Currently I hold a Business Innovation provisional 188 visa and want to apply for a 888 permanent visa. Although I have been keeping compliant with all the visa requirements since I got the 188 visa, I am still wondering under what circumstances my 888 visa application could be denied. What are some common reasons for an 888 visa application to be denied?
The requirements for the 888 will depend on which stream you were granted your 188. The different streams all have different residency requirements and criteria for investments and running a business in Australia. If you don't meet the requirements of the stream your 888 visa application could be refused. You could also be refused because of health or character issues, or for providing false or misleading information.
A visa can be refused for any number of reasons, but most of these relate to requirements that are not met in some way. The immigration department (currently the Department of Home Affairs) cannot arbitrarily refuse an application on a discretionary basis. You should approach the 888 application in the same way as the 188 application, checking that each of the criteria will be met and evidenced. You should also ensure that you've confirmed you meet the criteria specified by the state or territory that you intend to seek nomination from. I don't think there would be "common" reasons for refusal, as refusals are very rare (I have never had this visa refused). The circumstances outside of our control are medical criteria and good character (e.g., police criminal checks). Check you meet the all criteria and check time periods (calendar years v fiscal years) and due dates carefully.
The reasons are far too numerous to delineated, but generally it is either non-compliance with terms and conditions of your current visa or having issued the government with false or bogus documentation.
There could be a number of reasons/circumstances for an 888 visa to be refused including, but not limited to: failure to fulfil main business requirements (i.e., having not started a business, the business failing or business turnover not reaching $300,000 in the past 12 months prior to application, or cannot prove minimum of $200,000 in business assets for your main business, insufficient business share ownership); a failure to prove direct involvement and management in new main business; false or bogus documents; did not fulfil residential requirements of your specific business visa stream; did not fulfil state obligation to investment terms/start in proposed main business in sponsoring state and the state then refuses nomination for SC888 visa.
All visa applications have their own unique but established legal requirements. Once all legal requirements are met, then there can be no denial of your visa. Many applicants experience a global fear of uncertainty, which is why agents and lawyers would assist them. Some common reasons of refusal on the 88 are usually the inability to meet turnover and asset targets. However, sometimes this could also be due to documents not being prepared on time or not understanding that the targets have not been met. Though you have not specified your precise reasons of complaint, you would benefit from an experienced agent or lawyer examining your file, especially given the amount at stake.
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