Steve Elliott

George has recently joined Playfair. Great bloke and highly regarded. To be honest, most registered migration agents with several years experience will be well versed in health issues as it's an are which impacts more visa applications than you may think. It's an added bonus if your Migration Agent also has a background in health. When it comes to EOI's, nominating a specific state or territory is definitely the best approach. Ticking "any" is typically interpreted by the potential nominators that you are indifferent. They would much rather nominate someone who is motivated to live and work in their "territory". Good luck

From what has been written, I can only conclude that investments were made prior to grant. This is potentially problematic on several fronts eg funds potentially not being compliant. I can think of a few other scenarios too. Notwithstanding, I do not believe DHA would issue a directive to return the money. Withdrawing funds might be a consequence of a refusal but DHA will not instruct an applicant to withdraw funds. It’s a simple fact that approx 30% of 188c applications lodged do not lead to grant. Most which fail do so due to either “source of funds and or character issues”

Danes !

True, but you can still be freezing your nuts off when the sun is out!

THE A-UKFTA was passed in Australian parliament on 22 November 2022. So now it is just waiting for UK parliament ratification. Last year, the age limit of Dames and Italians was raised to 35 so I can't see the age limit increase for UK citizens not happen. My opinion is that this is imminent so will provide you with some options.

We have lived in Brisbane for many years and have a great block of land just 2km from Hobart CBD. It's a possibility we may build and retire there. While Hobart has come on in leaps and bounds in recent years due to some forward thinking by the likes of MONA owner, David Walsh and other movers and shakers in hospitality and tourism space, the city still lakes critical mass and small population size means the apple isle struggles to offer retail choice, sports and entertainment options. It pretty much has everything else plus more in terms of outdoor activities etc. I know of several people who now base themselves in Tassie and take frequent trips to the mainland for their retail and entertainment fixes. Yes the weather is unpredictable, but you tend to adapt. If it gets too bad, and you need some sun, Queensland is just 2.5 hours away

Hi there And thanks, @paulhand I have replied to your question in the other thread you posted. I hope what I wrote that makes sense. Feel free to let me know if you have any further questions. All the best

The Business and Investment Visa program is effectively closed and will most likely not reopen until July at the earliest. The BIIP program is also under review so no one really knows what it will look like if and when it reopens. Prior to closing, the investor stream required an investment of $2.5m (previously was $1.5m). Business owners potentially don’t have to invest that much but had to satisfy other criteria as well as undertake to operate a business in Australia. All these visa streams require applicants to be under 55, however some states would potentially accept applications from older applicants in circumstances where the applicant was deemed exceptional. These cases were rare but possible. It really boils down looking at the merits of the applicant. Otherwise the only other avenue for business people was the significant investor visa which required an investment of $5m.

Hi Scaredycat I certainly did no intend to patronise, I simply wanted to clear up a a common misconception re processing times. Taking note of published data from immi is like going for a drive using your rear view mirrors as it is historic data as opposed to current. While 888 processing times are still unacceptably slow, my interpretation is that IMMI takes the view that the applicant is already in Australia or has the rights to be in Australia, working, studying, investing etc and is probably already paying taxes etc so it's low priority compared to say a skilled offshore visa applicant. It is common practice for IMMI processing staff to be moved around and allocated to processing specific visa classes which the minister deems a priority at that point in time. Also, the BIIP is currently undergoing another comprehensive review (submissions closed just before Christmas) which may potentially result is a total overhaul of the program which is now effectively closed to new applicants. An initial allocation of places was very quickly exhausted with indications no further places will be allocated until the review has been completed. So my take is that while the business visa program is under review, it's not a priority for them (even visas already lodged). You are absolutely correct when it comes to the outlook for property prices. There are however strategies you could potentially consider to mitigate the potential risk of rising prices.

Hi again Scaredycat. Your migration agent or other professional advisers should be able to advise you on this as you appear confused. I was under the impression you are on a 188c and not a bridging visa? if on a bridging visa, which visa have you lodged an application for? The tables published by DHA are often mis-interpreted and I urge clients to disregard this info as it is misleading. Essentially, the data refers to the age of the application when the visa was decided. During covid, the 188c was receiving priority processing, however this is no longer the case. Under the current regulations, 188c holders cannot apply for the 888 until they have held the 188c for a minimum of three years. I hope this helps.

You would have received this information when you were invited to apply for the 188b

Yes , DHA reently advised it had processed over 3m visa applications in the backlog with circa 750,000 remaining. The new government is looking to clear the backlog of many subclasses (but not all) in coming months.

I have it on good authority that no further places on the BIIP program will be allocated this financial year. This effectively means that unless you have already received an invitation and lodged your visa application, you will now likely have to wait until July 2023 at the earliest for the program to reopen. By way of background, the largest review of the migration program is set to kick off and the BIIP program is part of that. Places allocated this financial year were exhausted very quickly and the number of places available in future years will likely reflect the outcomes of the imminent review. This will be very disappointing for many, however we live in hope that the Government will listen to stakeholders and the many success stories of business and investor migrants who have successfully made the transition bringing new skill sets, stimulating the economy, creating jobs and paying taxes along the way. Hoping common sense will prevail!

There is no priority given to applicants from regional areas. I would not put any weight on past patterns of grants as we are are in a post Covid recovery phase with a new government in place. The priority is very much other visa categories. It would not be unreasonable to assume the government takes the view that given you are already in the country, there are many other skilled applicants awaiting grants which are a higher priority in terms of addressing Australia's broader needs, which rank as a higher priority. That might not be what holders of provisional business visa holders want to hear, but that's my take on it.

That's good to hear. You should do this ASAP as the minister has flagged an intention to either discontinue or significantly overhaul the 188c. An imminent review has been flagged. If you would to have an obligation free discussion with you re your options, talk you through you some tips and tricks and brief you on important questions to ask and things to look out for. I am a Registered Migration Agent and a licensed financial adviser, accredited to provide advice to investor migrants. As this is my niche, I often work collaboratively with other migration agents who lack the specialist knowledge and/or experience in this specialist area. I also make it my business to keep up to speed with policy regarding state and territory requirements. So please, if you would like to have a chat, reach out and we can organise a time.

HI Scaredycat. We are starting to get into the area of very specific advice which I can only provide to clients so I will have to keep my comments very general. It is my job to keep up to speed with both the Federal regulations which covers eligibility, conditions etc, but also each state and territory's requirements when it comes to nomination. It is not clear from your post whether you have actually lodged your visa application or are at an earlier stage eg EOI, nomination however, lets assumed you have already lodged and you receive the typical 70 days to make your investment, you are, given current processing times, unlikely to obtain PR within the 4 year timeframe you have mentioned. Secondly, in terms of nomination policy for your 888, your Registered Migration agent should be able to answer this one. It's not an uncommon scenario. The 188c is a visa stream, where it is highly advisable to obtain advice from a registered migration agent who is an expert in this space. A successful application is one thing, but ensuring ongoing compliance is arguably even more critical to your ultimate success. I am aware of several instances where the applicant had assumed everything was fine until they applied for PR only to discover a non compliance event had occurred three years prior, meaning they were ineligible to apply for the 888. If you have submitted your application without professional advice, that's fine but you must diligently monitor your investments and ensure compliance for the duration (up to 5 years) of the 188c. No one will flag matters requiring your attention. It will be up to you to monitor and ensure your investments remain compliant. I hope you find this helpful.

Hi Scaredycat You say you are in the process of applying for your 188c, but you questions suggest you you might actually have the 188c an are applying for the 888. Can you clarify? The 188c is one of the few visa streams which has been identified for priority processing so processing times are typically shorter than for the 888. Speed of processing depends on several factors but from my experience with the 188c's I have assisted with, country or origin and due dilligence re "source of funds" and character tend to be the major factors influencing processing times. Under the current framework, the 188c is a a five year visa where you can apply for the 888 after you have held the 188 for a minimum of three years. I personally advise all 188 clients not to redeeem their investment on the three year anniversary. It is also important you are aware that some of your investments may not be available to liquidate at short notice due to a lack of liquidity. Whether you are onshore of offshore for the 888 should not be a material factor. Processing times for the 888 are slow, however, I guess the department takes the view that you are free to live and work in Australia and are on a pathway to PR, so it's not a high priority for them. Hope this helps.

Your birth certificate would be a good starting point

Sorry to hear about your loss. The good news is that as long as your mum meets the eligibility requirements, then she would effectively become the primary applicant. Once she has submitted police and health check documents, she will likely receive a request for further information (RFI) from DHA. So in essence, the application continues as your mum has now become the primary applicant.

Jes - You mention the investor visa. That's the specific area in which I specialise. If eligible, an investor visa potentially has several advantages over the parent or family visas. It really depends on your individual circumstances. While the ag cap for some of these streams is generally 54, exceptions are possible and there is one stream which has no upper age limit, yet requires a significant investment to be eligible.

Marisa, you have nailed it, especially in your first paragraph. I especially concur with the Benidorm comment. While it may not be a consideration for many, Perth is a HUGE distance from other capital cities, which for me is an issue. From Brisbane, i can hop on a plane and be anywhere on the Eastern coast within 2 hours or so. So when it comes to a weekend break, nothing is too far (think continental Europe from the UK), Perth is that little bit further. I sincerely believe the multiculturalism of other cities is a big magnet for me. I'm in Brisbane and with the lead up to the 2032 Olympics, Queensland will be an exciting place. I guess also, observing interstate movement of the Australian population is a good indicator as to where people, with itchy feet, want to live...

That is correct. It's a timing issue which has caught a few out including some fund managers who obviously aren't across the requirements.

HI Shirley We are now getting into an area of assistance which is beyond what is appropriate in a public forum and one which the MARA code of conduct prohibits agents providing advice without being a client. As I said above the VISA needs to have been held for a minimum period of 4 years to be eligible to apply for the 888. Hope this makes sense.

Shirley. I have replied to this in another thread.

Hi Shirley Without knowing which stream you were in and the specific dates, one of the requirements at the time of application for your 888, was that you had held the 188 for a minimum of four years. If this requirement had not been met, your application would have been invalid. Hope this helps.