Buying a business to get a visa?

[joanmc]

Could someone point me in the direction of finding information on this? I understand that people from overseas can buy a business here to gain citizenship/residency. What are the conditions around this? The person who wants to know is from PNG.
Also they were told that if they buy an investment property here in QLD they will have to pay 25% stamp duty!! Is that correct?
Where can I find info ?
I appreciate any help I can get here

 

[moyjos]

Try here to start Joan
http://www.immi.gov.au/Visas/Pages/188.aspx

Then try and find an immigration lawyer (there are quite a few up here ) and have a sit down.

 

[coastal]

The latest trend is paying off a business owner to sponsor say $50k to get PR

 

[Nemo30]

Is that legal Coastal?

 

[coastal]

Is that legal Coastal?

No,

It is happening all over the place in Aus.

The business owners are from all backgrounds ..anglo, asian and so on.

 

[Nemo30]

How do you know?

Do you have first hand experience?

 

[geoffw]

I know a young lady, without a lot of money, who was offered $50,000 to go through a form of marriage to help somebody get permanent residence. She refused.

 

[redwing]

No,

It is happening all over the place in Aus.

The business owners are from all backgrounds ..anglo, asian and so on.

Next step up from sham marriages?

 

[joanmc]

Thanks. They are a married couple and not looking to do anything illegal. They are business folk and wondering how to invest in real estate here but also how to have a business here and eventually move here permanently.

 

[coastal]

Next step up from sham marriages?

Yep the next step I guess. The old Sham marriage situation was unbelievable. It became quite rife a few years ago.



Nemo I hear about it here and there. It is not really known in the wider community. It should be.

 

[Meisterin]

I think there are two visa categories that they can apply PR in Australia. 457 and business investment visa.

You have to be sponsored on a 457 visa by an approved business and if you invest over a certain amount of $$$ you can also apply for PR.

Check out the immigration website or visit an immigration lawyer or read through Migration Act- it will have all classes of visas that may be applicable to your friend.

If all their children in OZ have PR they may even qualify for parents visa.

A good immigration lawyer will be able to draw up a good map leading up to PR for your friend. As I said, it would depend on the circumstances.

From a personal experience of my father who applied for PR in the late 80s, he set up a business (XXX Pty LTD) generating a certain amount of turnover on tourist visa for over 2 years, going out of the country every 3 months, and applied for PR thereafter and got granted. There weren't that many categories of visas in those days, but had the same rules applied 30 years ago as today he could have migrated under Independent Skills Visa and would have taken him less that 6 months to get it rather than 3 years.

 

[Graemsay]

Not quite Meisterin.

The options for coming over to Oz are:

• Working holiday visa, if under 30. This is for a maximum of two years, and doesn't have a pathway to permanent residence.
• 457 visa, which is sponsored by an employee. You have residence rights for as long as you're working for either that company, or can find another one to take you on. There's a pathway to permanent residence over time. I suspect that this is the subclass being rorted.
• Skilled migration, where you can remain in Oz permently. After two or three years you can upgrade this to citizenship.
• Marriage, de facto, prospective marriage, etc. all allow someone to come over permanently. Unfortunately the couple in question are already married, so this one's out.
• Investor or business class visas, which generally require the applicant invest $500K in Australia. Leads to PR.

The immigration system is pretty easy to navigate. If your friends can understand English then sites like PomsInOz.com can supply the answers to most questions.

It's changed since I looked at it, and I believe that the basic principle is that you submit an expression of interest. If the specific visa class's quota hasn't been filled then Immigration will eventually contact you, and a formal application can be placed.

The old scheme required a formal application to be made upfront. Unfortunately the system got clogged up with a vast number of low priority cases, who I believe are legally required to be offered PR at some point. However, their applications are either stuck at the bottom of the processing queue, or were "capped and ceased", and no longer progressing.

Depending on your friends' backgrounds, I'd suggest looking at one of the PR visas for skilled migration as well. These have few restrictions on them, and might be less hassle to get than a business or investor visa.

I applied for a visa about four or five years ago, and am actually finally heading to Oz in the next couple of weeks. I probably can't help too much as things have changed, but will try to answer any questions.

 

[joanmc]

Thanks for that. I am thinking the 188 might be the way to go. They don't really speak English (although they are working on that) but I think they meet all the other criteria. I also found an immigration law firm in Brisvegas that has Chinese speaking staff so hopefully they can help too.
Thanks for all the replies

 

[moyjos]

Thanks for that. I am thinking the 188 might be the way to go. They don't really speak English (although they are working on that) but I think they meet all the other criteria. I also found an immigration law firm in Brisvegas that has Chinese speaking staff so hopefully they can help too.
Thanks for all the replies

Good luck Joan..