Frequently Asked Questions – Business Visa Subclass 188 & 888 and 132:
Frequently Asked Questions – Business Visa Subclass 188 & 888 and 132:
Q.1 The very first question – is it worth buying a business in Australia? Is it worth investing a huge amount of money in Australia? Do low risk applicants get business visa easily as compared to high risk applicants? I have heard preference is given to some countries – Tell me with frank and honest opinion – how best is the business visa migration program of Australia?
A.1 Too many questions in one mega question and yes, we will answer all your questions and we are happy that you have raised all these questions before applying for business visa as our answers will clarify you all your doubts.
Yes, it is worth buying a business in Australia now because prices of businesses have fallen sharply due to worldwide economic downturn and uncertainty. The falling of prices of housing and other commodities due to slowing of economy of large countries as well as downtrend in wages of labour have impacted enormously on business prices and these factors have made buying of businesses affordable. One of the largest states of Australia called Western Australia where mining boom is over and it has compelled many sellers to reduce their prices drastically. A few years ago small businesses were demanding a million dollars or more and now the same businesses are for sale at half the prices so it is worth buying a business now in Australia provided you meet with criteria of business visa application and you can transfer money from your country to Australia and you have sufficient business background to run a successful business in Australia.
Certainly, many countries have currency exchange rate very poor as compared to Australian Dollar so it does become a huge amount of money if you wish to buy a business which will be worth half a million dollars. You must have careful planning and if you can afford to engage experienced business consultant as well as registered migration agent, it will be a great step forward for you to ensure you sail smoothly. We have been providing both these services for over 17 years and please feel free to discuss with us your intension to apply for business visa for Australia.
Dept. of Immigration and Border Protection (DIBP) of Govt. of Australia judges each case on its merits. There is no special treatment or favour or preference for any country or any individual who wish to apply for business visa for Australia. DIBP accepts application from any person who applies for visa. Onus lies on you as visa applicant whether you meet with criteria to grant visa. Many applicants have engaged “cheap agents” or followed “advice from friends and relatives” and ended up in miserable situations by receiving visa refusal and these have created negative feelings in the minds of some applicants from certain countries.
You must first have initial consulting from experienced registered migration agent and it may cost you a few hundred dollars and make sure that you are eligible to apply and you will meet with criteria for visa grant. Australian Immigration laws are very complex and changing frequently and sometimes it becomes very difficult to interpret complex and confusing requirements of visa applications. It says “net” assets and “changes in equities” what does it mean? You definitely need an experienced Chartered Accountant who is practicing in Australia and can interpret your financial statements. The so called cheap agents simply dump your documents without scrutinising them and if DIBP found discrepancies you are likely to be refused visa and then you blame DIBP, however, in reality, you must blame yourself that you have engaged a cheap agent and did not take advice from competent agent.
For example, somebody from Libya wishes to migrate on business grounds, how that person will be able to prove that his/her wealth accumulated over period of time and how he/she will be able to transfer money to Australia because Libya since last several years in vulnerable situations. Unless the applicant proves with necessary documents DIBP will not accept the case simply on submission of application. Applicant may get refusal and start blaming DIBP which definitely cannot be accepted because applicant has failed to meet with criteria.
What do you know about Financial Documents – each country has their own requirements, however, you must submit according to Australian Standards and present in a way where decision maker can understand the financial statements and can judge the case amicably. If you meet with requirements of visa application you are most likely to receive visa.
Traditionally business migrants have been coming from China, Hong Kong, Taiwan, South Africa, however, current trend is that many business people from Vietnam, India, Singapore, Malaysia and other countries are very much interested in migrating to Australia on business background.
Our frank and honest opinion is that “Fortune Favours The Brave!” Australia certainly is place to be for business migrants and Australia is a multicultural society where people from 200 different nationalities are living side by side without any turbulence.
Business People from all over the world – WELCOME TO AUSTRALIA! We are here to assist you in all aspects of your business visa journey from start to finish where we wish to see you and your family members prosper in Australia!
Q.2 Why only Australia for Business Visa?
A.2 Australia is perhaps the most stable country in the world as on date – economically, politically and environmentally. Where would you do business? Where would you settle peacefully with your partner and children? Certainly in most secured place for running a business, living with family, and of course enjoying life to its fullest extent possible. Australia does offer such business environment where bureaucracy and red tape are at the least; and process of acquiring business, obtaining registration, opening bank account, schooling for children etc are within reach as almost all amenities are simplified. Running a business will always be a challenging task so business investors need peace of mind and Australia does have such environment for overseas business people who wish to migrate to Australia on business grounds.
Q.3 Can Australia guarantee success in business?
A.3 Guarantee is an obscure word in current fierce competitive environment. Success depends upon each individual. Yes, Australia does offer plenty of opportunities to dynamic business people as it is a vast country – a continent itself with only 24 million population and boundaries ranging East to West 5,000 km and North to South 4,500 km. Australia has enormous amount of natural gas, oil, mines, minerals, ores, pristine sea beaches, agriculture produce, ports, air ports, navy and any kind of infrastructure which is you to imagine to run a business. Australia is one of the most developed countries in the world with per capita income of USD $55,000 and each person can afford to spend a sizeable amount of money on clothing, food, luxury, travel, and other amenities required for better life. This is certainly a very positive indication of running any kind of business where a business person can have a vision and passion for success.
Q.4 Can overseas business people buy a business in Australia and live overseas?
A.4 Yes, certainly, an overseas business person can form a company and buy a business and run a business while living overseas. Overseas person can visit Australia time to time to supervise his/her business – several kinds of visas are available for overseas persons and please refer to Dept of Immigration and Border Protection website www.border.gov.au for further information. You are most welcome to contact us for all your queries. Initial consulting fee will apply.
Q.5 Do I have to buy a business in advance to apply for business visa?
A.5 No, you do not have to buy a business in advance, neither you have to invest any money anywhere nor you have to part any money to any existing business if you wish to apply for business visa.
First, you must determine your eligibility to apply for business visa depending upon
how many years you have been running your business in your home country;
what turnover you are achieving every year in last four years;
what assets you have in business and in person with you or combined with your family;
your education; your English level; and what amount of money you can transfer to Australia.
Please refer to link provided for in-depth details of business visa eligibility…………………………………………………..
If you wish to remain overseas and if you wish to invest in business in Australia, yes, you can buy a business, however, you must first visit Australia and have a feel that your venture will really take off as otherwise you may end up in a miserable situation where you will lose all your money. It will be best to consult experienced business or migration consultant who can provide all information in detail for your business venture in Australia. We would be very happy to assist you in all respect of your business venture as we have vast experience of over 17 years. Initial consulting fee will apply.
Q.6 How do I determine my eligibility to apply for Business Visa for Australia?
A.6 You can very well refer to details provided on DIBP website www.border.gov.au .
We also have provided details on our website………………………………………………………
You may not be able to determine your eligibility by yourself because Australian Immigration Laws are very complex and also you may not be able to understand terminology as your mother tongue may not be English. Please don’t be disappointed! We have solution! We provide initial consulting and we go through all your financial documents of last 4 years and your business background and can very well determine your eligibility to apply for business visa for Australia.
Our initial consulting fee varies between A$200 to A$1,000 depending upon complexity of case. Financial documents are Profit & Loss Statement, Assets & Liabilities Statement, Cash Flow statement and Changes in Equities Statement and so on and that too all these statements of last 4 fiscal years. You must provide statements translated into English language and exchange rate at beginning of statement and end of statement of that particular time of date and year. Exchange rates fluctuate considerably so you have to be precise. It will be worth spending a few hundred dollars instead of wasting thousands of dollars as Govt Fees are of very high amount for business visa applicants.
Business Visa for Australia is points tested, meaning by, you must score points for factors mentioned and you must pass point score to be eligible to apply for business visa.
Q.7 How do I apply for Business Visa for Australia?
A.7 Business Visa are of several types where one subclass 188 has many streams and they are of two stages first temporary and then you move on to apply for permanent visa; in case of subclass 132 Business Talent visa you can apply for permanent visa straight away if you meet with criteria.
Please remember that you must prepare for second stage business visa right from beginning because you have to meet with requirements after certain period of time and at that time if you do not meet with requirements you will fail in your permanent visa application subclass 888.
You can apply on line by yourself or you can engage registered migration agent to apply for you business visa. We will very happy to provide these services as we have over 17 years of experience. Our fees range between A$15K to A$25K for small scale business visa applications depending upon complexity of case for first stage of visa application and for second stage quote can be given at the time of second stage of application.
Q.8 Can I include my partner and children?
A.8 Yes, you can include your partner and children preferably below 18 years of age and dependent on you; children above 18 also can be included provided they are fully dependent on you; please remember laws have changed from November 2016 and you may be allowed to include fully dependent children only up to age of 23. If you have children above 18 it will be advisable to seek initial consulting and we will be very happy to provide you our frank opinion, however, you must be willing to bear our initial consulting fee. Wages/Salaries of workforce are very high in Australia as compared to other countries in the world and anybody who works in Australia is to be paid certain min hourly rates and particularly law researchers are not cheap at all and therefore we have to ask our clients to bear initial consulting fee.
Q.9 How much of money I have to invest in Business in Australia?
A.9 You do not have to invest any money prior to applying for business visa for Australia neither you have to invest any money while your application remains pending with DIBP. When you are granted business visa it will be of temporary stage and you will be advised by the Nominating State minimum amount of money to be invested in buying a business in Australia.
For example, if you were nominated by Western Australian State Govt., they would ask you to invest min A$400K or A$600K or whatever amount they decide and you will be given time limit to transfer money (usually two years from date of grant of visa); however, you must prepare well in advance how you would transfer money legally as soon as possible upon grant of visa so that you can commence your business in Australia soonest possible.
The most important thing to remember is that while buying a business in Australia, you must take into account your second stage permanent business visa requirements also so that you do not end up in miserable situation. While you hold temporary business visa, you buy a business with certain turnover and asset and during the period of time assets depreciated. When you apply your second stage of business visa, you must meet with assets and turnover requirements – you business must have certain amount of turnover and you must have certain amount of assets – if your turnover and assets have fallen considerable, you will not be able to meet with second stage requirements and you will lose your chance of receiving permanent visa. Here is where we have over 17 years of experience in difficult cases and will assist you in every aspect possible and we will ensure you that your dream come true to settle in Australia.
When we provide services to our clients we walk with you meaning by we keep constant contact with our clients and alert our clients that you have “miles to go” before you achieve your dream of settling in Australia.
Q.10 What kind of businesses I will be allowed to buy or I will be allowed to invest in business in Australia?
A.10 As such there is no restrictions in buying a business or investing in a business in Australia, however, certainly, you will not be allowed to buy an unethical business or invest in unethical business activity such as buying a brothel or invest in pornography film making business. Definitely, these are unwarranted and unethical businesses and you must refrain from such businesses and don’t even think of such a business. Apart from Govt of Australia, think about your partner and children and your relatives and friends – how they would react to your disgusting and totally unethical business activities if you enter into such businesses.
Also please remember that if you were to be a Chartered Accountant, Lawyer or Architect etc and you were spending more than 50% of your time in service industry, you would not have been eligible to apply for business visa, however, if you were also running a retail store and spending more time in retail store, yes, you would have been eligible and you can very well invest in Retail Industry in Australia and spend more time managing this retail store and side by side you can run your service industry work where you spend less than 50% of your time and you would be eligible to run both these businesses in Australia.
As we informed to you earlier, Australian Immigration Laws are very complex and it would be advisable to seek advice from registered migration agent in complex situations where you have more confusion than clarity so that you will not end up in miserable situation. A small amount of consulting fee will save you thousands of dollars.
Q.11 Where would I look for buying a business in Australia and How would I buy a business in Australia?
A.11 There are several sources such as Govt websites, Private websites, magazines, newspapers, Google internet search, and so on and you can look for buying a business in Australia. Some of the links have been provided below:
……………………..(All states website, seekbusiness, etc)
We can assist you to look for a lucrative business in Australia.
Q.12 What kinds of businesses will be the best suitable to buy in Australia?
A.12 Depending upon your business background and your likings of business you can choose business from hundreds and thousands of businesses for sale in Australia. You can choose from fast food outlets, franchisees, hotels or motels, restaurants, cafes, factories, manufacturing, motor mechanics, and so on, the list is endless.
You must remember your financial and physical capabilities to buy a business in Australia.
Some businesses start very early in the morning, and close late evening or night time involving huge amount of your time and you also have to remember you cannot neglect your family side by side running a business.
We come across varieties of business opportunities in Australia and can very well suggest you type of business suitable to you provided you were our client for your business visa application.
Also you must have very good negotiating skills because you may get attracted by business turnover and seller may be demanding over a million dollar but business might have been worth only of a half a million so if you were to be our client we can act as a middleman only to facilitate your process of buying a business in Australia. Some people are very shy and feel confronted while negotiating and cannot convey message to the seller whereas we have vast experience of over 17 years and we can very well negotiate on your behalf and can assist you to conclude a deal satisfying both the parties seller as well as buyer.
Q.13 Who can assist me to open a bank account, obtain an income tax file number, forming a company, purchasing raw materials, finding staff or even managing my business in Australia?
A.13 Yes, we can very well assist you for the above activities; however, final choice rests upon you. Australia is unique country where people can run their businesses and can provide services to various clients. For example, accountant which we use for our business can very well provide services to you if you wish to engage that person suggested by us or you can choose your own accountant from web search or their registering body.
Australian Govt provides many services by registering your details online whereby you will never come across any kind of corruption. For example, you can register your details by income tax file number and you will get your tax file number within a stipulated time limit. For bank account, you can visit bank of your choice and provide them your details and documents and your bank account will be opened within minutes.
Staff you can choose by word of mouth or by putting up advertisement in newspapers and websites. If you wish to engage somebody from overseas because you could not find suitable person locally, for example, a well qualified chef, yes, we can assist you to prepare appropriate visa application for overseas skilled staff either to come temporarily to work in Australia or to migrate to Australia.
In the beginning, many overseas business people find great difficulty in managing their day to day business as all things look new to them. Sometimes it could be a cultural shock or sometimes it will be confusion. Here again, don’t be frustrated or disappointed, we have solution for you. We do offer management services of your business on day to day basis until you will be ready to take over control. We provide such business management services a very reasonable cost to you at mutually agreed price.
Q.14 Can I sponsor overseas staff for longer period of time?
A.14 Yes, you can very well engage overseas skilled staff provided their occupation is listed on skilled occupation list and you prove genuine requirements for your business. For example, you have Lift installing business in Australia and you may not find a suitably experienced staff locally and yes, you sponsor overseas skilled staff for a short period of time or for a year or for four years under various kinds of visas available. We have vast experience of all kinds of visa applications and we will certainly assist you to apply for sponsorship, nomination and visa applications for any number of applicants from overseas provided you have genuine requirements of such skilled people and you as well as visa applicant meet with criteria required to grant visa.
DIBP will never tolerate any kind of fraud activates and people involved can be prosecuted and also can be banned to re-enter Australia for a few years or in some cases life time ban also can be imposed by DIBP.
Q.15 “What is one fails all fail criteria”? Do all applicants have to meet with Medicals and Police checks requirements?
A.15 Yes, all applicants have to meet with Medicals, X-ray and HIV Test requirements (except where newly born child or child below certain age may be exempted). Yes, all applicants above 16 years of age have to meet with Police checks requirements for all countries where they have spent 12 months or more in last 10 years.
“One fails all fail” means if one of your family members either do not meet with medicals or police checks, all included in the application will fail. A family member who does not wish to migrate with you, however, he/she has to meet with medical requirements and if that person fails medicals, all of you will fail application. Not only medicals and police checks, any other requirements or criteria if not met by any of the family members included in application, all applicants will fail application.
Q.16 What is subclass 132 Business Talent Visa?
A.16 Subclass 132 Business Talent Visa is a permanent business visa and requirements are as follows:
………………………………………………..link to that page
Q.17 What is Significant $5 million and Premium $15 million investment business visa?
A.17 Please refer to link provided…………………………………………
Q.18 What would be final words for perspective business visa applicants?
A.18 As a business person if you can afford initial consulting fee you must first determine your eligibility to apply for business visa. After that, if you can afford fees of experienced registered migration agent, you should engage such agent instead of engaging “cheap” agent. You must disclose in advance if you have problem in police checks or medical checks for any of your family members so that solution can be found if possible before applying for business visa as govt fees are of very high amount and you can lose all the money.
You must plan you journey well in advance and never think of taking chance to succeed in Australia. “All that glitter is not gold”, Australia does give impression of highly developed sophisticated country but in reality Australian Immigration Laws are very complex and changing frequently.
Always remember “Fortune Favours The Brave”, Businesses are for brave people so if you have planned properly and if you have engaged highly experienced and dedicated agent for your work, your chances of achieving success in your business visa application as well as in your business in Australia increase not only ten folds but also hundred and thousand folds.
We have over 17 years of solid experience of almost all sorts of immigration visa applications for Australia and we assure that “WE WILL MAKE YOUR DREAM COME TRUE” if you engage our services for your business visa application. We may request you to remember that we are certainly not “CHEAP” agent but we are definitely “DEDICATED” agent and provide our services at the most economical prices step by step.