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Could my 188A visa be impacted if I have been outside Australia for almost one year?

I obtained my 188A visa and had a small pet salon in Melbourne. Although I hired a management team to help me run the business, I have been away from Australia since last August and haven’t been involved much in the daily operation of the business. I tried to travel back but my flights were canceled twice due to the virus outbreak. I am worried about the status of my visa.

Answers
  • Venkateswaran Palat Krishnan
    Ven Waran
    June 13, 2020

    As a holder of a 188A visa, to meet the criteria for PR, you must have been in Australia for at least 1 year in the 2 years immediately before you apply for subclass 888.  If you need more time to apply for permanent residence, you can apply for a new Business Innovation and Investment(Provisional) visa (subclass 188) in the BusinessInnovation Extension stream which will provide you an additional time frame to qualify for subclass 888 visa.  With regard to your inability to travel to Australia due to global COVID-19circumstances must be notified to your sponsoring state in Australia and DHA. The state government that nominated you for the visa can provide guidance on the same.  Also, your nearest Australian Embassy is a point of contact where you need to inform your circumstances and they can assist with your travel and visa.  With regard to meeting the direct and continuous management role evidence despite being overseas for some time will vary on case to case and many supportive factors, and need to be discussed with an appropriate attorney.

  • Lisa De Leon
    Australian Visa Options
    June 16, 2020

    You may need to apply for an extension stream 188 visa if you don't meet the residency and management requirements for the 888 visa. You must have been in Australia as the holder of a 188 visa for at least one year in the two years immediately before you apply for the 888 visa. You also need to have operated your business for at least 2 years immediately before you apply. This means having an ownership interest of at least 51% if the business turnover is less than AUD 400,000, and ownership of at least 30% if the turnover is more than AUD 400,000. You also must have had a direct and continuous management role in that business, which can be difficult in the circumstances you have described. You should try to stay involved in the daily management of the business even though you are overseas. There are also other requirements for the permanent 888 visa such as assets, employees and minimum turnover. To apply for the 188 Business Innovation Extension stream visa you must have held the first 188 visa for at least 3 years.

  • Christina Lim
    Regis Gateways Pty Ltd
    June 13, 2020

    So when the travel bans are eventually lifted and you still have 24 months or more on your visa after returning here, you might still able to show proof of continuous operation of your business, direct management and other criteria required. Failing which you will have to request for an extension of your visa for another two years to reach your requirement for subclass 888.

  • Angela Julian-Armitage
    Julian-Armitage Migration Lawyers (JAM)
    June 12, 2020

    Yes, it is best to advise the department of the reasons for you not returning.

  • James Hall
    ANZ Migrate
    July 13, 2020

    You have multiple areas mentioned are of concern. The Victoria government has a requirement that you are not absent for more than six weeks a year when operating the business in Victoria. In addition, it is a visa requirement that you are the manager of the business on a day to day basis, making decisions that affect the operations and direction of the business. You should discuss your circumstances with a registered migration agent as soon as possible and develop a strategy to address the requirements for both the visa and state nomination.

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