Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) (www.visa-australia.legal) provides Australian Visa/Immigration services subject to the following terms and conditions.
Definitions:
“We”, “our”, “us”, “visa-australia.legal” or “Miller & Co” shall mean Edward Miller, who is principal place of business is Level 26, 44 Market Street, Sydney, 2000 and shall include all directors, employees, agents and sub contractors of Edward Miller (trading as Miller & Co Lawyers & Migration Agents)
“Client” or “you” or “your” means the individual (which can include an individual as a representative on behalf of a Edward Miller (trading as Miller & Co Lawyers & Migration Agents) visiting visa-australia.legal, whether they have purchased a service or not.
“Service” means one of services provided by Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents).
“Terms” means these terms and conditions.
“Working Day” means a day on which banks are open for business in Sydney, Australia.
“Website” means www.visa-australia.legal
“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 authorisation, including but not being limited to skills assessments, pre-lodgement 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, naturalisation and citizenship, which benefit or authorisation 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.
Registration and access to the Migration Advice Professional
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Engagement of Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents)
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents ) services does not guarantee any outcome in relation to any application you may lodge in the future.
Online Services: / Skype, Phone or Office Consultation:
You will be deemed to have engaged the services of National Visas upon payment of the service fee.
Services:
You will be deemed to have engaged the services of Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents ) upon payment of the Service fee. Once the payment is received, a Registered Migration Lawyer will contact you to gather all of the information needed to prepare and submit your application to the Department of Immigration on your behalf.
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) will agree to act on your behalf only if it forms the view that the application has a favourable chance of success, based on the initial assessment.
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 Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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 time. 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. Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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.
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 Lawyers 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 endeavours to ensure the success of the application, we cannot guarantee that it will be approved.
Zoom, Phone or Office Consultation:
This service allows clients the opportunity to discuss any Australian Visa application issues you have in detail.
Our Service:
Stage 1:
Initial Assessment
The assigned Migration Lawyer will:
- Make an initial assessment of your profile to determine if the visa and/or service will be suitable for your situation; and
- Examine and assess the information provided.
Stage 2:
Detailed Assessment / Document Check
The assigned Migration Agent will:
- Request and assess all necessary information and documentation relating to
the application - Inform you if they believe that the documentation provided is sufficient,
and of the likelihood of a successful application, based on the information
provided; and - Advise you of any factors that may increase the prospects of a successful
application.
Stage 3:
Application Preparation and Submission
The assigned Migration Lawyer will:
- Review all the material provided by you;
- Prepare the application and associated documentation; and
- Lodge the application.
Stage 4:
Application Processing and the Decision
The assigned Migration Lawyer will:
- Closely monitor your application until a decision on the case is
made; - Keep you informed of any communication that concerns the progress of the
application, and if any further requests for information or documentation are
made; and - Inform you of the result of the application.
Stage 4 for Skilled Visa
Subclasses 189, 190 and 489 (Application process that includes expression of Interest (EOI) prior to lodgement of the Visa Application):
Application Processing and the Decision
The assigned Migration Agent will:
- Closely monitor your expression of interest (EOI) for two years from the
date of lodgement and advise you if the Department of Immigration have requested you to lodge a visa application; - Keep you informed of any communication from the Department of Immigration that concerns the progress of the expression of interest (EOI), and if any further requests for information or documentation are made;
- Update your details to reflect any additional qualifications or experience
you may have obtained. This may increase your ability to be selected to lodge a visa application; and - Inform you of the result of the expression of interest (EOI).
If you are requested by the Department of Immigration to lodge a visa application the assigned Migration Lawyer will:
- Review all the material provided by you;
- Prepare the visa application and associated documentation;
- Lodge the visa application;
- Closely monitor your visa application until a decision on the case is made
by the Department of Immigration; - Keep you informed of any communication from the Department of Immigration
that concerns the progress of the application, and if any further requests for
information or documentation are made; and - Inform you of the result of the visa application.
Please note this step is complete when:
- The two year expression of interest (EOI) period is complete and the
Department of Immigration have not requested you to lodge a visa application; or - You were requested by the Department of Immigration to lodge a visa
application and the Department of Immigration have provided a result of the visa application.
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Electronic Communications
When clients visit Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) website, send e-mails to us you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.
Our Services (Additional Expenses):
Please be aware, there are additional costs related to the application process, such as translation and certification of documents, your medical examination, police clearance, and English language test (if required). These charges will vary according to the location they are completed and/or obtained and are to be paid directly to the body that provides the service. Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co lawyers & Migration Agents) may notify you when it is necessary to pay each respective fee, as directed by the appropriate body or the Department of Immigration. You acknowledge that Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) is not in any way obligated to lodge an application until all relevant documentation requirements have been satisfied and you have paid the appropriate fees.
Please note that circumstances which are out of the ordinary are not included in the service fee. These could include (but are not limited to) any Freedom of Information requests, change of occupation, review or appeal of primary decision, points test advice for qualifications not related to your occupation, additional points test advice (for example, if there are delays in your situation and it is required that we obtain subsequent points test advice), any waiver requests(for example; health, character or exclusion period waivers), any submissions which require arguments to demonstrate compelling, compassionate or exceptional circumstances. Other arguments could include such things as demonstrating substantial ties to Australia, or that a particular thing is in the interests of Australia, an Australian citizen or permanent resident. Out of the ordinary circumstances can also include submissions which argue that there has been ‘Administrative Error’, or arguments involving ‘hardship’ or ‘disadvantage’. If a waiver or other ‘out of the ordinary’ circumstance of any kind is required, we will provide an estimated potential cost which will be calculated on our standard hourly rate of service.
Our Service (Disbursements):
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) may incur additional “out of pocket” expenses on your behalf. Such expenses include translation services, document certification, photocopying, telephone calls, courier, fax costs, postage costs and other sundry expenses. The cost of services that are provided by a third party will be charged to you at cost. These expenses are in addition to our service fee. Our photocopying charges are AU$1.00 per page and fax charges are AU$1.00 per page.
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) may ask you to pay for some of the expenses before they are incurred. Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) will not incur any out-of-pocket expenses for any single item in excess of AU$50 without first seeking your approval.
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.
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Responsibilities of the Client
On entering this agreement you agree to:
- Provide accurate authentic and complete information to Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) throughout the period of engagement;
- Inform Edward Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) if any of the information provided to Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) becomes inaccurate or incorrect;
- Pay the fees and disbursements set out in part 2 above.
Failure to meet any of these terms may result in a weakened and ultimately unsuccessful application. National Visas will not be obliged to refund fees if this occurs.
Information Provided by the Client:
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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 provide 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.
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Variation
This agreement may be varied in writing by mutual agreement. All work performed for you by Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) and its employees and consultants will be in accordance with the terms set out in our terms and conditions, or any subsequent variation signed by both parties.
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Code of Conduct
Under Australian law, any migration lawyer who provides advice within Australia must be registered with the Law Society NSW.
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) will:
- Confirm your instructions;
- 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.
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Notification Obligations
As your representative before the Department of Immigration, 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 Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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 Department of Immigration regardless of whether or not they have in fact received it.
If a migration lawyer is acting for you, you will be deemed to have received correspondence sent to the migration lawyer. Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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 Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) informed of any change in your circumstances.
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Period of Engagement
It is difficult for Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) to predict the time taken 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.
The period of engagement is considered to commence from the date that Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) receives payment for the requested service. The engagement ceases upon completion of the service, OR if the agreement is terminated earlier.
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Termination
You may terminate this agreement at any time by giving Miller & Co Lawyers & Migration Agent Pty Ltd written notice. If you terminate the agreement, the date of termination is the date upon which written notice is received by Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) .
Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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.
If Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) terminates the agreement, the date of termination is the date upon which it advises you of the termination. If the agreement is terminated, Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers and Migration Agents) shall be entitled to fees incurred up until and including the date that the agreement ceases.
1.Upon completion of Stage 1 – 50% of service fee
2. Upon completion of Stage 2 – 100% of service fee
Please be aware that if you have paid for any of the completed stages and then cease using the services for any reason, there will be no entitlement to a refund if the relevant stage has been completed. You will also be liable to pay for any disbursements incurred on your behalf up to the date of termination.
If Edward Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) does not receive any form of response from our correspondence for a six month period of time from the date of the last contact with the client, Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) reserves the right to terminate the contract immediately and recuperate all the outstanding fees (fees remaining in the Client Account) to cover ongoing administration and file storage costs.
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Disputes or Complaints
A number of avenues are available if a dispute or complaint arises between you and Miller & Co Layers & Migration Agents 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 Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) to resolve your query or remedy your concern, you are entitled to refer the matter to the Alternative Dispute Resolution Centre in NSW.
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Severance
In the event that any of the terms of this contract are, or become invalid, illegal, or unenforceable, the remaining terms shall endure
unaffected.
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Governing Law
Validity, interpretation and performance of the contract shall be governed by the laws of NSW and the parties submit to the exclusive jurisdiction of the courts of NSW and courts competent to hear appeals there from.
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Document Retention
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 (2) 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, Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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, Miller & Co Lawyers & Migration Agent Pty Ltd (trading as Miller & Co Lawyers & Migration Agents) 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.
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Acceptance
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.
