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Posted by on in General
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RMA hides their ID as they move from one employer to another

An interesting story came in on Friday afternoon last week.  Unfortunately, as Migration Alliance could not identify the RMA, we chose not to assist.   If anyone has any comments about this, please post them in the comments section:

From: Jane Smith <This email address is being protected from spambots. You need JavaScript enabled to view it. >

Dear Migration Alliance, 

I have a problem requiring your urgent assistance. I am a Registered Migration Agent. For privacy reasons I am not using my real name.
 
I am in a bit of a difficult situation and I am hoping that you could help.
 
I have recently resigned from a position at a migration agency and I've given notice until the end of this month. My MARA registration is due for renewal this month. Unfortunately, due to an oversight, I did not renew my MARA registration before I resigned. Now I am trying to get it renewed, however I need information and documents from my current employer in order to complete the registration (the required documents and information are related to the trust account, professional indemnity insurance and LegendCom subscription). I have asked my current employer to provide the documents and information but they seem to be dragging their feet. I am worried that they will not provide this information in time for me to renew my registration.
 
To complicate matters, I have accepted a job offer from another migration agency. For personal reasons, I did not tell my current employer that I am going to another migration agency. I do not want my current employer to know which migration agency I will be working for.
 
Now - my dilemma is this. In the event that my current employer does not provide the documents/information in time for my MARA registration renewal, I will have to request them from my new employer (even though I haven't started my employment there yet). However, this means I'll have to update the business details in my MARA registration renewal application and I am afraid this will end up on my MARA profile. I do not want the details of my new employer to be published on my MARA profile because I do not want my current employer to know where I am going.
 
The only way I can think of getting around this is to renew my MARA registration with the details of my new employer, however, update my MARA profile to put myself as the primary business without disclosing my new employer's details. However, I am concerned that this would constitute providing false/misleading information to MARA which is an offence.
 
If I have to update my employer's details on the MARA register, is it possible for MARA not to publish the details of my employer on my public profile? If so, I can simply renew my registration with my new employer's details and insurance, LegendCom subscription, etc, without alerting my current employer of who my new employer is.
 
I haven't contacted MARA regarding this because in the past they haven't been helpful. I have previously made an anonymous enquiry and they flatly refused to help me unless I told them who I was. 
 
At this stage, I haven't updated my employer details on my MARA profile as I haven't left my current employment yet.
 
I am hoping to resolve this quickly so any advice or suggestions would be greatly appreciated.
 
Thank you.
 
Kind regards,
 
J. Smith
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Comments

  • Guest
    Bianca Monday, 10 April 2017

    I recently went through this process. MARA made me change my registration details to my new employer before i started working there and accepted my new employer's client account etc. in lieu of my old employers. Good luck!

  • Guest
    FENG Monday, 10 April 2017

    IF MARA MAKES A RMA CHANGE THEIR REGISTRATION DETAILS TO THE NEW EMPLOYER BEFORE THE RMA STARTS WORKING AT THE NEW EMPLOYER, THEN THIS IS SURELY PROVISION OF FALSE AND MISLEADING INFORMATION. THE RMA IS STILL TECHNCIALLY EMPLOYED BY THE OLD COMPANY, OR IS EVEN A SOLE OPERATOR. THEY ARE NOT YET EMPLOYED BY THE NEW EMPLOYER AND THEY ARE STILL EMPLOYED BY THE OLD EMPLOYER THEY SHOULD LIST WHERE THEY STILL WORK,UNTIL THE END DATE ON THEIR EMPLOYMENT CONTRACT.

  • Colin Soo
    Colin Soo Monday, 10 April 2017

    As part of your renewal application why don't you tell MARA the issue? Let them decide to give you an extension or if they will allow to to get the documents for the new employer. Make sure you email the old employer to remind them to give you the required documents. That is your evidence of your attempts to obtain the necessary documents.

    When you start working for the new employer you will have to inform MARA and it will be published. That's pretty much to keep compliant with 3.3, 3.4 of the Code of Conduct. So it will be easy for the old employer to find out where you went to once your contact details have changed. I don't see what's the big deal about hiding this information from your old employer.

  • Guest
    The employer Tuesday, 11 April 2017

    An agent just did this at our office and tried to change their contact details across to their mobile and home address whilst still employed by us and during their notice period (where they are still on contract and still being paid). We had to put solicitors onto them and ask them to change it back to our company details and phone number and company email. They have done it.
    The issue is, that when an RMA gives notice and they are leaving, their clients need to be managed. New 956 forms need to be sent out. The clients are usually worried and panicking and often try and reach out to their agent. In our case, the agent has left under less than ideal circumstances and the relationship is strained. I wonder if the agent who wrote to Migration Alliance, is in fact, our current employee.

  • Guest
    Noel Victor Comley MARN 9687072 Wednesday, 12 April 2017

    It may be best to get your own insurance and legend subscription.

  • Guest
    Russel Thursday, 13 April 2017

    Put the request to your current employer in writing/email for the required documentation making it clear it is for your re-registration and when you need that information. Also advise that failure to provided the information will result in your failed registration (possibly). If they delay or outright refuse then advise them that you will be lodging a complaint with MARA over their conduct. There are strong expectations in the Code of Conduct that RMA's treat each other ethically and honestly. Give your employer time to comply. In the end if they willfully refuse to assist note this in your reregistration. If your reregistration fails lodge a complaint with MARA over your employers conduct as an RMA.

    Essentially, try for an amicable solution first if that fails then use your legal options

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