Partner Visa 309 PIC 4020 waiver applied with dodgy agent

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Partner Visa 309 PIC 4020 waiver applied with dodgy agent


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Old 09-26-2019, 11:13 AM
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Partner Visa 309 PIC 4020 waiver applied with dodgy agent

Hi first I wanted to say this forum has helped me alot and allowed me to do our partner 309 visa application on our own after having a horrible experience with a tourist visa refusal with a dodgy agent. The partner visa was approved with the 309 and 100 approved at the same time all thanks to the amazing lawyers and forumites on here.

Now, I hope to get a bit (actually more like alot) of help from all of you for a close friend of mine who isn't tech savvy but needs some advice. They used a the same dodgy agent I used for our denied tourist visa.

The application is partner visa 309.

Sponsor: Female Australian citizen 3 kids under 18

Applicant: Male from western Africa with 4 minor kids living in Portugal but west African citizen.
They are both are originally from the same country.

Before they applied the agent (who charged $4000) told them not to list the husband's kids because it would complicate the application and that they can apply for the kids after he arrives in Australia. When I applied for our failed tourist visa I had asked him what happens if he gets the tourist visa and is given a no further stay. His response was " when he arrives we can always apply to get it removed". He gave me a bad vibe.

After applying the couple received a letter from immigration stating that someone (they don't know who) had sent them information saying that he has 4 kids and girlfriend and why they didn't put that on the application when asked about kids and previous relationships. They were told they had 28 days to respond. The agent sent a copy of this letter to the Couple and told them that they had to write a response and will charge them $1000 to read the letter and add/send it. He didn't explain the letter or anything either.

After they sent the response they received a "invitation to comment" letter and failure to satisfy PIC 4020 due to providing misleading information about the children and previous relationship and the standard give us compelling reasons to waive PIC 4020
The lawyer just sent the letter didn't explain it just told her to go to the doctors and psychologist (didn't say why) and wants another $1000 to add information. Mind you he isn't helping them on how to do it.

I agree they should have put the kids but this lawyer is unscrupulous. Can anyone advise them on what to do and do they stand a chance? I sent her a link to Mark Northams website but again she isn't tech savvy and is in Melbourne. Any advice?


Last edited by Mart19; 09-26-2019 at 11:43 AM. Reason: Spelling

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Old 09-26-2019, 08:16 PM
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My advice: stay away from dodgy operators. In the end the visa applicant is responsible for providing incorrect information, whether it is done deliberately or not.

If this operator is registered, report them. If not, they only got themselves to blame for this situation.

I wouldn’t be very optimistic about obtaining a waiver, as there was a clear attempt to conceal relevant information..

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Last edited by CCMS; 09-26-2019 at 10:34 PM.

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Old 09-27-2019, 03:31 AM
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Quote:
Originally Posted by CCMS View Post
My advice: stay away from dodgy operators. In the end the visa applicant is responsible for providing incorrect information, whether it is done deliberately or not.

If this operator is registered, report them. If not, they only got themselves to blame for this situation.

I wouldn’t be very optimistic about obtaining a waiver, as there was a clear attempt to conceal relevant information..
Thanks! That's why after I found out he was dodgy I didn't use him for my partner visa. The sad part is I gave them BOTH(the applicant and sponsor) the partner visa handbook and they knew how he had failed us on the tourist visa but they still decided to go with him because the lawyer had asked for a non refundable $2000 deposit months before they applied.

They still decided to go with him and I know the onus is on them even if he gave them illegal advice. All the adults in this whole scenario make me so mad because I warned them!

I don't know what the process is normally is with applying for a partner visa but is it standard that lawyer asks extra payments to add documents? Also they told me he didn't even break down what the natural justice letter was about.

Even if getting a waiver is slim is it automatic that the 3 year ban will apply or its per discretion?


Last edited by Mart19; 09-27-2019 at 03:34 AM.

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Old 09-27-2019, 06:50 AM
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Quote:
Originally Posted by Mart19 View Post
I don't know what the process is normally is with applying for a partner visa but is it standard that lawyer asks extra payments to add documents? Also they told me he didn't even break down what the natural justice letter was about.

Even if getting a waiver is slim is it automatic that the 3 year ban will apply or its per discretion?
The standard fee would just cover a standard application. Any issues regarding health, character or any other complications would be charged extra. All this should be covered in the original cost agreement.

Any documents sent by the Department to the agent, should be passed on in full to the client.

PIC 4020 is extremely nasty and its implications can be brutal. The 3 year exclusion period will apply automatically unless a waiver is granted.

If this person is MARA registered, they will be able to lodge a complaint. If not, they will be at the mercy of the local justice system.

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Old 09-27-2019, 10:45 AM
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Thank you for all your help. PIC 4020 are the last words any person wants to hear but it's usually self inflicted.

They now have 28 days to respond but I don't hold out much hope for them. If they do go ahead it's going to be one expensive and long ride that could essentially amount to nothing. The new lawyer is saying 50 percent chance of grant. I'm not a migration agent or lawyer but I feel like its such an exaggeration?

If it was me I would go live in the sponsors country for a couple of years because your chances of success are slim to none. It's not like he is living in a war torn country.

Thanks again for your help.


Last edited by Mart19; 09-27-2019 at 11:43 AM.

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