Letter of advice for Jeffery-Free-Samples-Myassignmenthelp.com

Questions: 1.Prepare a letter of advice, in plain english, for Jeffrey in relation to the procedural, accounting and ethical requirements he would have to meet to comply with the requirements under the Migration Act 1958. 2.What are your Obligations as a registered Migration agent under the Code of Conduct. Asnwers: 1.To Mr. Jeffrey Jacob Address: Subject: Migration Advice letter Dear Mr. Jacob, The aim of this letter is to inform you about the provisions regarding the ethics, accounting and procedures that a migration agent needs to follow, in order to provide visa services to the clients in Australia. The code of conduct, as established through the Schedule 2 of Migration Regulation, 1998 as well as Migration Act, 1958 must form the basis of actions of the Migration agents and it's their duty to maintain it. According to section 314, MA, it's the duty of every migration agent during the performance of their professional activities, to conform to the code of conduct imposed upon them.[1] In accordance with the code of conduct for migration agents in Australia, the agents set their fees as per the situation. However, the fees charged by him for his services must be reasonable and fair. The fees may be based upon the type of visa application, time taken to prepare such application, level of service needed, extra help in case of complex circumstances. The experience and qualification of the agent may also be considered. Section 313, MA, states that until and unless a registered migration agent provides a statement of services, consisting of the details of services to be provided by the agent and the costs that he will incur while providing such services, no client is liable to pay any fees to the Migration agent. Therefore, in this case, Wood Engineering must be provided with the details of all the services required for the successful application of work skilled temporary visa subclass 457. Wood Engineering would have the right to recover the amount, if any, paid by them in relation to Visa Services, in case they are not provided with the search statement. The holder can bring their families to Australia for educational or work purposes and can let them travel in and out of Australia as many times as they want, as long as the subclass 457 visa is active. Before the visa application is made, such application needs to be sponsored by an approved employer and he must nominate the applicant to a vacant position in the business. The Migration agent has the duty to provide the MARA, i.e., Migration Agent Registration Authority with data annually for the level of fees charged by them. The fees for temporary work skilled subclass 457 vary from $1800-5000, generally. The client must be provided by the agent, in writing, about the fees charged in case of an initial consultation fees. In case the clients are charged before completion of the service, a bank account known as the "clients account" is to be created, completely isolated from their personal bank account or business accounts. The money in such account can not be used by agent except if they need to use it for payment regarding some services in relation to the visa application. Only after completion of his services, the agent can take money out of such account for payment of his professional fees. Another duty of the Migration officer under the code, is to give the clients, statement in writing, regarding the fees charged for the services they provide, which must be inclusive of services to be performed by agent, and of fees, such as professional fees either by service or by the hour, in addition to other disbursements such as visa application charges. The terms of agreement for services and fees are to be accepted by client in writing and the Migration agent has to ensure the same. Part 3 of the Migration Act, 1958 deals with the immigration assistance provided by the Migration agent. According to Section 312A, a migration agent must notify the department of immigration about any immigration assistance to be provided to a visa applicant after an agreement of service with them. The code of conduct for migration agents further provides that the activities of the registered migration agent must not only be directed towards the best interest of the client but also according to the existing legal provisions. The clients must be dealt with competence and diligence, by the agents. In case of a conflict of interests or a suspected conflict of interests, the client must not be accepted by the agent or notified about such conflict. Its the duty of every registered migration agent to notify the department about the termination of services provided to the clients, within 14 days of such termination.[2] The Regulation 6B of Migration Regulations makes it compulsory for every agent to hold a professional indemnity insurance to protect the clients against unnecessary financial losses.[3] The clients must also be notified of the progress of the visa application, by the Migration Agents. In this case, it is the duty of Jeffrey to notify the department of serving Wood Engin eering through form 956. Jeffrey also has the duty of notifying the clients about their rights and providing them with a copy of the code of conduct. In order to obtain a work skilled visa subclass 457, an approved business in Australia needs to provide sponsorship to the visa applicant. The applicant must have the skills needed to fill the position that the sponsor nominates. The subclass 457 visa is granted for 4 years, if the applicant falls under the scope of specific skills. As Josephine is an engineer, she is eligible to get the visa. A person in or out of Australia may be eligible for the application of the visa. A few documents must be submitted by the applicant including the license registration, qualification certificate, reference of the previous employer, educational qualification, skill assessment conducted by a registered organization and health certificates. Holders of subclass visa 457 must follow visa conditions 8501, 8107. They briefly state that no other work than that provided to holders by the sponsored employer must be done by the holder. All rules and regulations provided by the licensing authorities in Australia must be followed by the holder. The holder must not stay in Australia beyond the time of expiration of the visa[4]. In order to lodge the temporary work subclass 457 visa applications, the sponsored worker form 1066 needs to be completed online. The basic charges for the application of the visa subclass 457 are $1080. The cost of health assessment, police certificates or any test or certificate required for the purpose of the visa are charged in addition to the basic charge mentioned. In this case, it's the duty of Wood Engineering to complete the employee sponsored work form, that is, form 1196. Common business information for instance, Australian registered body number, Australian business number and documents related to Australian security and investment Commission need to be furnished for the completion of this form. Yours sincerely 2.It's the duty of the visa applicants to ensure that the information they furnish to the Migration agents is true and no misrepresentation of information has been made. It has been provided by Crock, Mary and Berg (2011) that the complete honesty of the person making the visa application, in relation to the documents and information they provide to the Migration agent for submission to the department of immigration, is mandatory[5]. Section 101, of the MA Act provides that every visa applicant has the duty of filling up the visa application form without providing any false or incorrect information to be submitted to the department of immigration and border protection. Section 109 states that any false or incorrect information of any sort by the visa applicant in this regard may result in the cancellation of the visa application. Section 48 states that if any such submission of false or incorrect information has been done, because of which the visa application has been cancelled then the visa applicant will not be allowed to apply again for the visa except in cases of very limited types of visa The fact that the applicant had nothing to do with the providing of false or incorrect information to the department cannot be used to excuse them from the liability, under this section.[6] That the total process of making the application was allocated to the Migration agent cannot be claimed by them. In Trivedi vs. Minister for Immigration and Border[7], it had been held by the judges that even if the fact that incorrect information regarding the application has been provided was unknown to the visa applicant, they may be held liable for providing wrong information. According to the code of conduct for registered migration agent, he has to act towards the best interest of his clients. Moreover, his actions need to be on the basis of existing legal provisions towards a visa application. Regulation 2.9 of the code states that a statement supporting a visa application should not be provided by the Migration agent under these regulations, as also any encouragement towards making a visa application to the clients, which they know or believe to be misleading or incorrect. The regulation provides that the Migration agent directly or indirectly must not mislead the department in relation to the visa application by his actions, during the process of communication and providing information In the circumstances provided, Josephine has informed Jacob that wages in accordance with the provisions of that which has been submitted to the department of immigration is not being provided by the company. Jacob confirms this fact, stated by Josephine, with the company Wood Engineering. In such a case, it's the duty of Jacob acting in the best interest of Wood Engineering, to inform them, that the visa application may be cancelled because they furnished incorrect information to the department of Immigration. If the suggestion made by Jacob is not accepted by the company, it's his duty to inform the department of the incorrect statement that has been made in relation to the application. Reference List Austlii (2017) https://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html. Crock, Mary, and L. A. Berg.Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011. Hollifield, James, Philip Martin, and Pia Orrenius.Controlling immigration: A global perspective. Stanford University Press, 2014. Migration Act 1958 Migration Regulations 1998 Temporary Work (Skilled) Visa (Subclass 457)(2017) Border.gov.au https://www.border.gov.au/Trav/Visa-1/457-. Trivedi v minister for immigration and border protection2014 FCAFC 42 (4 April 2014) Migration Act 1958 Migration Regulations 1998 Austlii (2017) https://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html. Temporary Work (Skilled) Visa (Subclass 457)(2017) Border.gov.au https://www.border.gov.au/Trav/Visa-1/457-. Crock, Mary, and L. A. Berg.Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011. 2014 FCAFC 42 (4 April 2014)