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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,
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.
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.
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.
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
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!