# Help!! ACS complete through agent, can I resume on my own with the next process?



## Plan2Aus (Aug 29, 2013)

Hi All,

I have successfully cleared ACS this month, albeit I lost first two years of experience as that company is no more operational. My agent, who isn't MARA registered, has totally misguided me regarding ACS. At her behest, I blindly submitted some fake letters (roles&resp, experience and projects) as if signed by my HR. Although my experience is truly genuine and haven't exaggerated a bit in the letters, as I couldn't get these docs from HR, I was told to prepare those letterheads with the sign of HR. Foolishly, I followed her as she cited few examples who could successfully get PR's using this technique.

Last month while ACS was in progress, I started doing some research on my own and has been following closely all the posts in this forum. I realized many things that were never mentioned by my agent. Following is what I realized:

Employee reference letter acts as a good substitute in addition to statutory declaration, when HR is not doing the needful
We can file all by ourselves and need not rely on agent

This month after I cleared ACS, I questioned agent why fake HR letters when we can opt for Employee Reference & statutory declaration. She said that doing so will increase our chances. When I questioned her what if a copy is sent to my HR for verification and then my job is at risk, she said that would never happen. Verification is only done by asking questions and not showing HR the documentary evidence. 

Not convinced by her answer and not wanting to take risk with my job, I decided to stop going thru the agent any further. I now want to go by my own, if I can. Can someone kindly answer my queries below?

Can I continue on my own from EOI onwards. All I have is a soft copy of ACS assessment. Do I need something else from agent?
Can I go with emp reference letters for main application, instead of fake HR letters? Will CO ask why HR letters submitted to ACS and not to DIAC? Any risks you can see?
If verification is done, will HR be shown the documents to confirm if they indeed gave them?

I am sad that despite having genuine experience I landed into a risk, thanks to my unscrupulous agent. I have no risk whatsoever, if DIAC only asks questions to HR without actually sending a soft copy of those documents. Someone kindly help!!


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## espresso (Nov 2, 2012)

Hi Plan2Aus, 

faking documents (even at the suggestion of somebody else) was a very foolish thing. To quote DIAC on document fraud: 



> It is a serious offence to misrepresent yourself, or one of your family members when making an application for an Australian visa. This includes making false or misleading statements, or submitting false information or false documents with your application.
> 
> Even if someone else completes your application for you, *you are responsible for it*.


What I would do: 
1.) Report your agent to DIAC and sever all business ties. 
2.) Read through the ACS Skills Assessment Guidelines, get real statutory declarations from colleagues and apply for a new skills assessment from ACS with genuine documents. You have to submit the same documents that you submitted to ACS to DIAC for verification. ACS/DIAC can also perform *employment validation*: calls, mails and even visits to former employers have been reported.
3.) Hope for a visa invitation and only apply with genuine documents for a visa.

If you apply with fraudulent documents the consequences can be dire: 



> Where you are found to have supplied bogus documents or provided information that is false or misleading to the department, your application will be refused and you will be subject to a *three year bar* which may prevent the grant of a further visa that is subject to assessment under the Fraud PIC.


Good luck, 
Monika


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## Plan2Aus (Aug 29, 2013)

Thanks Monica for the quick meaningful response!!

As you said, I would like to reassess myself with ACS with genuine documents. However, do I need to mention the reasons behind reassessment? Can we go with another ACS when we very recently got one? Will there be questions of any sorts by the ACS?


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## espresso (Nov 2, 2012)

Hi Plan2Aus, 

they have your old application on file, so it would probably be best to be open with them. Write a quick statement (couple of lines, not more) to *[email protected]* and tell them that your assessment was based on bogus documents. Tell them that you were ill advised by your agent, who submitted the fraudulent documents on your behalf. Your employers refused to issue the reference letters in the requested format and you only found out about the possibility to submit third-party statutory declarations after the assessment. Take full responsibility and tell ACS that you reported the agent to DIAC and are aware that your assessment is invalid. Then ask if it would be acceptable if you submitted a new application or if there is a ban/waiting period. 

Also check the Skills Assessment Guidelines on page 14. ACS will likely inform DIAC about the fraud case, so they may scrutinize your application in more detail. However, if you are open and truthful from now on, you should still be able to get through the visa process. 

All the best, 
Monika


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## Plan2Aus (Aug 29, 2013)

Ok, Thanks again. Will heed your advice and keep you updated.


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## madrag (Mar 12, 2013)

This is one of the reasons why I suggest against the migration agents. one of my friend lost 1.5 years of exp in ACS because the agent forgot to send the documentation. now when he re applied ACS again, the rules changed and they deducted 4 years of exp. This was the screw up after paying huge money to the agent. Now, he is trying to gain few more points from ielts and partner skills. sad but true story.


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