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AUSTRALIA- GENERAL SKILLED MIGRANT PROGRAM

RETAINER AGREEMENT

On this (Date): Feb 11 2023

Mr. / Ms. First Name (Self): Mukul Saxena


First Name (Spouse): Swati Saxena
Correspondence Address: C-97, ASHIRWAD APARTMENT, PLOT-11

SECTOR-12, DWARKA
DELHI Delhi

Pin Code: 110078


Permanent Address: C-97, ASHIRWAD APARTMENT, PLOT-11, SECTOR-12
DWARKA,NEW DELHI - 110078

Date of birth (DD/MM/YY) 1985-10-26 Spouse (DOB):


E-Mail (Self): mukul1saxena@gmail.com
E-mail (Spouse): swatisaxena_id@yahoo.com
Phone: Applicant (M.): 8800767555 (O)
Spouse (M): 9953395515 (O)

Hereinafter referred to as the 'APPLICANT' and

Abhinav Immigration Services Private Limited


Head Office: 307, 3rd Floor, Devika Towers,
Building No. 6, Nehru Place, New Delhi -110019
Hereinafter referred to as the "Immigration Specialist"

Whereas the Applicant has retained the services of the Immigration specialist, with respect to his
application for Australian “General Skilled” migration program, the Immigration specialist hereby accepts
the mandate, subject to the terms and conditions and attached Annexure. The Annexure agreed to are:
Annexure I: Application procedure
Annexure II: Duties of the Immigration specialist
Annexure III: Duties of the Applicant and Terms and Conditions
Annexure IV: Refund Clause
Annexure V: Immigration specialist Fee Payment
Annexure VI: Fee Schedule – post filing issues and optional services

Where this Retainer agreement has been sent & accepted digitally for client perusal, In the event of
non- receipt of duly signed agreement from the client, it will be presumed to have been accepted “as
is” by the client.

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ANNEXURE I

AUSTRALIA GENERAL SKILLED MIGRANT PROGRAM – APPLICATION PROCEDURE

Australia GSM is proposed to be a three stage application processes for the qualified applicants

Step One

1. Skills assessment from the professional assessing body as per the occupation. The applicant will
provide (non- refundable) fee that is payable to the skills assessment agency towards
assessment process and report.
2. Applicant will appear in and clear his IELTS / PTE (A) / TOEFL iBT and get the minimum points
eligibility or as per the skill assessment authority requirement under each of the 4 modules.
The applicant will pay (Non-refundable) applicable fee to the IELTS / PTE (A) / TOEFL iBT test
conducting agency.
3. Application cannot proceed to stage 2 unless the applicant has received positive skills
assessment and minimum required IELTS / PTE (A) / TOEFL iBT score applicable to the applicant
and provided both these critical documents to the immigrationspecialist.

Second Step

With Positive Skills assessment report and required band in English test - IELTS, TOEFL iBT, PTE
Academic, Occupational English Test (OET), Cambridge C1 Advanced test band(s) and all other
information (to be provided by the applicant) in hand, the Immigration specialist will file an on- line
express of interest (EOI). Where application is being filed under state sponsorship, the immigration
specialist will file the state sponsorship application along with (where applicable) non-refundable state
sponsorship fee. Applicant will pay applicable state sponsorship fee.

The application will stay in the EOI pool created for up to 2 years (Conditions that assessment report
and English test report remains valid) and will wait for an invitation, from Department of Home Affairs
to make a visa application. In case of state sponsored applicants, Department of Home Affairs will issue
invite after state has confirmed sponsorship. The invite may come in during a time frame, lasting up to 2
years and is determined by various factors including and not limited to the skills and qualifications
needed in the Australian Labor Market and/or the selection of his profile – from the EOI pool– by an
Australian employer or region or state. The pool is open for 2 years for review of state/regions and
employers. If application is not picked up from the pool within 2 years, then it will lapse and the process
– for the purpose of application under mandate of this contract will come to an end.

Third Step

If the application cannot be filed with Department of Home Affairs within 60 days of issuance of invite,
the approval will lapse and therefore once the applicant gets the invite, he will have to provide all
documents to the immigration specialist - within 30 days of receipt of formal invite- so as to enable the
Immigration specialists to lodge the visa application with Department of Home Affairs

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ANNEXURE II

DUTIES OF THE IMMIGRATION SPECIALIST

The Immigration specialist shall

a. Advise the Applicant on his/her qualifications for Australian Permanent Residence.

b. Review and identify for submission, the Application Form and all required documents in
support of the application to “Assessment Authority” and where applicable for “state
sponsorship”.

c. Review and identify for submission, all information and documents required for filing of the EOI
application.

d. Submit the EOI and where applicable, state sponsorship application.

e. Post submission of EOI and if the applicant is selected from the Pool, prepare his application for
filing with Department of Home Affairs.

f. Prepare the Applicant, if scheduled, for the selection interview with the processing Visa Office.

g. Advise Applicant on additional written and / or verbal representations to the processing Visa
Office and related Australian agencies, as is deemed necessary by the Immigration specialist.

h. Ajay Sharma, Principal consultant of Immigration specialist, has an offshore agent number. It
permits him to represent the client with various assessment and immigration agencies in
Australia. BUT an offshore Migration agent number is not the same thing as a member of
MARA, for which requirements are that one must be resident/citizen of Australia. In addition, a
MARA agent must undergo relevant examinations and procedures to become fully fledged
member of MARA. Ajay Sharma or immigration specialist is NOT a member of MARA and do
not meet the requirements of being a MARA agent.

i. However, Immigration specialist does provide an OPTION of services of a MARA agent to the
applicant. Should the applicant wish to have services of a MARA agent, the immigration
specialist can recommend contact details of such a MARA agent at applicants’ risk and costs.
Such MARA agents normally charge a fee of AUD 2500/- to AUD 3000/-. The applicant is
required NOT to sign this contract and NOT to pay fee to the Immigration specialist under this
contract, if he/she wishes to hire services of a MARA agent and should request contact details
of a recommended MARA agent – who will NOT be an associate of immigration specialist and
nor is immigration specialist an agent of such a MARA agent.

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j. By the signing this agreement, the applicant and paying fee to the Immigration specialist, the
applicant has confirmed that he/she is not interested in services of a MARA agent.

k. Abhinav site visitors and clients who are taking on-line website payment facility, offered by the
company, may kindly note that the company or client is required to share customer billing details
like name, phone, address etc. with the bank. It can happen that the bank can use these details
for their research or marketing purposes. Clients or visitors having an objection to such an
action from the bank should not take on-line website payment facility and opt for other forms
of payment such as cheque or bank transfer or use credit card machines installed at our
offices.

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ANNEXURE III

DUTIES OF THE APPLICANT AND TERMS AND CONDITIONS OF RETAINER AGREEMENT

The Applicant understands, has been informed and agrees on the following:

1. The applicant shall provide all necessary information and documentation required,
including English translations in an acceptable form and as requested by the
Immigration specialist and the processing Visa Office. The immigration specialist based
on the information and documents provided by the applicant has accepted this case. If
the information is unacceptable, false or bogus or incomplete or inaccurate, the
Immigration specialist bear no responsibility for the effect of that on the outcome of
the Application, or the suitability or accuracy of the advice given, or the actions taken by
the relevant agencies.

2. The mandate of the Immigration specialist is limited to assist the applicant on


guidelines and issues related to filing and processing of his immigration visa application
as per stages advised in annexure one and only for the stages for which he (immigration
specialist) has been paid. The mandate under this Retainer Agreement is finished on
filing of application after receipt of invite from Department of Home Affairs or lapse
automatically after 2 years under all circumstances, whichever is earlier.

3. The Immigration specialist has no control over an unfavorable modification to current


selection criteria which occurs subsequent to the signing of this agreement and where
after the signing of this agreement there is a change in pass mark, or where there is a
retroactive application of new laws on previously filed applications.

4. All applicable government and skills assessment agencies fee, for all stages, are subject
to change at the discretion of Government of Australia and the immigration specialist
has not control over such an announcement. The applicant will pay the fee as
applicable and required by immigration process.

5. The Immigration specialist does not give and has not given any guarantee that the
Application will be successful.

6. The applicant shall faithfully disclose to the Immigration specialist, all information
related to any and all of the Applicant's and dependents' current or prior criminal
charges and / or convictions, bankruptcies, etc.
7. The Applicant must provide, within 120 days of signing this agreement, an IELTS / PTE

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(A) / TOEFL iBT report with required Band to enable the immigration specialist to file the
EOI application. The client understands and agrees that the EOI application cannot be
filed without information on required IELTS / PTE (A) / TOEFL iBT score and positive skills
assessment report.

8. The Applicant must provide, within 120 days, all documents and forms and information
that will enable the immigration specialist to file his/her skills assessment application
with the relevant assessment body.

9. This agreement is extendable to another two-year term from the date of reapplying
of skills assessment/ EOI subject to the willingness of client for the same. This service
however shall be given at an additional nominal fee of Rs.40,000 plus GST 18%.

10. Applicant shall inform the Immigration specialist of any and all communications
received by the Applicant from the processing Visa Office - in writing or telephonic
- within 7 days of receipt of such communication. Also, Applicant shall inform the
Immigration specialist of any communication - written or telephonic - undertaken by
the Applicant, directly with the Visa Office, within 7 days of undertaking such
communication. This includes personal visit to Visa Office and or inquiry on telephone.
11. Applicant shall attend all interviews; if any; as and when required by the processing
Visa Office at the location advised by the Visa Office and at his/her cost and promptly
follow all instructions as communicated by the Visa Office.

12. Applicant shall demonstrate possession of sufficient liquid funds prior to visa issuance,
or at any time during the application processing, in accordance with the requirements
of the Australian Government's policy on settlementfunds.

13. After positive skill assessment, if EOI is not created for any reason whatsoever within 2
Year of the validity of skills assessment, if at all we have filed EOI and in between the
skills assessment letter gets expired then his EOI will also get ineligible. In such scenario
the agreement will automatically stand terminated/closed in our record.

14. Applicant shall pay all fee that may be payable to various government and skills
assessment agencies and language testing agencies, including but not limited to Skills
assessment fee, Residency visa application fee, IELTS / PTE (A) / TOEFL iBT test, medical
tests and so on. These entire fees are non-refundable and not reimbursable by the any
of the receiving agencies or Immigration specialist, irrespective of the decision on the
immigration application. A positive assessment or decision is discretionary with the
relevant agency or authority and the Immigration specialist has no control over final

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results at any stage of the application. The Immigration specialist has offered no
guarantee of a positive assessment or result of the proposed application of the
applicant for any of the stages.

15. Applicant shall pay the Immigration specialist’s fee, as set forth in this Agreement;

16. Where skills assessment expires under any occupational category/skills assessment
agency -- for any reason -- including and not limited to where the applicant is not able
to get the required IELTS score to enable us to file the application before the
assessment report expires, Then the agreement will stand closed and the applicant
needs to sign a fresh contract of engagement and pay a fresh fee if interested in taking
our services again.

17. Applicant shall intimate to the Immigration specialist of all information related to
change of residential / mailing address, educational / professional qualifications,
change of marital status / employment or employer, newly born children or any police
/ criminal case - subsequent to filing of application and during processing till the
issuance of Permanent Resident Visa.

18. Applicant shall undergo an IELTS / PTE (A) / TOEFL iBT test and attain a minimum
individual score of 6 band in each of the four assessment factors of read, write, speak
and listen as is applicable to the nominated occupation in which he is applying to
secure the minimum pass mark of 65 or as required to meet the eligibility.

19. Applicant shall ensure that, if married, the spouse undergoes an IELTS / PTE (A) /
TOEFL iBT test and provides a report with minimum score at least 4.5 or equivalent, in
each band. This test and accompanying report are required as part of documentation
for married applicants, even if the applicant is not claiming points for spousal
qualifications. If the applicant is claiming 5 points (to reach the minimum pass-mark)
for spousal qualifications, then the spouse must provide an IELTS / PTE (A) / TOEFL iBT
test score with minimum score of at least 6.0 in each of the four factors of Reading,
Writing, Listening and Speaking along with positive skill assessment from relevant
accessing authority

20. Applicant agree to payment of additional fee for applicable English language tuition fee
to Department of Home Affairs /Australian Government, in case spouse is not able to
meet the minimum score requirements of 4.5, in each band, under IELTS / PTE (A) /
TOEFL IBT.

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21. The applicant acknowledges that he has been informed about the average waiting
periods/ average processing time, as applicable to his visa category and further that
such waiting periods/average processing time is subject to discretion of the processing
visa office/assessment authority.
22. The applicant has been informed that the positive assessment of his and spousal
educational and professional qualifications and IELTS / PTE (A) / TOEFL iBT /
Occupational English Test (OET)/ Cambridge C1 Advanced test report with required
score are a pre-requisite for filing of his EOI.

23. The Immigration specialist does not and has not given any assurance, advice or
commitment on Job assistance or job guarantee, post visa approval and post- landing
in Australia.

24. The agreement with Abhinav Outsourcings is valid for filing only one application where
it is being filed under regional/state program. Whether or not the client gets an
approval from one state, if he/she wants to file under additional state programs, then
he/she must pay an additional amount of Rupees 25,000/- (Rupees Twenty five
thousand only) per additional state GST extra asapplicable.

25. In case of a dispute / disagreement in relation to this contract or the application for
Australian Resident Visa or refusal thereof, the obligation of the Immigration specialist,
if at all it is arises and is due in the first place - financial or otherwise - shall not exceed
and will be limited to the amount paid to the Immigration specialist as immigration
specialist Fee. Where the applicant has hired services of a MARA agent by paying him
the additional optional services fee, such a fee is not refundable under any
circumstances.

26. The Immigration specialist shall not help / assist in any of the following directly or
indirectly: Obtaining Police Clearance Certificate(s); Passport work, of any nature; Any
documents / evidence, pertaining to their case as requested by the Visa Officer;

27. The client must provide employment reference letters, from employers with clear
mention of duties and responsibilities performed by him/her with various employers —
for the claimed years of experience. The referenceletters
i. Should be on letterhead; o Should be dated;
i. Should carry full name of the employee (our client) o Should carry full name of
the signing executive;
ii. Should carry designation of the signing executive;

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iv. Should carry dates of related experience (from when to when); o should
confirm that the employee is working full time.

28. Should confirm the designation or designations held by the executive while being in
employment of the company;
i. Should confirm the duties and responsibilities performed by the employee (our
client);
i. Should carry the contact details (phone number and email ID of the signing
executive.

29. Applicant(s) acknowledge that they have retained a true copy of this “Retainer
Agreement” and that they have been advised that they may obtain independent legal
applicant about this Agreement before they sign.

30. Applicant(s) accept that all services, warranties, Money-Back Guarantees, etc. are
governed by this contract if engaged, a copy of which has been provided to them and
as set out in various annexure of this agreement and duly signed by him.

31. The parties hereto expressly agree that this agreement be written in the English
language.

32. Ajay Sharma, Principal consultant of Immigration specialist, has an offshore agent
number. It permits him to represent the client with various assessment and
immigration agencies in Australia. BUT an offshore Migration agent number is not the
same thing as a member of MARA, for which requirements are that one must be
resident/citizen of Australia. In addition, a MARA agent must undergo relevant
examinations and procedures to become fully fledged member of MARA. Ajay Sharma
or immigration specialist is NOT a member of MARA and do not meet the requirements
of being a MARA agent.
33. However, Immigration specialist does provide an OPTION of services of a MARA agent
to the applicant. Should the applicant wish to have services of a MARA agent, the
immigration specialist can recommend contact details of such a MARA agent at
applicants’ risk and costs. Such MARA agents normally charge a fee of AUD 2500/- to
AUD 3000/-. The applicant is required NOT to sign this contract and NOT to pay fee to
the Immigration specialist under this contract, if he/she wishes to hire services of a
MARA agent and should request contact details of a recommended MARA agent – who
will NOT be an associate of immigration specialist and nor is immigration specialist an
agent of such a MARA agent.

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34. By the signing this agreement, the applicant and paying fee to the Immigration
specialist, the applicant has confirmed that he/she is not interested in services of a
MARA agent.

35. The applicant agreed to follow terms and conditions set out in various annexure of this
agreement and duly signed by him and follow all instructions given by the Immigration
specialist.

36. The client acknowledges that original of this contract / agreement will be kept with the
Consultant. A signed copy will be provided / made available, electronically on the
registered email(s) ID (mentioned in the contract contact details) of the client. All the
parties to this contract confirm their understanding and agreement to the advised
system of contract exchange/sharing for all purposes.

37. Abhinav site visitors and clients who are taking on-line website payment facility,
offered by the company, may kindly note that the company or client is required to share
customer billing details like name, phone, address etc. with the bank. It can happen
that the bank can use these details for their research or marketing purposes. Clients or
visitors having an objection to such an action from the bank should not take on-line
website payment facility and opt for other forms of payment such as cheque or bank
transfer or use credit card machines installed at our offices.

38. State Sponsorship Applications: Client understands and agrees that – in case where
state applications are involved– in time submission of these applications is not in the
control of the consultant on account of various factors including but not limited to (a)
opening of the state program (b) Limited quota (c) Absence of clients’ occupation in list
of open occupations under state sponsorship program or change in occupations open
for specific state nomination (d) Unexpected announcement of opening of call for state
sponsorship application submission (e) overloading of state application submission
systems or failure of IT systems (f) pick-up of an application from the EOI pool within
stipulated period.

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ANNEXURE- IV
REFUNDCLAUSE

The Applicant is not entitled to any refund, of the Immigration specialist Fee paid to the Immigration
specialist, under any of the following circumstances:

1. No refund is ever due unless application has been formally filed and formally refused. A refusal
implies a refusal letter, in original, from the relevant assessing or visa or Government office.
The applicant must present a refusal letter in original to make such a refund claim.

2. Post signing of this agreement, NO refund is due to him under ANY situation and for any reason.

a. Where the applicant has opted for installment option plan while making payment to
the Immigration specialist and under Annexure V.
b. The applicant does not perform any of the duties and does not meet any of the terms
and conditions -as mentioned in annexure III.
c. The applicant cannot provide reference letter in line with requirements mentioned in
Annexure III, Point (27-28).
d. The Applicant decides not to proceed ahead with the filing of his application with the
relevant assessment authority, after signing this contract and payment of immigration
specialist fee, for any reason whatsoever.
e. After signing the contract, the Applicant decides to withdraw his / her application
because of longer processing delays at any stage.
f. The Applicant has been informed and agrees that the processing delays of an
Immigration application are not within the control and discretion of the immigration
specialist and are determined by the Australian Government and agencies and External
factors, over which the immigration specialist has no control.
g. The Applicant does not undergo the medical formalities as required by the Visa Office.
h. The application is not picked up from the EOI pool over the advised 2 years period.
i. The application is refused on Security or medical inadmissibility grounds.
j. If the application is refused or cannot be filed in the event of an unfavorable
modification to current selection criteria which occurs subsequent to the signingof this

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agreement? This will also be applicable where after the signing of this agreement there
is a change in pass mark, because of which case is not, qualified any more or where
there is a retroactive application of new laws on previously filed applications.
k. If the applicant withholds any information, as may be relevant to his application, during
processing or interview with the Visa Office (telephonic or otherwise) or the
Immigration specialist.

3. Where and only if the applicant had opted for down-payment fee option and should the
application be refused for reasons other than those identified in (A) above, the Immigration
specialist will refund under following situations:
a. If the application is refused at the skills assessment stage, the applicant is entitled to
refund of an amount not exceeding 25% of the consulting fee paid to the immigration
specialist.
b. If the application is refused after filing of residency visa application (post EOI approval),
then the applicant is entitled to refund of an amount not exceeding 25% of the
consulting fee paid to the immigration specialist.

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ANNEXURE – V
CONSULTING FEE - IMMIGRATION SPECIALIST

Payment option I - Installment Plan

The Applicant agrees to pay a consulting fee in Indian Rupees;

(Amount in Figure) = 75000


(Amount in words) = Seventy Five Thousand Only

Installment – I

Rs. 75000 Payable towards initial retainer and at the time of signing of the Retainer
Agreement.

Installment – II

Rs 0 Payable after receipt of positive skills assessment and required IELTS / PTE
(A) / TOEFL iBT score and prior to filing of EOI Application

Installment – III

Rs. 0 Payable After being selected from the pool of applications filed underEOI
process mentioned above

***GST 18% extra as applicable on all mode of payment.

Payment option 2 - Down-payment Plan

The Applicant agrees to pay towards down payment one-time visa consulting fee of
Rs. 75000 .

***GST 18% extra as applicable on all mode of payment.

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ANNEXURE – VI

POST FILING FEE ISSUES AND OPTIONAL SERVICES

1. Where the applicant is single and gets married AFTER the application has been filed and it is in
process and he wishes his file to be updated with spousal information, he will pay additional
Rupees 40,000/- plus GST for updating information and forms for spouse

2. Where the applicant is married and is blessed with a new born baby, while the processing of
the application is under process, the file will be required to be updated with forms and
information related the new born child, then he will pay additional Rupees 25,000/- (Taxes
extra as applicable) for updating information and forms for the child.

3. An administrative and counseling cost of Rs.25000 shall be deducted should the client wishes
to withdraw from the process and have not signed the agreement.

4. Where the applicant wishes to get his file transferred to another overseas location, while the
processing of the application is under process, he will pay additional Rupees 20,000/- (Taxes
Extra as applicable) for executing the transfer process to another Visa office.

5. Where applicant is claiming additional points for spouse and then skills assessment of spousal
qualification is also required. In such a situation, the applicant will pay an additional
consulting fee of Rupees 40,000/- (Taxes extra as applicable) for services related to
preparing and filing of spousal skills assessment application

6. That in case of any dispute and disagreement, on any of the terms and conditions of this
Retainer Agreement, it is agreed herewith that this Contract is governed, interpreted and
enforced as per laws of the Republic of India and that in all legal matters the jurisdiction shall
only be of Delhi Courts and that in case of a dispute, on any terms and conditions of this
Retainer Agreement, the dispute will be referred to the Arbitrator, Mrs. Anusuya Salwan,
Advocate, located at 47, Pusa Road, New Delhi and her decision on the dispute shall be final and
binding on both the Immigration specialist and Applicant.

Remarks Agreement:
Complete documentation with Spouse assessment

Client Name: Mukul Saxena


Email Id: mukul1saxena@gmail.com
Mobile: 8800767555
Dated: Feb 11 2023

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