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Residence

Ah, the end of the first step.

Obtaining residence is now dependent on your client showing evidence of compliance with all statutory obligations and performance against the minimum policy criteria. Here are some special considerations:

  • Applicants should also consider their State location, as some States want to see that the original proposed business was pursued or that they were notified of a the reason for changing the old proposal. The risk is that the State might not sponsor the residence application if your business falls below requirements.
     
  • There is another risk for any of your clients who may have changed their State since arrival, that the original sponsoring State might cancel their original sponsorship if the client is considered to have “defected” without providing adequate benefit to the original State.
     
  • We suggest that your clients openly discuss matters with the original State Government if they have changed State location. Honest dialogue might head off any issues about perceived misrepresentation in the original request for sponsorship. The sponsoring State has the ability to withdraw the sponsorship (this will kill off any entitlement to apply for PR).
     
  • When applying for PR the second State has the ability to contact the first sponsoring State and discuss the original business proposal. Simply vanishing from one State and appearing in another with a smaller business might cause frustration with both sponsors.
     
  • We believe that you should guide your clients towards applying for the State where they want to go, rather than allowing them to seek out any back door methods. This will only require a bit more planning effort and minor expense, it will be at much less cost and humiliation than if the sponsorship is withdrawn, perhaps forcing the the applicant to leave the country.

As mentioned before, there are differences between Sponsored and Unsponsored residence applications, with special consideration for sponsored applications. 457 visa holders have the option of applying for Established Business in Australia (EBA) and the Regional EBA (REBA).

Unsponsored applications have non-negotiable components for business equity, turnover, employment, net assets, plus regular expectation of legitimate business activity and holding a provisional business visa.

Sponsorship allows for lower turnover (not negotiable), but it then allows for lower general thresholds and includes a concession of meeting just two out of these three items: net assets, employment and business equity.

There is no requirement that sponsored or unsponsored visa holders secure the same type of arrangement - it is possible to go from sponsored provisional visa to unsponsored permanent visa, and vice versa.

Your clients will be pleased that there is no English language skills requirement to meet before they can obtain permanent residence with a business visa.

Sponsored residence applications may require approval from the State Government, most of these require an outline of the existing business and its activities, investments, employment and skills development, statutory compliance, short/medium term financial forecasts. Click here for information about Business Reports (commentary and summary business plan for existing businesses).

Preparation of these reports involve a visit to the business for information gathering, working off a detailed checklist. Costs are minimised where your clients are prepared for the meeting with us. We visit all parts of Australia, with travel and accommodation costs paid by the applicant.

Send email to info-AT-statesponsorship.com.au to request a Residence application business summary.

TIP: Ensure 8x BAS, 12 months payroll records and employment contracts are current, accurate and complete. Australian and State Government forms provide substantial supporting evidence for residence cases.

(C) State Sponsorship Services Pty Ltd 2007. This web site does not contain Australian immigration advice. Viewers who need this advice should consult a registered migration agent, refer to Migration Agents Registration Authority. Entry to and use of this web site means that the viewer acknowledges that State Sponsorship Services Pty Ltd does not provide immigration advice and cannot be held responsible for the outcome of any immigration application that is lodged as a result of the viewer accessing this web site.

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