Under what circumstances is the application for Australian 188A immigration most likely to be rejected?

Many applicants reported that they had been subjected to additional "difficulties" by the Immigration Bureau when submitting their permanent visas from 188A to 888A. However, we have noticed that many visa refusals are due to incorrect and incomplete understanding of the application requirements of visa holders of 65438+888A, which eventually led to two years of efforts in vain and even lost the opportunity to obtain permanent residency in Australia. 188 The most common mistakes made in Yongju mainly include the following three points:

1. Do not participate in daily operation and management.

Some applicants misunderstand 188A-888A as "investment immigration": it seems that as long as they invest in Australian business, they can keep their shares. In fact, the 188A visa belongs to the category of skilled immigrants. The purpose of the Australian government to set up such visas is to introduce skilled personnel who are proficient in business operations, not to introduce funds. The holders of 188A need to prove their business skills and that they have successfully run one or more enterprises in Australia. Therefore, whether the applicant personally participates in business management is the focus of immigration review. In the immigration laws and regulations, this is clearly stipulated:

Requiring the applicant to directly and continuously participate in the daily operation and management is the decision-maker who sets the general direction of enterprise operation and affects the performance.

If the holder of 188A wants to successfully apply for permanent residence in 888, it is necessary to pay attention to keeping the evidence of personal participation in business management from the beginning. Generally speaking, supporting evidence includes signature documents, letters of support, meeting minutes, etc. In particular, it is necessary to prove that you have participated in business management for at least two years, not just the last 12 months.

In addition, it should be noted that this requirement is sometimes related to the requirement of residence time in Australia. We know that the requirement for 888A to apply for permanent residence is that you must have lived in Australia for at least two months in the last two years 12 months. However, even if the applicant meets the minimum requirements for residence, if he does not live in Australia for a long time, the visa officer may doubt whether he is involved in the daily operation and management of the business. In this case, applicants should pay special attention to preparing evidence to prove how they managed their business during their departure from Australia.

Two, the business "active operation" less than two years.

When 888A applied for permanent residence, many requirements were only for the last year. For example, the requirements of personal assets, annual turnover, net assets and the number of local employees in Australia only depend on the last 12 months before the application. Therefore, some holders of 188A mistakenly thought that other requirements were only for the last 12 months, which led to the rejection of the application for permanent residence. In fact, the following three points require at least two years:

1. Maintain a shareholding ratio of more than 30% in the enterprise (small enterprises or listed companies have different requirements);

2. Participate in the daily operation and management of the business (as mentioned above);

3. Maintain "active management". This point is most easily overlooked.

So what is "active operation"? "Active management" usually means that the enterprise has started to provide products or services to the public. Only one company has been established, but the business is not running, so it is not "active operation". Some new business applicants didn't know this requirement, so they didn't work hard in the first year, even didn't start a business at all, and didn't keep any evidence to open up the market, which led to the refusal of visas. China Australia International suggests that holders of 188A who have newly established business should start business operation as soon as possible. If you really can't have sales income immediately at the beginning of your business, you should try to keep evidence of market development and other activities, such as advertising to promote products, evidence of visiting customers, and some intentional contracts signed.

Third, the source of funds.

This is another problem that is easily overlooked by the holders of 188A. Some applicants think that 188A has explained the source of funds in detail when applying, so this problem does not exist in the second phase of application. Actually, it is not. It is clearly stipulated in the immigration laws and regulations that visa officers must check whether assets are legitimate income when examining the following two types of assets:

1. Personal assets of the applicant and his spouse in Australia.

2. The net assets of the applicant and his spouse in the enterprise.

For the holder of 188A, when applying for 188A, the assets in China have been stated to be approved. Therefore, the key point is to prove that the above assets were legally transferred from China to Australia. Some applicants used funds in Australia that were not disclosed in the application of 188A for business investment, and could not prove their legal transfer path. The use of funds transferred in the name of others or funds transferred by China Company may cause serious consequences that the legal source of funds cannot be proved.

188A It takes a long time to apply for permanent residence, and there are many preparation materials. Applicants are advised to seek the guidance of professional companies before establishing or purchasing business, and often consult professional immigration consultants within two years of business operation to ensure the smooth acquisition of permanent residence visas.