Would the commercial property bought for business use by the main applicant of the 188A visa pass on to their dependents if the main applicant dies? how do the inheritance laws apply generally on foreigners during their stay on 188A and other similar visas?
Answers
Real estate, such as commercial property, can be inherited by foreigners under the laws that are applicable in the state/territory where the property is situated. Depending on the inheriting foreigner’s tax residency status, appropriate tax laws will be applicable when the property is inherited, which needs consultation with appropriate tax consultants. To apply for permanent visa subclass 888, the secondary visa holder of a subclass 188 can apply if their spouse or de facto partner was the primary holder of a Business Innovation and Investment (Provisional) visa (subclass 188) in the same stream.
An applicant on a 188A visa is a provisional permanent resident with rights to run their business and apply for permanent residence after meeting certain requirements.
