Our fixed price quote represents our standard fee for a sole applicant. Should you opt to include any dependent family members (e.g., spouse, de facto partner, child) in your application, additional fees MAY be charged at the rate of $750 + GST (if applicable) for each dependent applicant. This fee reflects the additional work required on our part where family members are included in an application. This additional fee does not apply in case the member of the family unit requires additional medical or character waiver. This constitutes a different application process.
Our fixed price quote represents our standard fee for a sole applicant. Should you opt to include any dependent family members (e.g., spouse, de facto partner, child) in your application, additional fees MAY be charged at the rate of $750 + GST (if applicable) for each dependent applicant. This fee reflects the additional work required on our part where family members are included in an application. This additional fee does not apply in case the member of the family unit requires additional medical or character waiver. This constitutes a different application process.
This fixed fee entitles you to consult with us in relation to the matters covered by the Scope of Service. If your question or issue requires further research and analysis beyond these matters, or should an additional service be required (for example, responding to a request by the Doha for further supporting information and/or documents following lodgement of the application), that work will be subject to an additional price negotiation before the service is performed. In such cases, a new invoice will be issued before delivery of the additional service, with payment terms agreed to by both parties in advance. Should you delay the application, not provide information as required, unnecessarily and continually have further queries, or request urgent preparation of your application over and above our standard timeframe, we reserve the right to charge an additional fee over and above the fixed price. In this event, we will provide you with a change order setting out the reasons for the additional fee. We will give you written notice of any material change to the estimated fees as soon as we become aware of the likelihood of a change occurring. We may, at any time, withdraw money from your client account to pay these fees and charges to the Department of Home Affairs (DoHA) on your behalf. We will give you reasonable written notice of the date by which any fee/charge is required, as well as written notice of each amount paid on your behalf.
We will hold all fees paid in advance in our Clients’ Account. After we have completed each block of work outlined above and issued an invoice that sets out the particulars of (and relevant fees for) each service performed, we are entitled to withdraw the fees relating to that block from the Clients’ Account. After we have completed each block of work outlined above, we will give you an itemised invoice containing the details of the services performed, along with the related fees payable. We are then entitled to withdraw the fees relating to that block of work from our client account, after which we will give you, a receipt identifying the invoice and the services to which the payment relates. You will also be invoiced for any charges or costs payable in relation to work or services performed under this agreement. We may then withdraw money from our client account to pay such charges or costs to the relevant party on your behalf, following which you will receive a receipt.
Should any interest be earned on deposits and/or funds held on your behalf (including funds held in our Clients’ Account), or should we accumulate ‘credit card points or similar benefits in paying fees, charges and costs on your behalf, such interest and/or points will accrue to the benefit of Achieve Migration. This will offset the costs of holding your deposits and/or funds, making payments on your behalf and administering, maintaining, and operating the Clients’ Account (these costs include bank charges). You will not be charged any additional accounting or service fees in recognition of this usage. To assist our clients, we have strategic alliances with several related service firms and organisations. We disclose that these bodies may pay a commission or referral fee in some instances. In addition, in some instances (by prior arrangement) we may pay a referral fee to agents that introduce clients to our practice. As the amount of any such benefits, if applicable, are not known at this stage, we will advise you of any amounts received or paid either when this occurs, or at your request. You accept that we are not providing expert advice in relation to the subject matter of any contracts or arrangements that are the subject of this clause, and that we bear no liability for any loss or damage to any person or entity resulting from the provision of non- migration advice. The sponsoring business agrees to have their brand/logo published on our website as part of clients that we have assisted to represent with the department of home affairs.
If exceptional circumstances arise after this agreement is signed that make it impracticable for us to perform some or all of the work defined in the Scope of Service for the fixed fee listed above, including (but not limited to): a change to the relevant immigration law that materially impacts your eligibility to make the application; a change in your personal circumstances that affects your ability to meet the relevant application criteria (for example, complex health or character issues); a request by the relevant authority for further supporting information and/or documents following lodgement of the application); or a request from you that we urgently prepare and lodge your application with the relevant authority (where you have not already paid a fee for such a service), we may vary the agreement and our associated fee to reflect the additional services or work that we are required to perform. We will give you reasonable written notice of any proposed variation to our fixed fee, and you must provide your written consent in accordance with our terms and conditions before we perform the additional work or services.
If these charges increase (or any additional charges are added) AFTER this contract is signed, you will be given reasonable notice in writing of the relevant increase or additional charge, and you must provide your written consent to this change and pay the balance owing before the application is lodged. Please note that DoHA charges are indexed annually on 1 July, and are generally increased by up to 5%, although other changes to charges may occur at any time.
The DoHA applies a surcharge to application fees and charges paid by credit/debit card or PayPal. The surcharge is a percentage of the total amount of application fees and charges payable and is based on the payment method used. The applicable surcharge for our payment method (Visa or Mastercard) is 1.40% of the relevant application fees and charges. Please note that the surcharge amount may be rounded to the nearest dollar, in accordance with our payment policy.
The DoHA may require payment of this additional charge for any applicant who is in Australia when applying for this visa and has previously applied for a temporary visa whilst in Australia. We will need to assess your visa application history to determine whether you (or any family members included in your application) are required to pay this charge. Other costs that may be associated with your application, depending upon your circumstances including but not limited to English test, health examination and cover, Australian and character police certificates, translation/interpreters, international telephones calls, couriers and additional time spent due to further client requirements, these will be billed at cost.
To the extent that anything in this agreement, any written document or anything spoken by us prior to the date of this agreement could be taken to (impliedly or expressly) confer or grant any rights in relation to our Intellectual Property Rights, they are void and of no effect. You are not entitled to use any of our Intellectual Property Rights whatsoever. You agree to indemnify us for any loss or damage we incur, or any commercial benefit you or any third party makes, from your breach of this clause.
The migration services covered by this agreement will be provided by the Principal Agent and/or may be delegated to other Registered Migration Agents that Achieve Migration engages from time to time, including (but not limited to) the agents listed above. Administrative services may also be provided by other staff employed by Achieve Migration. The Principal Agent will properly supervise the work carried out by any staff working for Achieve Migration. These conditions and all aspects of our performance of services under the agreement are governed by, and both parties agree to be bound by, the law of the state of NSW, and the Code. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state of NSW and/or the Migration Agents Registration Authority. The services to be performed under this agreement include (but are not limited to): Visa eligibility assessment (this includes analysis of the applicable law and policy, and its application to your circumstances and goals). Providing advice and assistance in relation to the information and documents required to support your application. Preparing your application, including any necessary application forms, and supporting submissions. Compiling your application in the required form for lodgment. Lodging your application with the relevant authority for processing as soon as practicable
The following services are not included in our agreement: Services relating to reviews and appeals (unless elsewhere specified). Professional services required by changes in immigration law or policy after acceptance of this contract. Request for information under section 57 or false/misleading documentation. Services relating to any associated sponsorship or nomination applications. Services relating to your departure from your country of origin, travel to and entry into Australia. Professional services required in response to a court order, subpoena, or other legal process to produce documents or testimony relating to information obtained or prepared under the agreement. Any services required after the lodgment of your application, unless expressly included above (i.e., any services other than monitoring your application’s progress and notifying you of any requests or communications received). Should you require us to provide further professional services after your application is lodged, another agreement must be entered into, and additional fees will apply.
We estimate that it may take several hours to lodge your application, with the time taken largely dependent on when you provide the necessary supporting information and documents. The timeframe for a decision regarding your application is dependent upon the relevant authority’s processing time service standards for this matter. Please note that the actual time that it takes to process your application may also vary depending upon several other factors, including the complexity of your case, perceived risk factors and processing priorities. Should your matter exceed the stated processing standards, we will contact the relevant authority to bring your matter to its attention and facilitate processing. Please note that we have no control over processing timeframes, and that we cannot guarantee that your application will be approved or decided by a certain date.
Either party may terminate this agreement at any time by giving reasonable written notice to the other party. If we terminate the agreement, we must comply with the requirements of Clauses 10.1A and 10.1B of the Code. We must terminate the agreement if a conflict of interest listed in Part 2 of the Code arises that is not declared in clause 12 of this document. In the event that such a conflict occurs, we will notify the relevant authorities that we no longer act for you and will advise you about appointing another agent. If the agreement is terminated, you must pay any fees, charges and costs outstanding, as detailed in the subparagraphs below, for work that we have already performed. In this event, the following rules will apply: The professional fees payable by you will be calculated based on the percentage of work undertaken in relation to the block of service now of termination plus 50% of each full number of remaining block(s) of service(s) as in the agreement.
You must also reimburse us for any charges or costs incurred on your behalf as of the date of termination. We will provide you with a final invoice itemizing the services we have performed and the resultant fees, charges and costs payable by you following the agreement’s termination; You will not be required to pay any fees for work that we have not yet performed. If applicable, any excess funds held in your client account will be itemized on your final invoice and will be refunded to your nominated account. If the agreement is terminated, you must sign any forms required to evidence the agreement’s termination to the relevant authority’s satisfaction. When the agreement is terminated, we must deal with your file in accordance with Part 10 of the Code.
Neither party will be liable to the other for any failure to perform the party’s obligations under this agreement by reason of circumstances beyond the party’s reasonable control, including (but not limited to) natural disaster, health epidemic or pandemic, governmental actions or war (‘force majeure event’).The party prevented from carrying out its obligations must: Notify the other party as soon as practicable after the force majeure event occurs, and provide information concerning the force majeure event, including an estimate of the time likely to be required to overcome it. Take all reasonable steps to overcome the force majeure event and mitigate its effects. Continue to perform its obligations as far as practicable. Irrespective of the above, if a force majeure event occurs and its effects continue for a period of 14 days, either party may terminate this agreement by providing reasonable written notice in accordance with clause 5(a).
We agree to keep securely, and in a way that ensures confidentiality, all documents that you provide or pay for (or that are provided or paid for on your behalf) until the earlier of: Seven years after the date of the last action on your file; or When the documents are returned to you or dealt with in accordance with your written instructions. We agree to keep all other records required by Clause 6.1 of the Code for 7 years after the date of the last action on your file. After this date, we may destroy the documents and records above in a way that will ensure confidentiality. You will collect your original documents from us within 21 days of the finalization of the application. You will provide us with a receipt upon return of any original documents. You have the right to receive a copy of your file upon payment of $110.00 for archive retrieval and copying costs. If we are required to respond to a subpoena, court order or other legal process for the production of documents or testimony relating to information obtained or prepared under the agreement, you will compensate us at the prevailing hourly rate (see Schedule of Fees), for the time that we expend in connection with such response, and you will reimburse us for all out-of-pocket costs that we incur in this regard.
We adhere to the underlying values contained in the Australian Privacy Principles contained in the Privacy Act 1988, as a matter of internal policy and in compliance with the Code. We will maintain the confidentiality of all information divulged under the agreement, except as required by law or as modified by the agreement. Your documents and information may be stored physically and/or electronically by us. In some cases, documents and information may be stored on third party servers that are located outside Australia. We will take all reasonable steps to ensure that your information is protected from unauthorized release or disclosure. The information that you provide to us is collected, used, and disclosed to other entities in the furtherance of your application, where there is a reasonable expectation that it will be used and disclosed by us. Other entities to which your information may be disclosed include (but are not limited to): The DoHA; Skills assessing authorities; The sponsor, or the person whom you are sponsoring or nominating for a visa (for family sponsorship or employer sponsorship/nomination purposes). In particular, you expressly agree that any Information that may adversely affect the outcome of the application (for example, health, character or business-related issues) may be disclosed to your sponsor (or the person whom you are sponsoring or nominating); Dependent family members included in your application; Regional Certifying Bodies; Educational institutions (for Student visa and RPL applications); State or Territory Governments (for State or Territory sponsorship/nomination purposes); The Australian Federal Police and/or foreign police services (where you request that we apply for police clearances on your behalf); Any entity to which you have authorized disclosure of your information. We may use the information that you provide to conduct market research, determine website usage and for direct marketing purposes related to our business (for example, our regular newsletter service).
We may search for your current visa entitlements using Visa Entitlement Verification Online (‘VEVO’) at any time during the term of this agreement and while you are using our services, as we deem necessary to determine your status in Australia and your eligibility to lodge the application. We disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by or to us in connection with our performance of services under the agreement. You agree that we bear no liability for any loss or damage to any person or entity resulting from the use of email transmissions or our website services, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.
If a dispute arises out of or relating to the agreement, or the breach, termination, validity, or subject matter thereof, or as to any related claim in restitution at law, in equity or pursuant to any statute: the parties agree to discuss the dispute with the aim of reaching a concord that is acceptable to both sides. This will be documented in writing, dated, and signed by both parties. If one party requests an opportunity to discuss the dispute, the parties should attempt to reach a concord within 21 days of that request (or a longer period if agreed between the parties). If the parties cannot reach a concord within 21 days, the parties agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by the ACDC and accepted by the parties. The results of any such mediation will be binding only upon the agreement of each party. It is expected that any fees payable to the ACDC or to the person appointed by the ACDC will be paid by the parties equally. If the parties have been unable to resolve their dispute through the ACDC, either party may commence Court proceedings, but not before. The expiry of 28 days from the date of referral to the ACDC. Court proceedings are strictly limited to the State or Territory of our principal office. You may seek to vary the procedure set out in this clause if you, or the employee, can establish that the DoHA requires you to immediately depart Australia.
It is unlawful for anyone to give immigration assistance in Australia if they are not a registered migration agent, Australian legal practitioner or exempt person. Any person who gives unlawful immigration assistance in Australia should be reported using the Border Watch Online Report on the Department of Home Affairs (the Department) website. It is important to know that any person who helps with your immigration matter cannot guarantee you a visa.
Registered Migration Agents
Registered migration agents must meet professional standards, follow a Code of Conduct and maintain up-to date knowledge of migration law and procedure.
All registered migration agents have a unique Migration Agents Registration Number (MARN). You can check if a person is registered on the OMARA website www.mara.gov.au
The Office of the Migration Agents Registration Authority (OMARA) is part of the Department and is the regulatory body for registered migration agents in Australia. The OMARA:
The OMARA cannot help you with a visa or sponsorship application or order a registered migration agent to refund fees to you.
Code of Conduct
The Code of Conduct for registered migration agents requires registered migration agents to:
Concerns about Registered Migration Agents
If you have a problem with you registered migration agent, try to resolve it with them first. If you cannot resolve the matter with your agent, you can contact the OMARA if you need help. You can lodge a complaint about your registered migration agent by completing the complaint form on the OMARA website.
Making a complaint will not affect your current visa application, or change the outcome of a previous visa refusal or cancellation decision.
Australian Legal Practitioners and Exempt Persons
Certain people, such as Australia legal practitioners and exempt persons, do not have to be registered as a migration agent to provide immigration assistance in Australia.
Australian legal practitioners must act in accordance with the professional conduct rules of their relevant legal authority. If you would like to lodge a complaint about a legal practitioner read the “Consumer guide – legal practitioners”, available on the Department’s website.
Exempt persons include close family members and sponsors. A full list of exempt person can be found on Form 956 – Appointment of a registered migration agent, legal practitioner or exempt person. Exempt persons cannot charge a fee for providing immigration assistance.
Ending an Appointment
If you want to end an appointment complete Form 956.
Translating and Interpreting Service
Speak to an interpreter through the Translating and Interpreting Service (TIS National)
CODE OF CONDUCT
MARN: 0959259 Registered Agents are bound by a Code of Conduct to protect your rights as a client. You can access the code here.
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