logo

Visa Application Ethics and Legal Obligations

   

Added on  2020-03-04

8 Pages2032 Words41 Views
 | 
 | 
 | 
Running head: IMMIGRATION LAWImmigration LawName of the StudentName of the UniversityAuthor note
Visa Application Ethics and Legal Obligations_1

1IMMIGRATION LAW Question 1ToMr Jeffrey JacobAddress: Subject: Migration Advice letter Dear Mr Jacob,The purpose of this letter is to provide you knowledge about the ethical, proceduraland accounting provisions which has to be adhered by a migration agent while providing Visaservices to the clients in Australia. It is the duty of the migration agents in Australia to basetheir actions with respect to the provisions of the code of conduct established throughschedule 2 of the Migration Regulation 1998 along with the provisions of the Migration Act1958.Section 314 of the MA states that every migration agent has the duty to abide by thecode of conduct imposed upon them while performing their professional activities1.As provided by Section 313 of the MA until and unless a statement of services isprovided by a registered migration agent which has details about all the services to beprovided to the client along with all the cost which would be incurred by the migration agentwhile providing such services, no client is liable to pay any fees to the migration agent.Therefore, in this case you must provide Wood Engineering with all the details about theservices which would be required for the successful application of work skilled temporaryvisa subclass 457. In case search statement is not provided to Wood Engineering, they wouldhave the right to recover any amount paid by them in relation to the Visa services.1 Migration Act 1958
Visa Application Ethics and Legal Obligations_2

2IMMIGRATION LAW According to the code of conduct for migration agents in Australia the fees which ischarged by them for the services provided has to be reasonable and fair the fees is set by theagent based on the situation. The fees may be based upon the type of visa application, timetaken to prepare the visa application, the level of service needed extra help in complexcircumstances and the qualification and experience of the agent. It is the duty of migration agents to provide the Migration Agent RegistrationAuthority (MARA) with data every year for the level of fees charged by them. Normally thefees for temporary work skilled subclass 457 visa varies from $1800 – 5000. In case of aninitial consultation fees the agent must provide the client in writing about the fees charged bythem. It is the duty of every agent under the code of conduct to provide the clients with thewritten statement with respect to the fees charged by them for their services. The writtenstatement must include fees, such as professional fees which maybe either by service or bythe hour along with other disbursements such as the visa application charges. The migrationagent has to ensure that the agreement terms are accepted by the client in writing via theagreement for services and fees. The agreement has to include the services which would beperformed by the agent along with the information discussed above.In case the clients are charged before the service is completed a bank account knownas the “clients account” has to be created. This account is totally separate from their personalbank account or business accounts. The money in the clients account cannot be used by theagent until and unless they need to use it to pay for some services in relation to the visaapplication. Only when the services have been completed can an agent take out money fromthe clients account for professional fees.Immigration assistance provided by the migration agent is dealt by part 3 of theMigration Act 1958. As provided by section 312A a migration agent must notify the
Visa Application Ethics and Legal Obligations_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Conveyancing Disbursements & Visa Applications
|10
|2012
|46

Ethical Dilemma for Migration Agents
|9
|2085
|350

Australian Visa Law and Practice
|8
|1978
|271

Migration Law and Visa Applications
|9
|1969
|141

Migration Agent Duties and Ethical Responsibilities
|11
|1955
|74

Migration Agent Ethics and Legal Obligations
|9
|2111
|49