Can You Get a Refund If Your Immigration Application Fails?
No legitimate consultant can charge fees only if your visa is approved. Consultants charge for services — not results. If they promised a refund on failure, this is a red flag and a violation of professional codes.
Can Consultants Charge Only on Approval?
No. Both CICC (Canada) and OMARA (Australia) prohibit conditional fees. Consultants must charge for services rendered, regardless of the outcome.
Why Approval-Based Fees Are Illegal
- Creates a conflict of interest (consultant benefits from fraud)
- Encourages misrepresentation on applications
- Shifts visa approval risk to the client
- Violates professional codes in both countries
If Your Consultant Offered Approval-Based Fees
This is a major red flag and a violation. Do not hire them. Report to:
- Canada: CICC at college-ic.ca
- Australia: OMARA at omara.gov.au
What Happens If Your Visa Is Refused?
Your consultant keeps the fee. You paid for services (application preparation, document gathering, etc.), which they provided. The outcome is not guaranteed.
When Can You Claim a Refund?
You may claim a partial refund if:
- Services were not completed: Your consultant did not finish agreed-upon work.
- Negligence caused the refusal: Your consultant made a mistake that directly caused the refusal (rare, requires proof).
- The refund policy applies: In Australia, your service agreement must contain a fair and reasonable refund policy, and any refund owed must be paid within 14 days.
How to Challenge a Refused Refund
- Send a written request to your consultant explaining why you believe a refund is justified.
- If they refuse, file a complaint with CICC (Canada) or OMARA (Australia).
- Consider small claims court or consultation with a lawyer.
Frequently Asked Questions
Do I get a refund if my visa is refused?
No. Legitimate consultants charge for services rendered, not for results. Even if your application is refused, they have provided work and keep the fee.
What if my consultant guaranteed approval?
That is fraud. Consultants cannot guarantee visa approval — no one can. Report them to CICC (Canada) or OMARA (Australia).
Can I negotiate a partial refund if services were incomplete?
Possibly. If your consultant did not complete the agreed-upon work, you may negotiate a refund for the incomplete portion. This depends on your agreement.
What if my consultant was negligent and caused the refusal?
You may have grounds for a complaint to CICC or OMARA, and possibly a small claims case. Document everything and consult a lawyer.