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  #11 (permalink)  
Old 08-07-2019, 11:46 AM
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wow , your post summed it up brilliantly Allergiac . But I am biased
as I tend to avoid agents if possible and even do my own conveyancing in last 40 years when buying and selling houses in UK and OZ and only
mild problem I had once was when the other party's solicitor tried to use
obstructionist tactics which were a bluff and i called it out for what it was . Of course they try hard to keep the easy bed and butter money in the
family , ie solicitors ! ( smile ) . On one occasion a buyer's solicitor said she
would not deal with me and the buyer just found another solicitor who would as he obviously was keen to buy my house . Sorry to go off topic but I feel
strongly about it ! ( smile ) .
having said that , people who are nervous about making mistakes or get
too stressed out might well be wise to emply an agent if they can afford it . or maybe they can make more money in their work in time they save than the cost of agent fee. have a nice day .

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Old 08-07-2019, 02:37 PM
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Hi All -

Interesting discussion! Another factor to consider is the relative complexity of cases - in my own experience, people come to me for partner visas when they have difficult cases - the simpler ones (with higher chance of success in many cases) are done DIY. This might contribute to why, assuming the stats are accurate, the refusal percentage is higher for represented cases - these cases may inherently be higher risk or more complex cases where even getting representation is not enough to reduce the risk factor to be equal to the typical risk factor for DIY cases.

There is also the issue of the appetite for risk of each agent/immigration lawyer. Some agents/lawyers only take "safe" cases, while others are willing to assist in riskier cases. A classic example is a case where there is some sort of judgment that the case officer needs to make where a waiver is concerned - for instance, a client has already sponsored 2 partners for partner visas in the past and wants to get a waiver of Regulation 1.20J which limits the lifetime sponsorship to 2 people for partner visas. Client claims one of the previous marriages was a "set-up" where the partner fled as soon as they received PR, etc. Will DHA believe the client and grant the waiver or not? Will an agent take a case where there is, clearly, a substantial risk of refusal? We do these cases as long as I believe the applicant is being truthful and accurate and that we have a reasonable chance of getting the waiver either at the DHA level of the AAT level, however some agents I know won't go near this type of case, usually because either they don't want the "hassle" of having to make legal arguments (or are uncomfortable doing so) or they don't want to risk a refusal. Other agents take these cases but tell the client there's "no problem" and essentially fail to disclose the true level of risk, choosing instead to blame DHA or others when the case goes south. Either way, there is a nice spectrum of agents out there who have all different types of appetites for risk and manage their caseload accordingly.

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  #13 (permalink)  
Old 08-07-2019, 10:06 PM
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good points Mark and I can see what you mean in your first pargraph .
I was interested to read your comments on second sponsorships or even a
3rd in exceptional circumstances . I suffered from deceipt and careful planning by my ex wife and Russain mafia( joke ) who amazingly was allowed to remain in OZ
as immigration not interested in sponsor's version of events and even substantial proof and told to "butt out" in effect after sponsorship withdrawn. I have had to wait 5 years from 8.2.14 to sponsor another lady - hit by a
double whammy ! ( smile ) . At my age it was especially hard !
I had understood that no exceptions to the rule about a maximum of TWO
sponsorships but I bow to your superior knowledge .
Thannks again for comments .


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  #14 (permalink)  
Old 08-07-2019, 11:40 PM
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Hi Cookbarry -

You're right - they cut the sponsor off completely if the relationship breaks down, however that doesn't prevent the sponsor from sending information to DHA (or the AAT later) which may be considered in assessing, for instance, whether a genuine relationship ever existed between the applicant and sponsor. I had a case last week where this very scenario happened.

Re 1.20J waiver - it's something that (like many things) historically has not advertised on their website - but it's definitely in the legislation and described in detail in the PAM3 DHA policy on 1.20J - the most common usage of this is the situation where a sponsor is "used" for a visa etc, and circumstances where the third marriage ends up with a child and the child's parents would not be able to be together unless the waiver is granted.

Best,

Mark



Quote:
Originally Posted by cookbarry View Post
good points Mark and I can see what you mean in your first pargraph .
I was interested to read your comments on second sponsorships or even a
3rd in exceptional circumstances . I suffered from deceipt and careful planning by my ex wife and Russain mafia( joke ) who amazingly was allowed to remain in OZ
as immigration not interested in sponsor's version of events and even substantial proof and told to "butt out" in effect after sponsorship withdrawn. I have had to wait 5 years from 8.2.14 to sponsor another lady - hit by a
double whammy ! ( smile ) . At my age it was especially hard !
I had understood that no exceptions to the rule about a maximum of TWO
sponsorships but I bow to your superior knowledge .
Thannks again for comments .

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  #15 (permalink)  
Old 08-08-2019, 01:53 AM
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No idea what DHA or AAT are without googling it but my situation was different and it was a so called genuine relationship but lack of communication not helped because my Russian wife spoke very little English . i got emails for 2 months after she
secretly left me ( could write a book on it !!) saying she missed me , loved me etc
but proved her story about DA was nonsense - such is life ! ( smile ) . Thanks for your comments .


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  #16 (permalink)  
Old 08-08-2019, 02:11 AM
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Hi Cookbarry -

Wow - an interesting story. Sorry for the abbreviations - DHA = Department of Home Affairs (immigration dept); AAT = Administrative Appeals Tribunal, where you can appeal certain onshore refusals to and get a second chance at a decision on a visa, cancellation, etc.

Best,

Mark




Quote:
Originally Posted by cookbarry View Post
No idea what DHA or AAT are without googling it but my situation was different and it was a so called genuine relationship but lack of communication not helped because my Russian wife spoke very little English . i got emails for 2 months after she
secretly left me ( could write a book on it !!) saying she missed me , loved me etc
but proved her story about DA was nonsense - such is life ! ( smile ) . Thanks for your comments .

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  #17 (permalink)  
Old 08-08-2019, 03:10 AM
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Quote:
You have 100% success rate because you can tell when a potential client is not eligible so you refuse them. (I don't blame you for it).
I have NEVER refused to represent a client for a partner visa and I have NEVER had a finalised partner visa refused and when I have had to take a case to review to win it, I have done so pro bono.

I have advised thousands of prospective partner applicants to do it themselves, some of whom contacted me from this forum. Where English is their native language, I warn them that it is not sufficient to meet all the relevant criteria, there must be documentary evidence to satisfy the delegate and I usually leave it at that.

Some prospective partner applicants, having received a service agreement are sufficiently emboldened to do it themselves, all they wanted was advice from a RMA that it could be done. If I were in this caper for the money, I would start charging for these assessments.

Years ago, I was warned by a barrister that claiming a 100% success rate could be construed as a claim that a particular outcome would be obtained, putting me in breach of clause 2.14A of the Code of Conduct that reads:

A registered migration agent must not represent that he or she can procure a particular decision for a client under the Migration Act or the Migration Regulations.

To which I say - sue me!

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Last edited by wrussell; 08-08-2019 at 03:13 AM.

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  #18 (permalink)  
Old 08-10-2019, 01:46 AM
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On the topic of 'cherry picking' clients, I have sucessfully represented:

a man who had been convicted of cultivating a commercial quantity of the dreaded weed and selling it, a man who allegedly assaulted an immigration compliance officer who was trying to apprehend him for working illegally, a man who was sentenced to 18 months (suspended) for possession of a prohibited substance for personal use, cases involving HIV+ hepatitis B diabetes, an applicant who was serving a lengthy custodial term for having sexual intercourse (or words to that effect) with a handicapped child. For the sake of his children I undertook this last case on a contingency basis and never was paid; my first and last no win-no fee case.

I have sucessfully reprresented DIY applicants who had been refused a visa as many as three times. Nowadays I mostly refer these cases to a colleague who is renowned for 'turning around' refusal decisions.

If prospective applicants do not qualify, but might take steps to do so, I let them know, usually for a consultation fee.

I relish it when people who know little, tell me everything they know.

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  #19 (permalink)  
Old 08-10-2019, 04:12 AM
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Quote:
Originally Posted by cookbarry View Post
Obviously they are constantly looking for business as anyone would be in their position I guess . perhaps a modest fee for answering a question would be good for those visa applicants and their sponsors who can not be bothered to do own research or too busy to do so . anyway , best of luck .
I provide 15, 30 and 60 minute consultations as well as fixed fees for the entire visa application process.

I provide some free advice on this forum and in a volunteer role elsewhere when I feel like it. I don’t use this forum to tout for business, although the exposure is of course a bonus.

What I strongly dislike is the expectation that registered migration agents should provide free advice or a free initial consultation. Not sure why people think I should work for free for them. I doubt they would provide any free services themselves.

Not everyone uses a registered migration agent, because their case is complicated. Many people just do not want to deal with it on their own. It’s no different from using an accountant, a mechanic , a gardener or some other service provider.

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Last edited by CCMS; 08-11-2019 at 08:25 AM.

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Old 08-10-2019, 05:04 AM
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On using a Migration Agent.

Some time ago I said that if I ever needed to do another Partner Visa application, I would need a very good Registered Migration Agent. I never said why.

When I had a beer with CCMS, over a general discussion on my history - his reply was along the lines of "your stuffed then" in relation to a Partner Visa.

I know that he knew what he said was not 100% true, but the knowledge that was/is evident made it a pretty accurate statement (certainly at the time).

Should I ever look at another Partner Visa application, I would not want or need a free or paid consultation. I would simply engage a RMA and that would be from the list recommended on this forum.

The one I would use would be based on a few things, the two main factors would be applicants "home country/s" and their current location.

I do not think any of the RMA's on that list would reject to do my application, and it would be challenging with a good chance of refusal but with a possibility.

Over the years I have seen many, very many posts where the original poster clearly needs a MRA. Many members and RMA's see this and say get professional help (an RMA) or if a break up a Lawyer (both if you are the applicant).

I do not see that as drumming up business - just honest facts.

As for other forums - some have some RMA's they should consider "not wanted" in my opinion.


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