The story of this win caps off a long battle for this client seeking permanent residency in Australia.
The story began in 2012 when a Cambodian businessman was invited by his relatives to Australia to consider investment opportunities here. The businessman had a successful business history in his home country running retail businesses and was looking to expand to regional supermarkets businesses in Australia. He retained Kah Lawyers to assist him in preparing and lodging an application for a subclass 188 visa (Business Innovation stream). The application was lodged in July 2014 and his temporary business visa (subclass 188) was granted in December 2014.
The businessman and his family entered Australia while on the subclass 188 visas. After nearly 4 years of fruitless searching for business opportunities in regional NSW, he finally purchased a well-loved fast food/ takeaway restaurant almost at the expiration of his 4 year temporary business visa.
Kah Lawyers was again retained to seek the permanent residency visa (subclass 888) for the family. The client was required to show that his business purchase was in regional NSW and that he had owned the business for a full two year period prior to the date of application. He also needed to satisfy the standard financial requirements which included:
- Having an ownership interest in the business for the 2 years before the application;
- Having business assets which have a net value of at least AUD$200,000.00 in the 12 months before the application is made;
- Having business and personal assets which are valued at at least AUD$600,000.00 in the 12 months immediately before the application is made; and
- Showing that the business and personal assets were lawfully acquired.
Kah Lawyers于是继续协助他们准备澳洲商业创新投资签证（永久）（888类）的申请 。这位商人须证明其购买的生意在新南威尔士州的边远地区且实际运营该生意2年。他还需要满足财务要求，其中包括：
- 递交永居申请前的1年内个人净资产加商业净资产达到 60 万澳币；
How did Kah Lawyers assist the businessman in the nomination application?
Kah Lawyers 怎样帮助该商人获得了州提名申请？
As the businessman had only just purchased the business and his visa was about to expire, Kah Lawyers had to either seek an extension to the temporary visa which would jeopardise his adult children’s permanent residency pathway or seek to argue for the grant immediately notwithstanding the fact that the business had been owned less than two years. Kah Lawyers submitted that there were exceptional circumstances to warrant the NSW State Government approving the Nomination now and allow the grant of the permanent visa without the need for an extension. We argued that the businessman had a genuine intention to build on his investment in regional NSW and had moved from Sydney to regional NSW thus demonstrating his commitment to regional NSW. The NSW State Government accepted our submissions and approved his application to be nominated for a subclass 888 visa and subsequently the Department granted the permanent residency 888 visa including permanent residency for his adult children.
可是这位商人是在他的188临时签证临期前刚刚购买了快餐厅，他对该生意的所有权没有满两年，不符合临时投资签证转永居投资签证的要求。Kah Lawyers 只能选择要么帮他延长临时投资签证的期限，但这会影响到他成年子女永久居留权的申请； 要么向移民局申请立即批准商业创新投资签证（永久）（888类）。Kah Lawyers 选择为这个客人争取后者，力保他成年子女的永久居留权。在向移民局提交的法律意见书中，Kah Lawyers提到：在特殊情况下新南威尔士州政府可以立即批准提名申请，并允许在不需要延期临时投资签证的情况下发放永居投资签证。我们认为该商人的真实诉求是留在新南威尔士州的偏远地区投资，他从悉尼搬到了新南威尔士州的偏远地区正好表明了他留在偏远地区的决心和承诺。新南威尔士州政府接受了我们的法律意见，并批准了他的商业创新投资签证（永久）（888类）提名申请。不久，该商人和他的成年子女均成功获得了商业创新投资签证（永久）（888类）签证，也就是澳大利亚永久居留权。
The case illustrates that the NSW State Government and the Department of Immigration are willing to consider and accept and support genuine business investment in NSW even if a business owner has not owned the regional business for a two year period.
If you are interested in obtaining Australian permanent residency through investment, or if you are looking to buy a business and want advice on the eligibility of the business for an investment visa, please contact Kah Lawyers on (02) 9689 3173 for a telephone or Skype conference.
Disclaimer: This information is current at the time of publication and subject to change. The contents of this blog post is provided for general information only and Kah Lawyers does not accept any liability for any damages suffered by persons who relied on this information. This information does not constitute legal advice and is not intended as a substitute for legal advice.