At Vital Migration Australia we do what we can within the limitations of relevant law and obligations of our profession to assist our clients to achieve their migration goals. However, we cannot and do not guarantee any outcome for any application. We do not have any influence over any decision maker and decisions on applications are made by authorities in accordance with relevant legislation.

If you engage our services for the entirety of your application and it is not approved, you may be eligible for a refund of our professional fees under our “No Visa, No Fee” arrangement.

The following terms and conditions apply to all clients engaging with Vital Migration Australia under the “No Visa, No Fee” arrangement. By proceeding with this arrangement, you acknowledge and agree to the following:

“Client” refers to any individual who is party to a Service Agreement with Vital Migration Australia.

Eligible Applications

1. The “No Visa, No Fee” offer is only available for eligible visa subclasses, as determined by Vital Migration Australia at its sole discretion
2. Initial eligibility for this arrangement will be assessed and confirmed in writing in the Service Agreement
3. Clients must provide full and accurate information during the consultation and application process
4. The following applications are eligible for the “No Visa, No Fee” arrangement unless excluded:
   1. Subclass 155
   2. Subclass 186 (visa application only)
   3. Subclass 191
   4. Subclass 482 (visa application only)
   5. Subclass 494 (visa application only)
   6. Bridging Visa B
   7. Australian Citizenship by Conferral
5. The following are not eligible for the “No Visa, No Fee” arrangement:
   1. Visitor Visas
   2. Standard Business Sponsorship
   3. Employer nomination
   4. Expression of Interest
   5. General Skilled Migration (unless listed above)
   6. Applications with third parties, including (but not limited to) skills assessment, state/territory endorsement, state/territory nomination and RCB advice
   7. Ministerial Intervention
   8. Clients who have had a previous visa refusal or cancellation, unless agreed in writing
   9. Appeals (eg: ART or judicial review)
   10. Ministerial Intervention requests
   11. Applications involving health or character waivers
   12. Complex or high-risk cases (unless explicitly approved in writing)
   13. Clients with a history of visa refusal or cancellation, unless otherwise agreed
   14. Any other application no specifically approved under this arrangement

Covered Services

1. This arrangement covers professional fees paid to us in association with the preparation and lodgement of an above-mentioned visa or citizenship application only
2. This arrangement does not cover professional fees paid to us in association with any service listed at item 5 above
3. Government fees, third-party costs (including but not limited to English tests, medicals, police checks, skills assessments, document translation) and other disbursements and associated tax and credit card surcharges are not included and remain the client’s responsibility

Eligibility Criteria – Specific Exclusions

Your application is not eligible for the “No Visa, No Fee” arrangement where the refusal of the application is based on or influenced by any of the following:

1. Non-disclosure of information or documentation:
   1. Any information or documentation not disclosed to us prior to both parties signing the Service Agreement, whether or not you were aware of its existence.
   2. This includes information or documentation that was not explicitly requested by us, but that a reasonable applicant would suspect may be worth mentioning or could potentially be of concern to the Department
   3. Incorrect, false, incomplete, missing or misleading information or documentation provided by the client
   4. Failure to respond to correspondence in a timely manner
   5. Failure to provide requested information or documentation by a deadline advised to you in writing
2. New Information
   1. Any health issue(s) that arose or were diagnosed after the Service Agreement was signed
   2. Any character issue(s) that arose or were discovered after the Service Agreement was signed
   3. Change in circumstances after the Service Agreement was signed relating to relationship status, finances or other relevant circumstance associated with any applicant, their family or any relevant associate or witness
3. Dependent Applications: refusal or withdrawal of any prerequisite or associated application required for the visa to be granted. This includes, but is not limited to:
   1. Sponsorship (all types)
   2. Labour agreement
   3. Nomination
   4. Skills assessment
   5. State/Territory nomination or endorsement
   6. Expression of Interest (EOI)
   7. Regional Certifying Body advice
   8. Any third-party or Department of Home Affairs process that is required for visa grant
4. Withdrawal
   1. Withdrawal of the application for any reason
   2. Withdrawal from Vital Migration Australia’s services
   3. Vital Migration Australia withdrawing from acting on the client’s behalf
   4. Relationship breakdown

Additional Exclusions

Your application is not eligible for the “No Visa, No Fee” arrangement where any of the following applies:

1. Vital Migration Australia did not have complete control over the entirety of the application preparation and lodgement
2. Vital Migration Australia was not involved in the selection of or did not agree to the nominated occupation (where relevant) or was not party to the arrangement or selection of any other factor pertaining to another application with influence over the application in question (eg: labour market testing)
3. Vital Migration Australia expressed in writing to the client that there is a risk of refusal of the application or an associated application (such as sponsorship, nomination, etc) for any reason and the client chose to or agreed to proceed with the application after being advised in writing that there was a risk of refusal

Client Obligations

1. You agree to cooperate fully, provide timely and truthful responses and disclose all relevant information
2. You must meet all deadlines and documentation requests set by Vital Migration Australia and the Department of Home Affairs.
3. Any failure to cooperate or to provide complete and accurate information may render this arrangement void and professional fees non-refundable

Fee Structure

Under this arrangement:

1. Professional fees will be refunded where an application is refused (subject to these Terms and Conditions)
2. If the application is approved, all professional fees remain non-refundable
3. A formal Service Agreement will outline all agreed fees, responsibilities and the scope of work

Cancellation or Withdrawal

1. If the client withdraws their application after lodgement or terminates services before an application decision is made, no professional fees will be refunded regardless of the outcome of the application
2. If the client terminates services before an application is lodged, only professional fees associated with work not yet completed will be refunded as per the terms outlined in the Service Agreement
3. Vital Migration Australia reserves the right to terminate the arrangement at any stage if these terms are breached or if the client acts in bad faith

Limitation of Liability

1. Vital Migration Australia and its Registered Migration Agents do not guarantee a visa grant or the success of any application. All advice is given in good faith based on the information provided and immigration law at the time
2. The “No Visa, No Fee” offer does not constitute a promise, warranty or guarantee of application success or visa grant

Variation

1. These terms may be varied by written agreement
2. The signed Service Agreement takes precedence over these general terms

If you have any questions above the above, please contact us to discuss.