IMMICON Pty Ltd (www.immigrationtoaustralia.com.au & www.immicon.com.au ) provides Australian Visa/Immigration services subject to the following terms and conditions.

Definitions

“We”, “our”, “us”, “IMMICON” or “IMMIGRATIONTOAUSTRALIA” shall mean Immicon Pty Ltd including a representative directly employed or as a Subcontractor working on behalf of the company.

Immicon business address is 55C Kooyong Road North Caulfield, VICTORIA 3161 Australia

“Client” or “you” or “your” means the individual (which can include an individual as a representative on behalf of a company) visiting the IMMICON website, whether they have purchased a service or not.

“DOHA” means Department Of Home Affairs

“Service” means one of services provided by IMMICON.

“Terms” means these terms and conditions.

“Working Day” means a day on which banks are open for business in Melbourne, Australia.

“Website” means www.immicon.com.au & www.immigrationtoaustralia.com.au

“Application” shall mean the provision of advice, preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorization, including but not being limited to skills assessments, pre-lodgment services, points test advice applications, work permits, visas applications, expression of interest (EOI), reviews, tribunal cases, occupations assessments, business plans, sponsorship approvals, petition approvals, landing rights, changes or adjustments of status, naturalization and citizenship, which benefit or authorization may be conferred by any government in the World.

“Fees” shall mean any sums due to us for services rendered plus any taxation or other governmental fee, levy or penalty applicable thereto, including but not being limited to GST.

Access to the Migration Advice Professional Document

Please be aware that to comply with the Department of Immigration regulations, you are required to read the document titled “Consumer Guide”.  A link to this document is provided in your Registration email.  The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to National Visas. Please see the link to this document below: https://www.mara.gov.au/media/152338/consumer_guide_english.pdf

Live Migration Consultation

During the live consultation a Registered Migration Agent will ask you a series of questions in order to assess your eligibility for Migration to Australia under the various visa classes. It is intended to provide an initial indication of your eligibility.  IMMICON can indicate to you the likelihood of success once you complete a full assessment. IMMICON does not guarantee any outcome in relation to any application you may lodge in the future. The final decision is always made with the DOHA. IMMICON will endeavor to prepare and submit your application as decision ready as possible to give you the best chances of success.

As Australian Immigration law is subject to regular legislative and other practical changes you need to complete the Online Consultation process to enable one of our Registered Migration Agents to provide a comprehensive assessment of your personal situation.  Further assessment is required by one of our Registered Migration Agents to determine your suitability for an application, particularly in relation to English Language ability, family or state/ territory sponsorship and/ or your suitability for an occupation you select (if appropriate for your application). This may also involve third parties for example an English testing approved body or skills assessing body…

If you wish to obtain a comprehensive assessment of your eligibility for an application, you should book a live Online Consultation.  You will then be in an informed position to be able to decide the next step you wish to take.

Personal Profile

If you use the website, you are responsible for maintaining the confidentiality of your Personal Profile and password, and for restricting access to your internet devices, and you agree to accept responsibility for all activities that occur under your Personal Profile or password.

Ask a Question, Skype, Phone or Office Consultation

You can utilise the Live Consultation to ask questions or have a full consultation.

General Information

Immigration legislation and policy is subject to frequent change – some of these are retrospective but most are not.  All advice and work done by IMMICON is based on the legal and policy requirements which are applicable and publicly available at the time you engage our services.

There are three scheduled times of the year during which the Department of Immigration legislation, policy and processing fees undergo significant amendment – 1 March, 1 July and 1 November. However, amendments can occur at other times.

There is sometimes a time lag between the date when legal and policy changes come into effect and the date when the text of these changes becomes publicly available.  IMMICON cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the service is provided or which may occur after the service has been provided to the client (Full Migration Service clients – If such changes affect the application, we will advise you as soon as possible and take any necessary action to deal with it).

The client is encouraged to seek additional guidance from one of our Registered Migration Agents and/or make independent enquiries before relying on the information provided as part of the service.   We must point out that although we will use our best endeavors to ensure the success of the application, we cannot guarantee that it will be approved.

Goods and Services Tax

All amounts paid by you within Australia are subject to a 10% Goods and Services Tax (GST). This amount is included in all fees displayed on the website or quoted by staff. Fees paid from outside of Australia do not attract GST. There is no GST applicable to the Department of Immigration lodgement fees.

Responsibilities of the Client

On entering this agreement you agree to:

• Provide accurate authentic and complete information to IMMICON throughout the period of engagement;
• Advise IMMICON as soon as any of the information provided to IMMICON becomes inaccurate or incorrect;
• Authorize IMMICON to conduct any checks on the government’s Visa Entitlement Verification Online (VEVO) online system as are reasonably required to determine your immigration status, or to assist in the provision of immigration assistance or to inform you of your right to work in Australia or other Visa entitlements or restrictions;
• Pay the fees and disbursements;

Failure to meet any of these terms may result in a weakened and ultimately unsuccessful application. IMMICON will not be obliged to refund fees if this occurs.

Information Provided by the Client

IMMICON will use and rely on information provided by the client in the provision of the service without having independently verified or assumed responsibility for the accuracy or completeness of such information.  Accordingly, the information provided by the client must be correct, including contact details such as e-mail, etc.  If the information provided by the client is not correct, the service may not be accurate.  Any advice provided to you should not be used by a third party as each case is subject to different documentation and form completion requirements according to individual circumstances. Please note the DIBP takes serious action in cases where information has been purposefully withheld and where false and fraudulent information has been provided. This may result in further work needed to be undertake on your application and additional fees as well the very real possibility that your application can be refused.

Code of Conduct

Under Australian law, any migration agent who provides advice within Australia must be registered with the Office of the Migration Agents Registration Authority (OMARA).  OMARA is responsible for administering the Code of Conduct (“the Code”), which governs Migration Agents’ behaviour in regards to such issues as character, competency, diligence and fairness.

Migration Agents are also required to provide a copy of the Information on the Regulation of the Migration Advice Profession (Consumer Guide).

A copy of the Consumer Guide can be found at the link below:

https://www.mara.gov.au/media/152338/consumer_guide_english.pdf

A copy of the Code of conduct can be found at the link below:

https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf

Amongst other code requirements, IMMICON undertakes the following:

• Confirm your instructions in writing;
• Act in accordance with your instructions;
• Keep you fully and regularly informed in writing of the progress of your application;
• Provide you with a copy of the Code, upon request by you; and
• Within a reasonable amount of time after your application is determined, inform you in writing of the outcome.

Please understand that registered migration agents are prohibited from making a statement, or encouraging the making of a statement, in support of an application under the Migration Act 1958 or the Migration Regulations 1994, which they know or believe to be misleading or inaccurate.

As part of the Immigration to Australia full service package you are also entitled to receive, upon request, written progress reports and copies of your application and the ancillary documents. As a general rule, it the practice of IMMICON to update the client as things further progress.

Notification Obligations for Immigration to Australia full Migration Service Package

As your representative before the Department of Immigration – DIBP, it is imperative that you or the applicant consult your migration agent before communicating with the Department of Immigration or taking any action which may affect your visa status or application.  The types of events which could affect the application include:

• Insolvency or bankruptcy;
• Change of address or other contact details;
• Changes in your marital status, health, citizenship, employment status; or
• The incurring of civil or criminal liability by you or any accompanying family member

Your health status and the health status of any accompanying family members are also relevant. All applicants for a visa must satisfy mandatory health requirements.  If you or one family member fails to do so, all applicants for the visa will be refused even if all the other eligibility criteria have been satisfied.

It is essential that IMMICON be advised of any changes of address or contact details in a timely manner. Migration legislation deems a person to have received the Department of Immigration correspondence if it was sent to the last known address given to the DIBP regardless of whether or not they have in fact received it.

If a migration agent is acting for you, you will be deemed to have received correspondence sent to the migration agent. IMMICON will not be liable for any adverse consequences that may result from your failure to notify changes of address or contact details in a timely manner or to keep IMMICON informed of any change in your circumstances.

Period of Engagement

It is difficult for IMMICON to provide an exact time frame to complete the service. This will be dependent on the service purchased and speed with which information is received from the client, as well as the time taken by the relevant third party body/authority and/or the Department of Immigration to process the respective applications. Whilst we can provide a guide, we cannot take responsibility if delays occurs.

The period of engagement is considered to commence from the date that IMMICON receives payment for the requested service. The engagement ceases upon completion of the service, OR if the agreement is terminated earlier.

Termination

You may terminate this agreement at any time by giving IMMICON written notice.  If you terminate the agreement, the date of termination is the date upon which written notice is received by IMMICON.

IMMICON may terminate this agreement by written notice any time in reasonable circumstances. Reasonable circumstances may include, but are not limited to the following:

• Lack of response from you or other relevant parties;
• Non provision of requested documents in a timely manner;
• Providing (or suspicion of providing) fraudulent or bogus documents;
• If your migration agent has determined that you are ineligible for the service and has advised you in writing of the reasons; or
• For any other breach of the terms of this agreement.

In the event that IMMICON terminates the agreement, the date of termination is the date upon which it advises you of the termination.

If the agreement is terminated, IMMICON shall be entitled to fees incurred up until and including the date that the agreement ceases, as set out below:

Disputes or Complaints

A number of avenues are available if a dispute or complaint arises between you and IMMICON in relation to the provision of services under this agreement. If you have any queries or concerns about our costs or provision of services, please discuss these with your migration agent as soon as they arise. If you are not satisfied with any action taken by IMMICON to resolve your query or remedy your concern, you are entitled to refer the matter to the Migration Agents Registration Authority, PO Box Q1551 QVB NSW 1230 Australia.

Governing Law

Validity, interpretation and performance of the contract shall be governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals there from.

Document Retention Policy

When we have completed the service, it is our practice to return all of your original documents. Any other documentation on your file to which you may be entitled to – such as copies of your application, submission(s) and our correspondence with you and third parties (“your documents”) – will be kept by us for at least two (7) years after work has been completed on your matter (“the document retention deadline”). You may request a copy of your documents at any stage before the document retention deadline.

If you request that a copy of your documents be sent to you or another person before the document retention deadline, IMMICON will send these to you subject to your advance payment of our fees to cover photocopying and postage costs. Please note that our obligation to retain your documents concludes once we have sent them to you.

If you do not request that a copy of your documents be sent to you or another person before the document retention deadline, IMMICON reserves the right to destroy your documents after the document retention deadline, unless we receive written instructions from you requesting that we continue to store your documents for a further period of up to five (5) years. Your documents can be retained for up to five (5) more years after the document retention deadline, but a storage fee of at least $500 will be charged. The storage fee must be paid in advance at the time you request that the documents be stored for a further five (5) years after the document retention deadline.

Acceptance Full of Immigration to Australia full Migration Service Package:

As you (or the company) are the main applicant, you (or the company) will be the primary applicant and any accompanying individuals will be secondary applicants.  You are deemed to have agreed to the terms and conditions on behalf of any secondary applicants whether they be adults 18 years of age or older or minors (children) under the age of 18 who are engaging our services. An agreement to appoint and agent will be provided to you outlining the service that will be provided as well as a full costing.