Terms and Conditions

National Visas Terms and Conditions

National Visas Pty Ltd is a private company that provides Australian Visa/Immigration services subject to the following terms and conditions.

Definitions:
"We", "our", "us", “Nationalvisas.com.au” or "National Visas" shall mean National Visas Pty Ltd, whose principal place of business is Level 10, 440 Collins Street, Melbourne, Victoria 3000 and shall include all directors, employees, agents and sub-contractors of National Visas.
"Client" or "you" or "your" means the individual (which can include an individual as a representative on behalf of a company) visiting nationalvisas.com.au, whether they have purchased a service or not.
"Registered Client Area" means the secure online system managed by National Visas which allows clients to enter and update their personal information and access our service from any device with internet access.
"Personal Profile" means the information provided by the client about the client and, if applicable, about the clients family and possible visa sponsor.
"Service" means one of services provided by National Visas.
"Terms" means these terms and conditions.
"Working Day" means a day on which banks are open for business in Melbourne, Australia.
"Website" means www.nationalvisas.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 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 Document:
Please be aware that to comply with the Department of Home Affairs regulations, you are required to read the document titled “Migration Advice Professional Document” (Information on the Regulation of the Migration Advice Profession). 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.

Online Consultation:
The information contained on the Online Consultation is only intended to provide an initial indication of your eligibility and should not be applied to an individual case. The Online Consultation result does not guarantee any outcome in relation to any application you may lodge in the future. As Australian Immigration law is subject to regular legislative and other practical changes you need to complete the Online Consultation to enable one of our Registered Migration Agents to provide a comprehensive assessment of your personal situation. Further analysis 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).
If you wish to obtain a comprehensive assessment of your eligibility for an application, you should consider a phone or Skype Consultation. Once you have completed these steps, you can purchase a service that will enable one of our Registered Migration Agents to review your case.

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.
When accessing the Registered Client Area, you are required to enter your Registered Client Number and password each time. Since access to your Personal Profile is protected by your Registered Client Number and password, it is very important that you protect your password by making it known only to you. To ensure you are the only person that knows your personal access information, all access to your login information should not be written down or accessible to other persons, even if you believe it is disguised. Do not disclose your Registered Client Number and password to anyone.
National Visas will not be held responsible for any access gained by third parties to your Personal Profile, whether the login details were provided by you or were otherwise obtained.
National Visas reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

1. Engagement of National Visas
The National Visas services do not guarantee any outcome in relation to any application you may lodge in the future.

Skype, Phone or Office Consultation:
You will be deemed to have engaged the services of National Visas upon payment of the service fee.

Premier Services:
You will be deemed to have engaged the services of National Visas upon payment of the Premier Service fee. Once the payment is received, a Registered Migration Agent will contact you to gather all of the information needed to prepare and submit your application to the Department of Home Affairs on your behalf. National Visas 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.

601 Visa Service:
You will be deemed to have engaged the services of National Visas upon payment of the service fee.

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 National Visas 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 Home Affairs 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. National Visas 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 (Premier Service only - 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 endeavours to ensure the success of the application, we cannot guarantee that it will be approved.

2. Service provided by National Visas

Skype, Phone or Office Consultation:
This service allows clients the opportunity to discuss any Australian Visa application issues you have in detail.

Premier Service:
National Visas will undertake the following responsibilities in providing you with the Premier Service:

Stage 1:
Initial Assessment
The assigned Migration Agent 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 Agent 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 Agent 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 Home Affairs have requested you to lodge a visa application;
Keep you informed of any communication from the Department of Home Affairs 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 Home Affairs to lodge a visa application the assigned Migration Agent 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 Home Affairs;
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 Home Affairs have not requested you to lodge a visa application; or
You were requested by the Department of Home Affairs to lodge a visa application and the Department of Home Affairs have provided a result of the visa application.

601 Visa Service:
National Visas works with the travel industry to lodge 601 applications with the Australian Government. You also receive the dedicated attention and communication with a Registered Migration Agent (via email and up to 30 minutes by phone), who will help you with any basic questions you may have regarding the 601 visa or any other basic general visa questions.

3. Electronic Communications
When clients visit National Visas website, send e-mails to us or by communicating via the Registered Client Area (using the Online Message Centre), 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.
We will communicate with you by e-mail or by posting notices on this site (using the Online Message Centre). If the client does not respond to any communication related to the provision of the service within three (3) working days, such failure will be deemed as the clients expressed consent to prepare the selected service based on the information previously provided by the client.
All correspondence with National Visas must be through the Registered Client Area. National Visas reserves the right not to respond to or action any query which is not sent through the Registered Client Area (using the Online Message Centre). You can elect to discontinue all future correspondence from National Visas at any time by selecting the “Unsubscribe” link in the Registration email that includes your registered client number and password. National Visas will not be responsible for any loss of data or visa/immigration advice resulting from the client selecting to unsubscribe their details.

4. Fees
National Visas fees vary according to your individual situation. After taking the Online Consultation you will be shown the cost of the service for your situation.

Premier 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.
National Visas 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 National Visas 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. If you do not provide all the documentation we have requested and you want to lodge an application without it, and the appropriate body or the Department of Immigration then requests the documentation post-lodgement, extra fees will apply, which will be calculated on our standard hourly rate of service and must be paid prior to any continued service being provided.
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) children with custody issues (including when non-migrating dependents are unable to do medicals), including dependents over 18 who need to prove dependency, freedom of information requests, Form 80 detailed checking, 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’. Special submissions when an appropriate body or the Department question the accuracy or lack of documentation provided. 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 (AU$249).

Premier Services (Disbursements):
National Visas 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 AU0.20 cents per page and fax charges are AU$1.00 per page.
National Visas may ask you to pay for some of the expenses before they are incurred. National Visas 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 Home Affairs lodgement fees.

5. Responsibilities of the Client
On entering this agreement you agree to:

Provide accurate authentic and complete information to National Visas throughout the period of engagement;
Inform National Visas if any of the information provided to National Visas becomes inaccurate or incorrect;
authorise National Visas 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 set out in part 4 above; and
Use the “Online Message Centre” as the primary form of communication with National Visas during the provision of the service provided.

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:
National Visas 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.

6. Variation
This agreement may be varied in writing by mutual agreement. All work performed for you by National Visas 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.

7. 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). This information is provided in the initial registration email you received from us.
A copy of the Code and the Consumer Guide can also be found on the National Visas website.
All migration agents are bound to provide their services in accordance with the Code. As such, among other things, National Visas undertakes to:

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 Premier Service 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 National Visas to provide progress reports at the conclusion of every stage.
National Visas keeps your funds in a client account. Once a stage has been completed the relevant percentage of the funds may be transferred from the client account for the services that have been provided in accordance with the termination section of this document. You agree that any interest earned on funds in the National Visas client account will become the property of National Visas.

8. Notification Obligations
Premier Service:
As your representative before the Department of Home Affairs, it is imperative that you or the applicant consult your migration agent before communicating with the Department of Home Affairs 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 National Visas 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 Home Affairs correspondence if it was sent to the last known address given to the Department of Home Affairs regardless of whether or not they have in fact received it.
If a migration agent or legal representative is acting for you, you will be deemed to have received correspondence sent to the migration agent or legal representative. National Visas 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 National Visas informed of any change in your circumstances.

9. Period of Engagement
It is difficult for National Visas 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 Home Affairs to process the respective applications.

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

10. Termination
You may terminate this agreement at any time by giving National Visas written notice. If you terminate the agreement, the date of termination is the date upon which written notice is received by National Visas.
National Visas 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 National Visas terminates the agreement, the date of termination is the date upon which it advises you of the termination.
If the agreement is terminated, National Visas shall be entitled to fees incurred up until and including the date that the agreement ceases, as set out below:

Skype, Phone or Office Consultation:
Upon payment of the service - 100% of service fee

Premier Services:
1. Non Refundable Retainer - 5% of service fee
2. Upon completion of Stage 1 - 75% of service fee
3. Upon completion of Stage 3 - 100% of service fee

601 Visa Service:
Upon payment of the service - 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. In some limited circumstances where it is fair and reasonable, a refund based on our hourly rate of AU$249 may be available if requested in writing.
If National Visas does not receive any form of response from our correspondence for a three month period of time from the date of the last contact with the client, National Visas 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.

11. Disputes or Complaints
A number of avenues are available if a dispute or complaint arises between you and National Visas 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 National Visas 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.

12. 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.

13. 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.

14. Document Retention Policy
Premier Services:
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, National Visas 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, National Visas 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.

15. Acceptance
Premier Services:
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.