Friend's situation: 457 and possible negligence by imm lawyer

[Sallyh]

Ok so be kind and gentle to me because I'm here on a permanent resident visa because I'm married to an Aussie. I know nothing about 457's.

 

But our friends are here from overseas, and struggling now, I believe, through negligent advice from their immigration advisor / lawyer.

 

I don't know how this works. I'm a uk qualified solicitor but I don't practice any more. But from my personal knowledge of the system from our own immigration and visa experience, both in the uk with Dh, and then as we moved here, I think my friend's advisor is potentially negligent. Enough alarm bells to me for me to think I'd be asking for the file.

 

- I have some questions. I don't want to name the person that is working in the matter. But:

 

- My friend's dh is stranded in their country of origin. She's here with 2 young kids. He went back for a meeting, and got told by the immigration people that he'd overstayed his visitor visa without leaving and returning.

 

- They weren't given the details of having to leave and come back

 

- I don't think they should ever have been advised to come here on visitor visas to get their work here up and running.

 

- They are here on church business, setting up internships for students to come and volunteer in places like missions etc.

 

- their agent didn't submit the applications for the 457 when they thought she had

 

- they sent emails even from 3 days of being here, asking about the formal visa application and wanting to get things sorted. No replies. And nothing had been done

 

- this agent is now apologising to them in phone calls

 

- if I were advising them I would be suggesting we requested the file.

 

- they've asked for their 'number'? Migration lawyer has not given it. She says it is submitted under her number and her details. They seem to have no access to the progress of their case. So far no case worker they know of... It's been 3 months since the problems started and he got stranded overseas.

 

- 2 visas so far have been refused simply because he used the word "work" in his exit interview when they said there was a visa problem in Melbourne. "Work" means they were having meetings to set up this volunteer internship stuff, and their denomination back home was paying them (ie not a little church but the organisation in general)

 

Any advice on potentially negligent advice, leading to the refusal of visas?

 

Any advice on swapping lawyers and obtaining evidence for first one's negligence? Who would you recommend in Adelaide? Current one is interstate.

 

Would they be better without an advisor?

 

How can we, and others, go in to bat for them?

 

Ask me questions. But what are your thoughts? Who do you recommend? They've made mistakes legally ( i was party to emails before they got here and I never thought coming without the proper visa in place first was a good idea) but they have been following the advice they were given by an Australian 'expert'. Who it turns out, was snowed under and had done nothing.

 

As a lawyer, professionally this rings many alarm bells for me.

 

Where next?

 

 

 

 

 

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[NicF]

Is the person they are dealing with a MARA registered migration agent? If not and they are in Australia then I believe they are not supposed to give advice on visas. If they are then your friend can make a complaint against them. In the meantime your friend needs to contact someone that can provide proper advice. There are a number of agents on Poms In Oz (there is an ask an agent section where they are listed). Any of these would be fine to deal with. I suspect your friend is on completely the wrong visa and it's possible they are not eligible for a 457 either. They really need some good advice from someone who knows what they are talking about.

[Sallyh]

Agree wrong visa. I think it was way too dodgy an idea.

 

Is there anyone in Adelaide?

 

Yes. I've just checked. There's a Mara stamp on their website, and a registration number. No website info, just a front page, more like a flyer. I may be wrong but that says a lot to me.

 

 

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[Sallyh]

Ok the links to the Office of the MARA don't even work from government websites. I might make some calls today.

 

 

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[snifter]

I'd be concerned she is also phoning to apologise and that there is nothing from her in letter or email form.

 

A 457 is the wrong visa afaik. No one was sponsoring them in a profession on the list were they?

 

There are visas for the sort of thing they are trying to do. What visa is your friend and her children here on? And how long have they been in Aus on it?

 

I'd want something in writing from the agent re it all and failure to lodge etc. Not phone calls.

 

I'd check over on PIO and post in Ask An Agent forum. There is a complaints system to go through. I'd also be concerned this agentd MARA credentials

You can check and see if her registration is current btw.

[Sallyh]

I don't know about the list of professions... They are sponsored, yes.

 

I've registered and posted on Pio.

 

I can't check the agents credentials because the Mara site doesn't work. I will ring them up.

 

 

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[snifter]

Glad you've had some replies from agents. Sounds like they have been able to point you in the right direction

 

I hope your friend is able to resolve things.