Refund and cancellation policy - Landmark

Refund and cancellation policy

Refund and cancellation policy

Refund Policy  

Refund and Cancellation Policy for Canadian PR Applications:

Landmark Immigration will not, under any circumstances, issue refunds for early/premature service withdrawal by the Applicant. 

After signing of the Contract of Engagement, there may be circumstances leading to a refund request of the fee paid to the Landmark Immigration. Depending on the situation, the following conditions will apply to the Applicant’s request for refund for any fee paid to the Landmark Immigration by the Applicant:

    1. Refund of 50% of the amount paid to Landmark Immigration is due if the results of the Education Credential Assessment (ECA) lead to a situation where an applicant’s (his/her) application cannot be filed for further processing at IRCC Canada. (Please Note: Clause no.1 is not applicable on the installment or part payment option plan).
    2. Refund of 25% of the amount paid to Landmark Immigration is due if the application is refused or returned by IRCC because of any reason apart from clause number 3 below.
    3. No refund will be given, whatsoever in case the application for the permanent resident visa is refused at any stage after a positive credential assessment is received from ECA as well as been accepted at IRCC, Canada.
    4. Please note that the Provincial Nominee Programs (PNP) under Express Entry Program have their own criteria and eligibility. Landmark Immigration holds no responsibility if the applicant is not eligible or the application has not been filed for any PNP for any reason whatsoever. In this case, the Landmark Immigration will help the Applicant for the Direct Process for Express Entry. S/he has to wait for the draw.
    5. In a situation where the Applicant does not get any invitation for a period of 12 months of lodgment into the pool in direct entry steam or the circumstance mentioned above, in point 4 of this Refund Policy, then Landmark Immigration would reapply in the next program year without any additional charges. If the Applicant does not wish to reapply in the next program year, the Landmark Immigration would refund 25% of the fee already paid by the Applicant to the Landmark Immigration. However, there will be no refund if the Applicant reapplies and chooses to withdraw or does not wish to proceed with his/her application during the process. Else, the Landmark Immigration reserves the right to provide an option to the Applicant to apply for a visa for any other country for which the Applicant may be eligible to apply. Such visa application to any other country would be done with mutual consent of the parties to this Contract/Refund Policy.a) The Applicant does not apply and provides the ECA report within 60 days of the signing of the agreement/contract of engagement.b) The Applicant drops the idea to further proceed with the filing of application at any stage including the processing stage, after signing this contract, for any reason whatsoevc) The Applicant does not follow various instructions and terms and conditions and requirements mentioned in this Contract.

      d) The Applicant does not enroll for the Educational Credential Assessment (ECA) process at his/ her costs,

      e) The Applicant does not enroll for IELTS test and/or does not secure the desired band, which will make his/her application meet the minimum eligibility requirement that is 67 points at present.

      f) Where applicable, the Applicant’s spouse does not undergo the IELTS test and/ or gets the desired band, enabling the Applicant to meet the minimum points criteria under the selection grid mentioned in the selection factors.

      g) The Applicant does not undergo the medical examination required by the Visa Office.

      h) The Applicant does not attend the interview at the Visa Office, if and when an interview is scheduled.

      i) If Applicant attends the interview without the knowledge of Landmark Immigration and his/ her case is refused.

      j) After filing the application, the Applicant decides to withdraw his/her application because of long processing time delays from Canadian High Commission/ Provincial Authority. The Applicant has been apprised that the processing time delays of PR application are not within the control and discretion of the Landmark Immigration and are determined solely by the Canadian Government and external factors, over which Landmark Immigration has no control, whatsoever.

      k) Where after the signing of this Contract of Engagement, the Applicant’s case does not qualify and could not be filed in IRCC/Canadian High Commission/ Provincial Authority/ IRCC due to changed pass mark, changes in the Immigration Act, changes in the Rules and Regulations or due to any change in the application procedures or regulations announced by the Federal Government Agencies or IRCC.

      l) During the Immigration process, refund would not be applicable if the Province stops’ accepting the application or quota gets filled. In such a case Landmark Immigration would wait for it to re-open or would apply under Direct Express Entry, if possible.

      m) The Landmark Immigration has no control over any unfavorable change in current selection criteria that takes place post signing of this agreement. And where after the signing of this agreement, if there is a change in the pass marks, or where there is a retrospective application of any new law on previously filed applications, the Landmark Immigration/RCIC shall not be liable for any unreasonable refund in such a scenario.
      n) Refund Clause will not be applicable if a case is transferred from one program to another due to any reason or circumstance.

    6. After signing of Contract of Engagement, where the Applicant’s application has still not been filed or has been filed but cannot be processed or is refused, Landmark Immigration Pvt. Ltd. has the right to withdraw their services without any refund of service fee already paid, in the circumstances mentioned herein below in case:
    7. Landmark Immigration is not liable to pay any amount if the reasons for rejection are any of thesea) If the applicants fails to attend the visa interview.b) Failure of medical examination by the applicant or his or her family members included in the application.c) Failure to provide a Genuine Police Verification

      d) Submission of fraudulent documents.

      e) Failure to provide Employment Verification from the Employer.

      f) Prior violation of any immigration or visa law by the Applicant or any of his or her family members included in the application.

      g) Late submission of any additional documents requested by the Visa Office anytime at a later stage.

  1. There would be no refund if the Applicant abandons his/her case within 3 months from the date of registration.
  2. Non-communication with Landmark Immigration for a period of 3 months shall be considered abandonment and the Applicant will not be entitled to any refund whatsoever.
  3. The Landmark Immigration is not responsible for any delay caused by third party services such as Courier Services etc., based on similar external factors like these. Also, applicants cannot claim a refund of service charges.
  4. The Fee paid to Landmark Immigration by the Applicant has no reference to the market charges and are as per the company standards to which the applicant has agreed upon. Any claims after the registration, signing of contract, like charges being too high etc., would not be entertained and the Applicant would have no right to contest the same as it was explained and expressed through all the sources of information, and the Applicant has been informed before registering/signing the contract.
  5. It is understood that submission of application for immigration is never generic, routine and/or time bound. The concerned Case Officer, at any stage, may call for additional documents, as per the changing requirements of the process, and may request for further submission of such additional documents to the concerned immigration authorities. Any request for refund on these grounds will not be entertained at all.
  6. The Applicant should also understand and accept that no refund or transfer of Landmark Immigration fee towards a friend or a relative will be done in the event he or she abandons his/her application and/or decides to opt out due to any reason during the proceedings after he/she signs-up.
  7. The Applicant should also understand and accept that no refund or adjustment of Landmark Immigration fee will be done in the event he or she abandons the original service/process he or she has signed-up for and decides to switch over to another service/process or opts for immigration to a different country.
  8. The Applicant will offer every needed information and papers, such as the English translations, in an agreed form as sought by IRCC and the involved Visa Office. It has been fully agreed upon by Landmark Immigration and the Applicant on the ground of the facts and papers presented by the applicant.
  9. The Applicant understands that in case the furnished details are found to be inaccurate or fake or deficient or incorrect, the concerned Immigration authorities will not entertain the same. Moreover, Landmark Immigration takes no responsibility, whatsoever, for any negative outcome of the application and the ensuing rejection on that basis.
  10. No refund shall be claimed either of the Documentation charge or the amount paid to the Government organizations under such a situation, by the Applicant.
  11. The Landmark Immigration treats all clients’ cases with utmost sincerity and endeavors to achieve a positive result but does not give refunds because a case was unsuccessful.

Under all circumstances, the refund liability of the Landmark Immigration will never exceed the amount actually paid to Landmark Immigration as consultancy fee. It shall be further subjected to various clauses that are part of the Contract of Engagement Refund liability and will never include any Government Fee or any other expenses incurred by the Applicant towards Application Processing, Assessment Of Academic/Professional Credentials, Training Or Language Test Expenses, Translation Of Documents, Passport Preparation, any other documents or any other expenses incurred in relation to visa application and process thereto

If a refund is applicable and is approved, the refund procedure would take 45 working days from the date of approval of the refund initiation.

Please Note: The refund amount under any circumstances applicable would be calculated on principal amount only, without any interest and would not include the government taxes as are applicable on the said date.

Validity of Contract for the Canadian PR Applications: – During the validity of the Contract which is for 3 years from the date of the signing of the Contract of Engagement between the parties (The Client / Applicant and Landmark Immigration).

An Client/Applicant can apply for 2 PNP options consecutively only, as per the eligibility criteria defined by IRCC/PNP, and the EOI under each PNP will be created a maximum of 2 times consecutively/sequentially.

If the Client/Applicant wants Landmark Immigration to create an additional E.O.I for the 3rd time, then a new Contract of Engagement will need to be entered into between the parties (The Client/Applicant and Landmark Immigration).

This Contract of Engagement shall be in force for a period of three years between the parties to this contract from the date of its signing. Designate shall conduct and deliver all services specifically mentioned in the Contract of Engagement for the period of three years. The Contract of Engagement shall cease to exist automatically after the expiry of that period of three years. The parties to this Contract of Engagement need not give a separate intimation or notice of termination for that purpose.

Important Note: – Refund will be paid only on the balance amount after deducting applicable GST i.e. 18%

Refund and Cancellation Policy for Australian PR Applications: 

Clause No.1. REFUND AMOUNT ACCORDING TO THE STAGES

1st Stage: If an applicant’s Skills Assessment is rejected due to any reason apart from Clause no 2 then Landmark Immigration will refund 25% (excluding taxes) of the amount paid to Landmark Immigration till date. If the applicant agrees, Landmark Immigration can then re-apply for your skills assessment again (this is not applicable on part payment).

2nd Stage: If an applicant does not get the invitation for 2 years and the application comes out of the pool Landmark Immigration can re-apply for the EOI at the applicant’s discretion/direction. However if the applicant does not agree to reapply for the EOI again then Landmark Immigration will refund 25% (excluding taxes) of the amount paid to Landmark Immigration till date (this is not applicable on part payment).

3rd Stage: If your permanent visa application is rejected, due to any reason apart from Clause no.2 then Landmark Immigration will refund 25% (excluding taxes) of the amount Paid to Landmark Immigration till date.

Clause No.2- Landmark Immigration is not liable to pay any amount if the reason for rejection is any of these like:

    • Failure to clear the Medical Test by an applicant or anyone else on the application.
    • Submission of Fraudulent Documents in support of the application.
    • Failure of Verification at any stage of the application process.
    • Failure to show adequate Proof of Funds to the requisite authorities and;
    • Failure to obtain a valid and authentic Police Clearance Certificate.

Due refund amount will be credited to the client’s bank account after deducting taxes within 45 working days. Applicant is expected to accept the terms and condition of the agreement and send the duly signed copy within 72 hours from the date of agreement sent, else It would be considered as acceptance of terms and conditions mentioned in the agreement by the applicant.

Important Note: – Government Fees is Non Refundable. In each case Government fees and other third party fees (Medical, PCC, IELTS/PTE Notarization, Courier Fees etc.) is NOT included in the Consultation Fee paid to the Landmark Immigration. The third party fee and Government Fee is to be borne by the applicant.

In case the result is negative due to the verification process of the employment and educational documents, the company is not liable to pay any refund as the payment charge by company is purely for consultation and not the outcome.

The Documentation 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. LANDMARK IMMIGRATION is not liable for any refund in such scenario.

If a refund is applicable due to any circumstances, the procedure would take 45 working days from the date of the approval of the refund.

Refund Clause will not be applicable if the case is transferred from one program to another due to any circumstances whatsoever

Validity of Contract for the Australian PR Applications: -This Contract of Engagement shall be in force for a period of three years between the parties to this contract from the date of its signing. Documentation Specialist shall conduct and deliver all services specifically mentioned in the Contract of Engagement for the period of three years. The Contract of Engagement shall cease to exist automatically after the expiry of that period of three years. The parties to this Contract of Engagement need not give a separate intimation or notice of termination for that purpose.

Important Note: – Refund will be paid only on the balance amount after deducting applicable GST i.e. 18%

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