Professional Documents
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MINEFIELD
Safely Migrate to Australia from the Philippines
What are the pitfalls and challenges which affect so many Filipino
visa applicants and their Australian sponsors?
Swindled out of your money and having nothing to show for it is
but one of them!
Navigating and trying to understand the constant and never
ending government changes is another explosive experience!
How can you migrate safely and successfully to Australia and
understand the entire visa application process properly?
This easy-to-read overview of the first four chapters of my soon
to be released book on the migration visa process comes from
my 15 years experience as a Registered Migration Agent with
helping Filipinos migrate permanently to Australia.
Author's Note:-
Luis Respall
Ramon Respall
Concepcion Respall
Jose Respall
Manuel Respall
Table of Contents:
CHAPTER 1:
PALPAK! (DISASTER!)
CHAPTER 2:
CHAPTER 3:
CHAPTER 4:
Chapter 1
PALPAK (DISASTER!).
PALPAK (DISASTER!).
Like many of the 184,000 Filipinos living in Australia today I emigrated
with my family - my parents Luis and Concepcion Respall, my three
brothers Ramon, Luis Jr. and Manuel, and my sister Marilou. It was in
1969 and although I was only six years of age I can still vividly
remember life in the Philippines and our journey to the new world.
My first experience with immigration issues was, strangely enough,
when Mum gave birth to me. Maybe this is why I became so
passionate about migration between the Philippines and Australia later
in my life and it became my career and passion.
I was born in San Fernando, Pampanga, on the 30th of April in 1963.
My first cousin, Joann del Pan Cordon, was born a few days before me
on the 26th of April. Usually it is the women in the Philippines who fuss
about registering birth certificates for any newborn members of the
family but on this occasion, as destiny would have it, the responsibility
was delegated to my father.
Now, please concentrate on those dates of birth because you will soon
see that they become a real-life example of why it is so important for
you not to attempt things on your own or to seek advice from
unregistered individuals or organizations when you decide to make an
application to migrate to Australia from the Philippines.
Just picture my father so excited and proud to register my birth
certificate with the local Pampanga Provincial Civil Registry. The
problem was that he was also asked to register Joanns birth certificate
at the same time. What happened next gave me a perfect opportunity
to use my own personal experience to explain the real issues faced
when lodging your visa application to Australia from the Philippines.
of documentation and evidence such as, but not necessarily limited to,
baptismal certificates, school records, etc. In my case, having lived the
first six years of my life in the Philippines, these were exactly the types
of information they requested from my family in order for us to
emigrate.
Im sure you can already see the coming dilemma. My parents went
and lodged visa applications to move to Australia. The paper work, eg.
Birth Certificate, was sent to a case officer who looked at my file and
immediately noticed that I was born on the 26th of April 1963 and my
family name was Respal (l) - based on my official birth certificate from
the National Statistics Office (NSO) - and yet in all of my other records
e.g. Baptismal, School Records, which had been completed correctly,
the date showed the 30th of April 1963 as my date of birth and my
family name was spelt Respall (ll).
When DIBP discovers these so called discrepancies it triggers alarm
bells (I can just imagine bright red lights flashing and sirens blaring
inside the case officers mind). From their point of view even these
minor issues imply that maybe there are other more serious matters
at play in the application. Thats the way they are trained to assess visa
applications, and rightly so.
The next few months after lodgment of our visa application were spent
paying additional costs for an Attorney in the Philippines to draft and
execute sworn affidavits for Court Orders, the Department of
Immigration of Australia, the National Statistics Office and the
Department of Foreign Affairs (DFA) in the Philippines to correct my
birth certificate and my passport. This period was further compounded
by the stress of making a valid and genuine application to migrate to
Australia.
Heres another policy of DIBP that I really need to let you know about.
If one member of the family unit fails the application then the whole
application is refused - even though the other members of the family
comply with that particular visa application. It is stated clearly in
Schedule 4 Public Interest Criteria policy in the visas we will cover in
this book as we go along.
Im sure you can visualise the emotional state of affairs my parents
were faced with in 1969. Due to an innocent mistake they had no idea
whether their application would be accepted. A paperwork error had
the ability to kill their dreams for their future! This happens so
frequently and for so many other reasons in the Philippines that you
need to be very aware of this.
In late June of 1969 my parents received a letter from the Australian
Embassy, Manila, that said We are pleased to inform you that your
application for entry to Australia has been provisionally approved.
Would you kindly call at the Embassy regarding further requirements?
Boy, you should have seen us all jumping for joy on the day we
received that letter.
That joyous day is as fresh in my memory as if it just happened
yesterday. I can remember my sister Marilou taking the envelope and
cutting off the stamp portion, soaking it in water and adding it to her
stamp collection. We were so competitive with our stamp collections
and it was a craze in those days to have one. We continued collecting
stamps well into the Seventies when we already migrated to Australia.
Sometime in July we had the photos taken for our passports.
I remember it so well because we all had a haircut on the same day,
thanks to Mum, and my other two brothers and I took turns sharing the
same white shirt and black bow tie at a makeshift studio when we were
Chapter 2
Emotional Visa Roller
Coaster Ride.
Europe, and while she was away from the Philippines, he walked out
on her and disappeared into the sunset. (My dear readers remember
that mental illness is everywhere and when you add that to highly
emotional situations men and women do the most unusual things to
even the people they love the most).
Lets re-cap. The woman had three children - one of whom is legally
now her brother (!) - to a man in a supposed de facto relationship and
he left her...she married a second man who also left her...she is in
Europe and her children are on the other side of the world. Sounds
complicated already. This was when things took a turn for the better.
Into her life stepped a lovely Australian man who was on holidays in
Europe. He fell madly in love with her. She wasnt ready to get involved
in another relationship especially so soon after what had earlier
happened. However, her Aussie suitor couldnt leave her alone and
ended up moving in with her.
Apparently he was a very patient and persistent person and despite
hearing how messed up her life was he told her he loved her and
intended to marry her. He was madly in love. Obviously, he was not in
the frame of mind to start thinking about the twists and turns and
complexities of their future visa application.
Being such an optimist he decided to do it all himself. This is when the
nightmare began. This is where so many Australian sponsors come
unstuck. They think that the legal system in the Philippines is just like
back home and everything will be fine. Shell be right, Mate! Not so,
Pare Ko! (My friend or Mate).
I personally love the Philippines. Im a dual citizen of Australia and the
Philippines and I spend a lot of time over there each year. But, when it
comes to the many levels of government and non-government
What you need to understand now before you read any further is that
you must be absolutely honest about your circumstances and explain
every aspect of your professional and personal situation in your
application, whether you are applying for a SkillSelect, Fianc, Spouse,
De Facto, Tourist, Child or Parent visa application and whether you do
it yourself or ask for assistance from a Registered Migration Agent.
I urge you to be upfront and completely honest. Its the ONLY way
when making an application in migrating to Australia.
Back to our luckless couple. Well, because I process hundreds of
Fianc, Spouse and De facto Visa applications, and because I am
familiar with migration law in Australia and the Philippines, I was able to
successfully bring them to Australia where they lived happily ever after!
Phew! That was really emotional even for me to recount that
tragic real life scenario it was such a frustrating application even for
me.
Oh, by the way remember those e-lodgment applications that the
department is constantly rolling out? Well just as a quick heads up, we
were again the first migration agency in the Philippines to lodge an
e-Partner visa to Australia on the 11th of December 2013 and the first
migration agency in the Philippines to lodge a e-Visitor visa to Australia
on the 1st of August 2014.
This is a great way to transition into my next chapter in which I explain
how to avoid individuals and organisations that are out there with one
purpose in mind: to cause you grief, confusion and aggravation and put
you on the wrong side of DIBP. They want your money and they will
say anything and promise you the world. But, if they are not a
Registered Migration Agent my advice is very simple: walk away.
Chapter 3
YOU WANT ME TO AVOID MYSELF?
WHY?
Doing it alone will expose you. You wont have anyone to turn to for
sound advice or for guidance. You wont have anyone who can
accurately assess your professional background or personal
circumstances before lodging the application and you will be on your
own if the visa application is refused. If that were to occur, you would
be without anyone to instruct you on other avenues available to you for example, applying for a merits review on your particular case if it
were to be refused.
It costs a lot of money to prepare a visa application to Australia. If you
rely on your understanding of the procedures and the requirements,
then I guarantee it wont be long before youre stressing out and
tossing and turning at night, wondering if youve lodged the application
properly. I have been told this thousands of times by applicants in the
Philippines and in Australia who didnt think there was any need for a
Registered Migration Agent. Did you know that if you fail to lodge a
valid and genuine visa application, you are not entitled to any refund
from DIBP along with your other sizeable investment in time and
money paying for other matters such as Skills Assessments, Medicals
and Police Check(s)?
If your application is refused then here is another piece of information
that you should consider. If you lodge a visa application and you are
one of the fortunate applicants that are allowed to lodge a further
merits review in Australia then remember this, it costs more money, it
often takes a really long time before the Migration Review Tribunal
(MRT) can get to your review application and even if you secure a
favorable decision the tribunal now only refunds you half of their fees
and it is sent back to DIBP who can still refuse it again if they see the
need to for any further changes that may had occurred during the
passage of time whilst you were waiting for the MRT to make a
decision.
Lets drill down a little more in Part 1 and see what else the Code is
trying to achieve in protecting the Filipino applicant and the Australian
sponsor...
1.10 The aims of the Code are:
(a) to establish a proper standard for the conduct of a registered
migration agent;
(b) to set out the minimum attributes and abilities that a person
must demonstrate to perform as a registered migration agent
under the Code, including:
(i)
(ia)
(ii)
legislation
relating
to
migration
procedure, in sufficient depth to offer
sound and comprehensive advice to a
client, including advice on completing and
lodging application forms.
You see, on my part, unless you are a Filipino national and want to
lodge an application in any one of the five (5) visa Class categories that
I specialise in then I do not accept the application at all. If your
application is outside my area of expertise, I refer your case on to other
specialised Registered Migration Agents with different levels of
experience. This is clearly illustrated in Part 4 of the Code of Conduct...
RELATIONS BETWEEN REGISTERED MIGRATION AGENTS
4.1 Before accepting immigration work, a registered migration agent
must consider whether he or she is qualified to give the advice sought
by the client. If the agent is unsure, he or she must seek the
appropriate advice or assistance, or refer the matter to another
registered migration agent.
4.2 A referral may be made, for example, if a registered migration
agent is asked for advice on matters for which he or she does not
regularly provide immigration assistance.
The Code of Conduct has more to say about what Registered Migration
Agents from Australia are allowed and not allowed to do. You can
obtain a free copy of the Code of Conduct from the OMARA website:
www.mara.gov.au/Site-Layout/Code-of-Conduct/default.aspx
(Remember to visit my website on www.respall.com to ensure that this
website page for the OMARA is updated).
Now, I am sitting here writing this book and am thinking about all the
people I have met over the years who messed up. Some of them
eventually made it to Australia, years later, but others are stuck in the
Philippines. What more can I do or say that will convince you to use a
Registered Migration Agent from Australia? Lets take another look at
the Code of Conduct that governs the activities of Registered Migration
Agents from Australia to provide the answers...
(iii) completing continuing professional development as required by the
Migration Agents Regulations 1998;
(iv) being able to perform diligently and honestly;
(v) being able and willing to deal fairly with clients;
(vi) having enough knowledge of business procedure to
conduct business as a registered migration agent,
including record keeping and file management;
(vii) properly managing and maintaining client records;
(c) to set out the duties of a registered migration agent to a
client, an employee of the agent, and the Commonwealth and
its agencies;
(d) to set out requirements for relations between registered
migration agents;
(e) to establish procedures for setting and charging fees by
registered migration agents;
(f) to establish a standard for a prudent system of office
administration;
(g) to require a registered migration agent to be accountable to
the client;
(h) to help resolve disputes between a registered migration
agent and a client.
Here again the Code is ensuring that Registered Migration Agents are
actively improving their knowledge of the visa application process for
Australia. It is up to the RMA to ensure that any application they accept
is being managed and professionally administered on behalf of their
client and thats you.
The Code then proceeds to Part 2 which further clarifies and enforces
the need for the migration agent to always protect the best interest of
the applicant, thats you.
STANDARDS OF PROFESSIONAL CONDUCT
2.1 A registered migration agent must always:
(a) act in accordance with the law (including, for an agent operating as
an agent in a country other than Australia, e.g. the Philippines, the law
of that country) and the legitimate interests of his or her client; and
(b) deal with his or her client competently, diligently and fairly.
Can you see now how much control is placed over me to ensure that
you, the Filipino applicant, are protected? You realise that if I breach
the Code I could have my license taken from me and face a fine or jail
term for more serious offences. Thats the protection you have when
you choose a Registered Migration Agent in Australia.
How much protection is there if you lodge a visa application on your
own? Ummm, none. Is there a Code of Conduct protecting your
efforts? Well, no. What kind of security do you have if you ask an
unlicensed, unregistered person to look after your affairs? None at all.
Zero. Zilch. Nada.
Using a Registered Migration Agent from Australia is arguably the best
insurance policy against lodging an invalid and non-genuine visa
application to Australia from the Philippines. There is simply no other
Chapter 4
A VALID AND GENUINE
VISA APPLICATION...PAANO YUN?
(HOW IS THAT DONE?)
2.6 To the extent that a registered migration agent must take account
of objective criteria to make an application under the Migration Act or
Migration Regulations, he or she must be frank and candid about the
prospects of success when assessing a clients request for assistance
in preparing a case or making an application under the Migration Act or
Migration Regulations.
This is so amazing. The simple act of setting an appointment with a
Registered Migration Agent from Australia, sitting down and honestly
discussing your professional or personal circumstance forces the
agent to be frank and candid about the prospects of success when
facto visa category when the applicants havent yet met the 12 month
co-habitation period that the Australia Government requires if that is
their only avenue open to them.
2.19 Subject to a clients instructions, a registered migration agent has
a duty to provide sufficient relevant information to the Department or a
review authority to allow a full assessment of all the facts against the
relevant criteria. For example, a registered migration agent must avoid
the submission of applications under the Migration Act or Migration
Regulations in a form that does not fully reflect the circumstances of
the individual and prejudices the prospect of approval.
Each visa category is unique. They are all processed by the same
Government department in Australia but they all have their own
idiosyncrasies. I have spent every day of my professional life since
1999 making sure I found every known legal way of securing a valid
and genuine application. In the final version of this book I explain the
different categories and point out what the Australian visa requirements
are for Filipino applicants.
2.20 A registered migration agent must:
(a) find out the correct amount of any visa application charge and all
other fees or charges required to be paid for a clients visa application
under the Migration Act or the Migration Regulations; and
(b) give the client written advice of the amount of each fee and charge;
and
(c) if the agent is to pay an amount for the client - give the client written
advice of the date by which the amount must be given to the agent so
that the interests of the client are not prejudiced; and
(d) give the client a written notice of each amount paid by the agent for
the client.
Yes, I know Im asking you to read a lot of government fine print but
there is method in my madness! Im proving to you that the Code is a
checklist which you follow to ensure that your visa application is
lodged validly.
The extract above mentions fees. Here is another area you should be
aware of. DIBP usually review their fees at least three times per year
and therefore they may increase their VAC charges during the course
of application process. Just knowing this could be the difference
between lodging a valid or invalid visa application.
2.21 A registered migration agent must not submit an application under
the Migration Act or Migration Regulations without the specified
accompanying documentation. For example, in a marriage case,
threshold documentation would include a marriage certificate and
evidence that the sponsor is an Australian citizen, an Australian
permanent resident or an eligible New Zealand citizen, without which
assessment of the case could not proceed (unless the agent has a
reasonable excuse or the client has requested the agent to act despite
incomplete documentation).
Threshold documentation. Do you have any idea what that is? On
many occasions I have been approached by frantic Filipino applicants
both here in Australia and in the Philippines (where I operate an office
with a TEAM of focused and discipline documentation specialists) and
by knowing which documents were required for their particular visas I
was able to submit a valid and genuine applications in time before their
other visa had ran out or before they had turned a particular age.
2.23 A registered migration agent must take all reasonable steps to
maintain the reputation and integrity of the migration advice profession.
When I read this I smile and think How holistic is this particular clause
in ensuring a Registered Migration Agent from Australia must behave
and provide the best possible service to their clients. Let me repeat,
the Code of Conduct is your best insurance cover in lodging an
application. An application which is valid and genuine will be approved
and granted in the fastest possible time.
I would like to personally encourage you now to stop and consider the
consequences of lodging an invalid and non-genuine application to
migrate to Australia. Consider the many impacts on you, your partner
and your children. Consider the impact on your financial position.
Consider for a moment the affect it will have on your general well being
and the stability in your life.
I put it to you as well that wouldnt it be refreshing to find out after
consulting a Registered Migration Agent from Australia that all of the
concerns you currently have can easily be resolved - by legal and
common sense remedies.
No more sleepless nights!
Engaging a Registered Migration Agent from Australia can and often
does open a lot more doors and opportunities for you than attempting it
by yourself or using unregistered third parties. You will understand the
procedure better and you can rely on a registered professional who
clearly understands what might be a complicated and confusing visa
application.
I therefore extend to you a personal invitation to call, write, email, text,
Skype, Yahoo Messenger, Facebook and Tango or set an appointment
with me so we can professionally go through your application and
discuss and sort out the best possible way you can lodge a valid and
genuine visa application to Australia from the Philippine and AVOID
THE MIGRATION MINEFIELD: Safely Migrate to Australia from the
Philippines.
They are very competent, and the consultants, they are very
professional. At the very first stage, they will tell you right away if a visa
for you would be possible, they would never give you false hopes and
that I think is one factor that makes them very successful, they are very
transparent to their clients. (Click to read more)
-Andrevel Velasco
Not only has your service been thoroughly professional, you and your
team have shown a great breadth of experience and genuine
friendliness which was much appreciated. And now I have already a
job here and enjoying the spirit of a new country. (Click to read more)
-Jojo A. Castillon & Family
It was a very smooth process, very cool imagine less than two months!
To be exact it was one month and twenty four days when I was finally
grantedNAX YOU GUYS ARE SO AMAZING! BRAVO!
(Click to read more)
- Lilibeth Gamban
I would like to take this chance to thank you and Mr. Jose Aniceto
Respall for opening our chances here in Adelaide, you have made a
dream to a reality.(Click to read more)
-The Nadres family
I was once refused to obtain a tourist visa and never thought that I
could still make it to Australia until my sister in Australia search through
the internet for outstanding migration firm and choose RESPALL
Migration Australia. She was never wrong of RMA. Now I already have
an Australian Visa at last! (Click to read more)
-Leenanie Rubin and Ma. Lorena Cubero
First, they start by being frank (they assess you and tell you
objectively your chances of immigration). Then they become helpful
(they provide necessary and timely support to help you go through the
intricacies of the application process and the rigors of waiting). Then
they become emphatic (they are as ecstatic as you are when your
visas get approval.) (Click to read more)
-Ronald, Monet, Gerard, Nathan & Usaac BUCUD
I still remember when the first time I step on your office and assess if I
and my family can migrate to Australia. I thought it was very hard but
through your office and excellent job of your staff my dream came true.
(Click to read more)
-Earah & Shakira Solis
It was late last year when I first thought of applying for an Australian
residence visa. I searched thru the internet forums to weigh the pros
and cons of getting the services of a migration agent, with the option of
working on the application all by myself. It turned out that for so many
positive reasons, it is still best to hire somebody who can assist and
represent me in my visa application. (Click to read more)
-Christian Ebio
When we first thought of migrating to Australia, our prayer was for God
to make the entire process an easy ride. And then He showed us the
way to the Makati office of the Australian Project Services of Mr. Jose
Aniceto Respall. One year after our first meeting with Ms. Triny Anque,
the ever reliable TRINY, we got what we aimed for, an Australian
Permanent Resident VISA for our family.(Click to read more)
- Joefran Macapanton
I wish to thank Australian Project Services for their excellent work in
acting for us with our application for Annas visa. As former Managing
Director and Quality Assurance Manager of my own manufacturing
company in Melbourne for over 30 years I am very much aware of the
need for correct documentation and experience in dealing with any
government agencies at all levels. (Click to read more)
- Jeffrey Elsum
Australian Project Services is the fastest way down under. In less than
a year from the time we engaged their services, we had our passports
stamped with Australian Visa. Our dream of migrating to Australia is
now within reach. To Mr. Respall, you are the best. (Click to read more)
-Gil & Lei Ramirez
It was on 28 Oct 2004 when I first stepped into Mr. Respalls office,
Australia Project Services. Its still fresh in my memory how
accommodating Triny and the rest of the staff were. All the details that I
need to know then were clearly explained point by point. They have
We thank you so much Triny for such an outstanding effort for the
fiancee visa for Ailleene. You made it so easy and you were right with
everything you told us before we went ahead with it. We only waited for
4 months for the fiancee visa to be granted.We are very happy now
and thanks to you and the Respall team.(Click to read more)
-Danko & Ailleene
I am so grateful that I found RESPALL because the quality of work
and attention they displayed throughout the process was exceptionally
impressive. I feel extremely fortunate to have found RESPALL, and
confident that our visa application was in the right direction.
(Click to read more)
- Bobby Diza
Right from the start RESPALL impresses me with their efficient
professional manner. I would highly recommend RESPALLs services
to anyone, especially Ms. Jessa. (Click to read more)
-Mae A. Castillon
I suggest you consult a Registered Migration Agent and find out what
they have to say about your particular visa application at the very least.
In reality, these are large amounts of monies and you had better have
an insurance policy to protect this investment. An experience
Registered Migration Agent can provide this protection and advice you
properly in lodging a valid and genuine visa application to Australia.
Notes:
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