by admin888A Real Life cases
In this column, we analyse the requirements in detail through real-life cases that occurs when a 188A vias holder prepares to apply for permanent residency through 888A visa after obtaining a temporary visa.
The requirements for the 888A visa written in the Immigration Law may seem simple. But in fact, there are many cases that 188A visa holders have lost time and money when they applied for permanent residency due to the wrong understanding by the explanation of someone who did not fully understand the visa requirements.
Among the many types of Business Investment Visas we’ve explained through our column so far, 188A Business Innovation Stream has the most mistakes made by applicants so we’ll take a close look at the real-life cases related to the 888A visa across two columns.
Mr. A, who has been successfully operating a business in his country for the past 10 years, planned to apply for permanent residency through 188A visa for immigration to Australia.
Mr. A was safely issued the 188A visa, but there was a conflict about giving up his business in his country and moving to Australia to meet the requirements of 888A visa.
Considering various factors, he decided to maintain his business in his country and to seek expert advice on business operation in Australia.
The above inquiry regarding business operation in Australia is one of the most frequently asked questions by 888A visa applicants.
The primary applicant for 888A visa must be at least 18 years old and have 188A visa. Therefore, not only Mr. A, the primary applicant for 188A visa, but also A’s partner can be the primary applicant for 888A visa.
This is often referred to as ‘Primary Applicant Swapping’.
Eventually, Mr. A’s partner, Mrs. A decided to proceed with business operation in Australia. However, Mrs. A did not want to operate the business which is submitted to the state government by Mr. A who planned to run the business. She wanted to change it to the business that Mrs. A herself could operate in Australia.
In this case, prior permission from the state which sponsored when applying for the 188A visa is required before starting a new business.
Since state sponsorship is essential for the 888 visas application as well as 188 visas, it is important to maintain a smooth relationship with the state.
Therefore, rather than start a new business recklessly, it is necessary to make sure that there is no problem with the Immigration Law as well as financial advice.
After consulting with us, Mrs. A, who received permission from the state to change her business, started to do market research.
Mrs. A had a conflict between a cafe located in the city and a dessert shop located outside the city. Thinking that running a cafe in the city would make a bigger profit, Mrs. A decided to take over the cafe run by Mr. B and even received a contract.
According to the broker who introduced the business, Mr. B also ran a café for the purpose of obtaining permanent residency and found out that he received permanent residency safely last month.
Mrs. A thought she would acquire permanent residency safely through the same business, so she was thinking about proceeding with the contract right away, but she decided to get advice from experts again just in case.
Mrs. A had an unexpected word from the expert. If the last business owner acquired permanent residency through the business, it is impossible for the current business owner who took over the business from the last owner to apply for permanent residency through the same business.
In other words, there is a limit when choosing business because of the condition that ‘Business Recycling’ cannot be done when applying for the 888A visa.
Due to this insufficient understanding and experience of the law, there are many cases of time and money loss, but furthermore, applications for permanent residency may become impossible.
Mrs. A decided to run a dessert shop located outside the city after much review.
After the business was established to some extent, Mrs. A frequently went to her own country on the excuse of ‘Home Sick’.
Although the Immigration Law stipulates that the applicant must reside in Australia for at least one year out of the two years of business operation, evidence of actively and directly operating the business is also an important criterion for visa screening.
One of the most common reasons for 888A visa rejection is lack of proof of how the applicant actively and directly operated business when the applicant was not in Australia during the time out of the ‘Reasonable’ period.
If the applicant cannot prove this, there could be a negative impact on visa screening, so according to our advice, Mrs. A has avoided frequent and unprovoked leave.
In the next column, we will continue to look at the visa requirements in more detail based on the real-life cases regarding the 888A visa.
by adminWhy do you need Migration Agents or Lawyers?
1. Professional fees vary widely, why are they different?
Migration agents and lawyers generally charge for professional fee. Why do they charge and why is the cost different? Migration agents and lawyers spend a lot of money and time to develop their expertise. As they have built up their skills and knowledge by learning and working in their fields for many years, they charge for professional fee, and depending on their experience, expertise, and quality of service, the professional fee may vary.
2. How do you know who is great? Who should I go to?
Which migration agent or lawyer can handle my case better? The Immigration Law is too vast for one person to know all the cases perfectly. Therefore, you should visit a specialist who has a long career in the same field as your case, who can best understand your situation. Of course, all migration agents and lawyers are entitled to understand and advise on the laws and regulations on visa applications. However, there are many cases where simple understanding and knowledge are not enough to give advice. If you are in a situation where you have to undergo a serious surgery… Wouldn’t you be looking for a more experienced doctor?
3. Why are the advices different? Who should I listen to?
If you try to prepare for a visa application according to the words of the place that reassured you that there will be no problem at all, but if you visit another place in case, your dream may fall apart after hearing a different story from your expectation. Do I have to listen to what I want to believe? Why do I hear conflicting opinions?
In some cases, migration agents and lawyers may say that your case is ‘low chance of success’ or ‘high risk’. It may sound disappointing, but in fact, this can be a good sign. Migration agents and lawyers should provide accurate advice to clients under relevant laws and should accurately analyse cases and provide clear opinions on their success potentials and methods. They never force a case with a low probability of success. Anyone can make a sound that is good to hear. Choose a migration agent or a lawyer who can give you a realistic analysis and accurate advice!
4. There are migration agents and lawyers who are not registered!?
There are self-proclaimed migration experts, visa specialists, and visa agencies everywhere, not only in Australia. Most of them don’t follow the laws that require protecting their clients. They are more likely to arbitrarily interpret current laws and regulations for handling visa affairs to make their unfair profits, and they may have no right insurance to protect their clients in the event of a mistake. The Australian government may punish unregistered migration experts for their improper advices but does not correct the client’s case. The biggest benefit of choosing an unregistered expert is that it’s cheaper at best or that you can hear what you want to hear. You have no choice but to take responsibility for the consequences of your choice.
5. Migration agents and lawyers fill out visa applications only, don’t they?
Writing visa application documents is also an important task in the process of visa application. However, this is only 10% of the total visa application work of migration agents and lawyers. Since the direction of visa application varies depending on how the seemingly identical cases are interpreted, it is necessary to ensure what is included in the application to meet the visa approval requirements, and due to the changing the Immigration Law, migration agents and lawyers spend more time and effort to find the right way for each case based on accurate analysis and judgment. This is the primary task of migration agents and lawyers. The visa application process can be difficult without their primary task.
Migration agents and lawyers analyse client cases based on their experience in dealing with similar cases and knowledge of law that they have continued to study. Migration agents and lawyers not only recognize and correct simple cases to prevent them from turning into complex cases due to inference, assumption, prejudice, and error, but also provide preventive measures to help clients solve their current problems, and ultimately help them achieve the results they want.
Have you solved your curiosity about why migration agents or lawyers are needed? If you have a migration agent or a lawyer, you can relieve your burden of applying for a visa.
