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Change of business from 163 original plan


zoeburrell

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Hi everyone

 

Does anyone know who I need to contact to advise a change of business to the business plan that I submitted for my 163 business owners visa?

 

I know that if there is a big change you had to advise someone but I can't find who! Someone told me that NSW (I'm in Sydney) has had a crackdown and isn't allowing changes now?? Is this correct? My original application was based on a chauffeur company but with company travel down 40% I've been put off going in to that big time! After 11 months of searching all sorts of businesses (cafe's, retail outlets, juice bars etc) and my accountant not liking any of them, I've finally found a ladies gym for sale that ticks all the criteria boxes and I think I can expand on. If I'm not able to change from the original plan though there's no point me getting my hopes up!

 

I'd be happy to hear from anyone :o)

 

Zoe x

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We are in WA so don't know how different that makes it. Our original business plan for the 163 State sponsored Visa (Temporary) was set up for a luxury boarding kennels for dogs and cats as that is what we did very successfully in the UK. However, we realised that it was going to be difficult to reach the turnover in the early years - people just aren't prepared to pay as much to board their pets here as they did in the UK. So after a lot of searching we finally found the Beach Cafe which we used for our 890 permanent residency visa. We didn't need to inform anyone due to the nature of the business and it's location -we did ask advice from our immigration agent. Our visa was granted Oct 09. Hope that's a help?

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Guest Jamie Smith

Yes NSW have different rules to WA. QLd and to some degree Victoria have similar expectations

 

You should establish whether or not your sponsorship/visa was granted before or after the NSW rules came into effect, and even if you're safe that way, I'd still inform them of your proposed change as there are many ways they can help you with new ideas or introductions.

 

The changes were brought in in NSW because of the rorts, the numbers of (mostly non-UK) people who bought off the shelf cut and paste plans (before that was targeted for refusal), had no idea what they were signing up for when the unregistered overseas agent told them to, and then on arrival did whatever was the smallest / cheapest business they could find so the kids could get a Western education and Dad stayed overseas.

 

"We weren't told", they said. NSW response is "and now you have".

 

You'll find NSW Govt want to help you, not hinder you. You might need a new business plan to show you can still deliver the approved benefits of the first proposal.

 

Department of State and Regional Development

 

Business Migrants: Changing Business Plans

 

NSW has previously allowed provisional visa holders who applied for NSW sponsorship based on a particular business plan to change their business activity on arrival in NSW.

Provisional visa holders sponsored by NSW who were granted their visa after 1 October 2009 must now conduct business activity in accordance with the business plan sponsored by NSW.

Provisional visa holders in this group wishing to change the primary nature of their proposed business must seek agreement from Industry & Investment NSW. Applications must be submitted in writing with documentary support showing a substantial change in business circumstances in order to obtain NSW support for any future permanent residence application.

John Angeles

Manager, Business Migration

Industry & Investment NSW

Level 47 MLC Centre

19 Martin Place

Sydney NSW 2000

Australia

or

GPO Box 5477

Sydney NSW 2001

Australia

Tel 02 9338 6975 Fax 02 9338 6728

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  • 2 weeks later...
Yes NSW have different rules to WA. QLd and to some degree Victoria have similar expectations

 

You should establish whether or not your sponsorship/visa was granted before or after the NSW rules came into effect, and even if you're safe that way, I'd still inform them of your proposed change as there are many ways they can help you with new ideas or introductions.

 

The changes were brought in in NSW because of the rorts, the numbers of (mostly non-UK) people who bought off the shelf cut and paste plans (before that was targeted for refusal), had no idea what they were signing up for when the unregistered overseas agent told them to, and then on arrival did whatever was the smallest / cheapest business they could find so the kids could get a Western education and Dad stayed overseas.

 

"We weren't told", they said. NSW response is "and now you have".

 

You'll find NSW Govt want to help you, not hinder you. You might need a new business plan to show you can still deliver the approved benefits of the first proposal.

 

Department of State and Regional Development

 

Thank you John and Twiglet.

 

My visa was granted exactly 12 months ago, December 2008, so fingers crossed I'll be ok! I called the general number for DIAC and she told me 'it should be fine but you need to email Adelaide Business DIAC to confirm. I emailed and they replied the next day (very impressive!) saying that they were fine with it but, as NSW sponsored me, I should gain their approval too. I emailed them immediately but have yet to hear anything back (not so impressed!) I've made the offer on the gym anyway so we can get the ball rolling before Christmas so I hope they come back with an all clear!

 

Thanks again

 

Zoe x

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