Steve Elliott

Y Yes, I should have mentioned that in addition to DHA requirements, all applicants should look up the requirements for the State or Territory, they are seeking nomination from. The DHA requirements are a minimum. In order to satisfy the nominating State or Territory, you are seeking nomination from, you need to ensure you meet their requirements at both 188 and 888 stages.

Yes that is correct Lok. Those are the requirements at the moment. You should probably be mindful, if you are considering this visa, the DHA conducted a review of all business visas just before the Covid outbreak. There was some discussion around the amount required for investment potentially being increased and also the possibility the complying investment could potentially change . currently investments are restricted to State and Territory bonds. No announcement has been made yet and who knows wht will happen moving forward in the wake of Covid 19. While the minimum points test requires a minimum score of 65, demand for these visas exceeds supply. For the moment, most of the states are still closed re Business visas, but you should be prepared to move quickly when they re-open. Hope this helps and Good luck. All the best.

Good luck with your application.

it really depends on the visa and circumstances. If you can provide a little more info in terms of subclass and reason for refusal (assuming refusal) not cancellation, that would be a good start. If you would rather not post these details here, I totally understand.

Yes I do, but I only refer when I know the client well, so I can determine who the best person is to refer to. So it boils down to having expertise in both jurisdictions which is usually not a problem as typically the type of firm I refer to also have representation in the country of origin. Where I see many making mistakes is going to a vanilla tax agent (after the event) and also that agent not having the required expertise. I urge clients to seek this advice prior to their move. It's a bit like migration agents. There are registered 7,000 migration agents in Australia who at face value are permitted to assist with all visa types as long as they are competent re that visa. However, what you find is that while many are generalists, there are agents who specialise in certain visa classes or dealing with certain nationalities. Personally, I specialise in just business and investment visas, and other specific subclasses such as Global Talent and parent visas with applicants from certain countries. I notice 3together you are German. I have a colleague for example who specifically caters for the German market especially with Citizenship matters as I believe the requirements of the German Government make the process quite tricky. I have another colleague who is the go to person re Global Talent visas and another fellow who specialises in visa matters for persons with character (criminal) issues.

Just a quick note re my personal observations re a few comments above. Generally you will be given 28 days to make a complying investment and submit the appropriate supporting documentation. If you can't make that deadline it is generally possible to obtain an extension given a valid reason such as the liquidation of an asset and receipt of funds is taking longer than the time period allows. It is also critical the funds used for the investment are from assets you nominated in the SALP which you submitted with your application. With regards to being informed as to he progress of the application, the Department does not provide the agent with updates other than RFI's etc, so we just have to wait patiently like our clients. One thing I urge all applicants to do is to seek appropriate tax advice when migrating to Australia. It's important that you obtain international tax advice from someone who is well versed in international tax re Australia and also your current country of tax residence. This is particularly important when you own significant assets beyond what is required for your investment. Good luck everybody. I hope you receive some positive news shortly.

RFI's generally have 28 days to respond Sometimes a decision can be forthcoming very soon after the requested is submitted. I have one client who had an RFI back in March and has heard nothing since.

HI LK 007 From your question it is unclear if the prices you mention are inclusive of exclusive of the Visa Application Charge (VAC). If it's exclusive, the range you mention is about right. I would say $10k is a base line for a straight forward application. The cost increases form there depending on several factors but mainly the complexity of the case. One thing you should consider very carefully is that assisting you lodge a high quality visa application is just the start. You should be looking for an agent who can also help you with all the other aspects required of business migration. At this point in time with Covid 19 impacting everything, you need to have a strategy around maximising your chances of receiving a nomination from your preferred State. I specialise in Business Visas and could give you the names of a couple of other RMA's who are very experienced in this area whose charges are very reasonable. Let me know if you have any further questions. Steve Elliott MARN 1804671

Hi Asif. The quotas for 2020-21 should have no impact on visas already lodged. For what it's worth my gut feel is that when States and territories are allocated places for 20-21 and subsequently re-open their respective programs for EOI's, they will close very quickly as there will be a backlog ready to go. I have seen this happen before where programs reopen only to be closed within hours.

I would need further info but if the earn-out is derived from the asset already on the SALP, I would not see a problem with that as long as it is sufficiently documented. From th limited information the company is an existing asset, not a new one.

As a Registered Migration Agent, I advise my clients to submit a new SALP if they wish to use funds other than those originally nominated. This is not unusual and I would suspect in light of Covid-19, there would be quote a few applicants wishing to do this where they have the means. If you do not do this, and use a different source of funds, you run the risk of the visa not being granted as you need to show the paper trail using the funds nominated to make the designated investment. I hope this helps. MARN 1804671

I suspect that many staff have simply been reallocated to work seen as being of a higher priority at the moment. Business visa grants appear to have pretty much ground to a halt.

I think you will find this incorrect. The age limit is a “time of decision” criteria not “time of application”. Thus the most likely outcome is that you will be requested to withdraw her from the application. Steve Elliott MARN 1804671

Thanks Ali. I have done that and also updated my name so members can verify I am indeed a Registered Migration Agent.

Regarding the 888 nomination, this still requires nomination from State or Territory. They will be looking at evidence of you moving the extra 750k to Australia within 2 years of visa grant. The expectation is THA these funds will be used as settlement funds for housing, supporting yourself financially etc.

Hi Guys As a registered migration agent 1804671, it’s very important that business visa applicants potentially have four or five streams of this visa that could be considered. Most applications are for a stream involving buying or establishing a business and the other is investing $1.5m for four years. For both of these streams, there are MANY requirements to satisfy the eligibility criteria. It is also important to understand that business visas are a two step process, the first being a State Government nomination. Now, here’s the thing. While the Federal Government sets down the eligibility criteria for the visa, each state Government is able to set its own requirements which may be HIGHER than that stipulated on the home affairs website. For example some States specifically exclude certain businesses such as coffee shops, corner stores, entry level franchises and wine export businesses. Some require you employ a minimum number of people in the business and some even require the level of investment is significantly higher than the minimum specified on the DHA website. Business plans are also often required as is evidence that you have put some serious thought and planning in prior to making your application. I hope this helps

Thanks Andrew. i was just hoping there might by now be a non SMSF alternative so that I might be able to compare offerings. Thanks for your input.

Thanks for the quick reply Andrew. No, I am referring to the penalty fees which IVCM says they may charge should funds be transferred out within a three year window from when the initial investment is received from IVCM. It was explained to me that many people were initially transferring funds to the fund but were transferring out into a SMSF fairly quickly and then closing down their IVCM account. I'm just wondering if their are any other choices other than establishing an SMSF? Thanks Andrew.

Hi there. I read recently that there are potentially other retail funds other than the IVCM expatriate fund, in the pipeline for QROPS approval. For someone not particularly keen on an SMSF, I'm interested in other options. It looks as though IVCM have quite high penalty fees, which are calculated as a % of the fund balance which seems a little unfair given the paperwork associated with a $300k balance would not be any less than a $100k fund, but the fees would be 3x higher! I'd appreciate any thoughts!

Apologies but I should have included my MARN which is 1804671 and my name is Stephen Elliott. Kind regards

Did you manage to lodge your application Arthur? Queensland re-opened it’s business program but has since closed again. It is certainly the fastest growing state for business visas in terms of year of YOY growth. I also hope you used an Australian Registered Agent as their fees would be a fraction of the cost mentioned and have to abide by a very strict code of conduct. Well worth the expense. Good luck

It sounds as if maybe the Wearehappyfamily have maybe gone cold on the idea.What I would say as a Registered Migration Agent is that you would be well advised to look at individual State Government Requirements. While the investment requirement at a State Government is set, each individual State may have their own requirements for them to nominate you through an EOI. Also, these visas are on very high demand so it is possible your points test score may need to be higher than the minimum 65. Finally, check your preferred State is still open for EOIs. One state has already met its allocation and is closed to new applications.