seems to have picked up her application!

My understanding is submitting with or without help from an RMA, the onus still falls on the applicant to make sure all information is provided, is this correct?

The applicant remains totally responsible for their application,but the firm the RMA worked for surely has obligations towards their clients as well, especially if one of their employees has left. There is some stuff about this in the PAMs, but I'd have to dig it up.

If the application was lodged online, she should be able to import it with her TRN, so she can see where things are at. That would be the first thing to do. The application may well have been refused in the meantime and she may have become unlawful.In that case, even though the RMA is to blame, I think she will not receive any leniency.

I think a complaint to OMARA should be the next step.

 

[Ramah]

The applicant remains totally responsible for their application,but the firm the RMA worked for surely has obligations towards their clients as well. especially if one of their employees has left. There is some stuff about this in the PAMs, but I'd have to dig it up.

If the application was lodged online, she should be able to import it with her TRN, so she can see where things are at. That would be the first thing to do. The application may well have been refused in the meantime and she may have become unlawful.In that case, even though the RMA is to blame, I think she will not receive any leniency.

I think a complaint to OMARA should be the next step.

Thank you for your reply, Nick.

That's what I was afraid of, that she could have potentially become unlawful during this time.

I'll definitely suggest gaining access to her application, I actually didn't know that this was possible if she wasn't the one who lodged it (I believe it all was done online).

If she was to import it, would the agency still have access to it also?

I'm just hoping that Immi haven't made a decision on her application yet but at the same time I'm so mad at her for being too laid back about her visa all this time!

 

[CCMS]

Thank you for your reply, Nick.

That's what I was afraid of, that she could have potentially become unl

If she was to import it, would the agency still have access to it also?

I!

Yes, they would still have access and she should check her agreement to see if they allow her to do this (that is if she still wants to deal with them). She can also ask them to "share' the application with her, so she can access it through her own ImmiAccount. Obviously the agency should immediately check the status of her application, provide her with an update and take appropriate action.Be careful with VEVO checks, as they may raise red flags, if she has become unlawful.

 

[Ramah]

Yes, they would still have access and she should check her agreement to see if they allow her to do this (that is if she still wants to deal with them). She can also ask them to "share' the application with her, so she can access it through her own ImmiAccount. Obviously the agency should immediately check the status of her application, provide her with an update and take appropriate action.Be careful with VEVO checks, as they may raise red flags, if she has become unlawful.

Thank you for your help

I'm seeing her this evening so we'll see if we can get to the bottom of this.

The agency promised a call back so she's hoping she'll hear back from them on Tuesday.

I'll update once we know where she stands!

 

[wrussell]

Thank you for your help

I'm seeing her this evening so we'll see if we can get to the bottom of this.

The agency promised a call back so she's hoping she'll hear back from them on Tuesday.

I'll update once we know where she stands!

You cannot import a partner application.

Before you jump off the deep end, you need to know whether the form 956 indicated that another RMA was available to take over the application.

 

[CCMS]

You cannot import a partner application.

Before you jump off the deep end, you need to know whether the form 956 indicated that another RMA was available to take over the application.

Good points, Westley. I believe you may be right and that partner visas can only be shared, not imported. I seem to remember though that the acknowledgement letters had a bit about people accessing their applications by using the TRN. Fortunately they no longer provide that particular "advice". I also remember other RMA's complaining about people accessing their applications online and mucking around with them.

 

[Skybluebrewer]

She should at the very least be checking VEVO with her BVA grant letter.

 

[CCMS]

She should at the very least be checking VEVO with her BVA grant letter.

Not a good idea if she has become unlawful...

 

[wrussell]

From my service ageement:

24. If we are informed that you have contacted relevant authorities directly, without us advising you to do so, we cease to act in your case.

and

WARNING​

The OMARA is an essentially useless office that is part of the Department of Immigration and Border Protection and I have told them so repeatedly. With the stroke of a pen the minister can terminate them all as easily as s/he can terminate a perfectly valid visa application. The OMARA can do nothing about unregistered agents overseas or parliamentarians or DEPARTMENT OF HOME AFFAIRS officers who give, often incorrect, migration advice in Australia, or education agents who give catastrophically incorrect migration advice under the table. About all the OMARA can do, having received a complaint, is haul a registered migration agent over the coals - after the event. They cannot order repayment of money lost. They can do nothing when the minister (The Terminator) changes the rules in the middle of the game or one of his delegates or 'designated authorities' bungles your case. By the way, the 'average fee' misinformation published by the OMARA is just that.

 

[Ramah]

Thank you all for the input!

So maybe she should wait until they get back to her.

Would checking VEVO alert Immi if she has become unlawful?

I'm not 100% sure what forms she signed with the agent but if form 956 was initially completed, would she need to sign another if another agent from the same agency takes over? If so then this hasn't been done yet (she only found out that her agent quit yesterday).

P. S. Sky it's good to see you back here!! 😀

 

[CCMS]

Would checking VEVO alert Immi if she has become unlawful?

The Department of Home Affairs does monitor VEVO searches.

As far as I understand, both the former agent (unless his appointment was formally terminated) and the agency remain responsible for the application.

 

[wrussell]

All the OMARA can do is drag a RMA over the coals. All other parties are immune to their tactics.

If a complaint to the OMARA is made there would be a confllict of interest in acting further for a client.

Get the facts (and the fies?) and try to come to a satisfatory arrangement with the agency.