The legal system and business culture of every country is different, let alone the potential language differences. We fully understand that new migrants may feel lost and vulnerable on first arrival to Australia.
For many years, Tang Law has helped many new business migrants with migration compliance issues, liaising with the relevant authorities (particularly Department of Immigration and State Agency), and protecting their business and investment interests.
Our team members and experience lawyers are truly multi-lingual and we are fluent (both written and spoken) in English, Mandarin and Cantonese.
Congratulations on obtaining your visa and welcome to Australia!
For new business migrants, on first entry, you are required to report to the State and meet with an officer of the State to discuss the progress of your business activity. You will also need to confirm your details for monitoring purposes.
Tang Law can assist you with setting up the meeting with the officer of the State and accompany you to the meeting. We can also assist you (if required) with applying for Medicare card and tax file number.
For subclass 132 visa applicants, you have to obtain nomination from the State Government. The State Nomination process are as follows:
- Submit Application:
- Complete the State nomination application form, submit your application with supporting documentation and pay the stipulated fees.
- Formal business proposal is not required at this stage, but you need to provide details of your proposed business activities.
- Interview with State Officer:
- If your application satisfies the criteria and conditional nomination is granted, you may be advised to attend an interview with an officer of the State.
- If your interview is successful, you will be granted full State Nomination.
- For Significant Business History Stream, Detailed Business Proposal:
- Within six (6) months from the date of State Nomination, you will need to provide a detailed business proposal containing details such as nature of the business, evidence of in-depth business research, evidence of realistic business concept, feasibility conducted, analysis of capital required, cash flow and forecasted profit and loss, consultants (such as accountants and lawyers) you may have engaged or intend to engage, risks analysis, and most importantly, how your proposed business activities will benefit the State economy, etc.
- Your business proposal should also be accompanied by supporting documents such as evidence of meetings, negotiation and communication with third parties, evidence of site visits, and prior entry into the State, etc.
- You need to demonstrate you have a genuine intention of investing and engaging in a business activity in the State.
Failure to provide a satisfactory response may result in the withdrawal of your State Nomination by the State.
Tang Law can turn your normal submission into a winning submission and avoid nomination refusals. These are the steps we undertake to ensure your success:
- We conduct comprehensive review and due diligence on your documentations to ensure full compliance with Nomination Criteria and the Commonwealth migration regulation.
- We will highlight to you(or your migration agent) if there is any potential issues with your documentation.
- Once your submission is completed, we will provide you with our written legal opinion in support of your submission. Our legal opinion will identify and articulate how you have met each of the criteria pursuant to the State Nomination criteria and the Commonwealth migration regulation.
It is common that you may ultimately decide to change your business plan. However, it is important to remember that the business plan you originally submitted to the State for Nomination is a legal document as it is your agreement with the State.
If you decide to change your business venture and the business plan, you must make submissions to the State for permission to make the proposed changes. This is extremely important as it affects your ability to comply with the migration conditions attached to your visa.
Tang Law has 100% success rate in obtaining approvals for changes to business plans from the State. With our experience, we can guide you and provide you with the professional support to make the necessary changes in order for you to carry out the business venture of your choice.
Before investing in Australia, prospective business migrants must review several factors and consider their options. Common issues overlooked by business migrants are:
- Is the business activity you wish to carry on an “eligible business” under the migration regulation?
- There are different types of ownership (legal and equitable) recognized by the Courts of Australia, is your ownership in the eligible business acceptable under the migration regulation?
- How do you demonstrate that you are involved in the management of the business?
- Tang Law provides you with guidance from the beginning, at the stage when you are searching for the right business to invest. We have helped many business migrants to successfully:
- Obtain support and endorsement from the State.
- Review and complete the 24 months survey ensuring compliance and accuracy.
- Review investment structure to ensure compliance with visa conditions.
- Review and negotiate commercial contracts, ensuring migrants will have access to necessary documents of the eligible business and co-operation of partners/joint-ventures.
- Liaise with officers of Department of Immigration and clarify concerns they have about the migrant.
If you are a business seeking to co-operate with a business migrant, you can utilize our services in making sure that your proposed business activity meets the relevant migration requirements. TANG LAW can “Pre-qualify” you and provide you with our Business Migration Compliance Report.
For Business Migrants
When you are granted a visa by the Department of Immigration, they are granted subject to several conditions which you MUST satisfy within a stipulated time frame. You must comply with your visa conditions on both the State level AND the Commonwealth level.
Failure to comply with these conditions can result in the State withdrawing its support for your application AND the Department of Immigration cancelling your existing visa or not granting you further visa to stay.
It is therefore crucial that when you are granted a visa, you must know exactly what conditions are attached to the visa, what your obligations are, and what is the time frame to complete your obligations.
For Business Talent Subclass 132 Visa, upon arrival, you are expected by the Government to quickly become actively involved in business. You are subject to monitoring by both the State and the Department of Immigration.
Approximately 24 months after your first entry, you will be subject to the monitoring. You are required to carefully accurately complete and submit a survey, together with all relevant and supporting materials first to the State for review and approval. You must demonstrate how you are meeting the conditions of your State Nomination Agreement. If approved, the State will support your application by endorsing same and advice the Department of Immigration of the State’s support.
Failure to respond may result in the State not supporting your application at the monitoring stage.
We have four (4) types of compliance reports to help support and improve you chance of success:
- Eligible Business Report
- Management Role Report
- Genuine Effort Report
- Good Character Report
Our compliant reports will identify the relevant applicable principles of law that applies to the relevant requirement, analyze your business activity and structure, evaluate how they have met the requirements, and form our professional legal opinion supported with leading Australian cases and the applicable legislation confirming your compliance.
At Tang Law, we provide legal advice on compliance reports. Benefits from our support include:
- Highlight your compliance with the migration requirements with supporting cases and legislation.
- We adopt the policy guidelines of the Department of Immigration, making it simple for the State and Immigration Officer to make the finding that you are compliant under their guidelines.
- Persuasive submissions to the State and the Department of Immigration to approve your case by leaving no room for doubt that you have fully complied with the migration requirements.
For Businesses Seeking Investment from A Migrant
If you are a business seeking to co-operate with a business migrant, you can utilize our services in making sure that your proposed business meets the relevant migration requirements.
Tang Law can “Pre-qualify” you and provide you with our Business Migration Compliance Reports, making it simple for your prospective partners (business migrant) to come to a decision.
An applicant must satisfy the Good Character Test. Failure to satisfy the good character test will result in the Department of Immigration refusing an application for visa, or even cancelling any existing visa.
There may be situation where an applicant may have prior criminal record, and may be afraid that it may hinder your chance of getting a visa.
Our Good Character Report will improve your chance of success by:
- Identifying the relevant principle of law governing the “good character” test;
- Identifying and evaluating your prior record, and how it does not impede upon you being of “good character”; and
- Providing our professional legal opinion supported with leading Australian cases and relevant legislation to your compliance with the “good character” requirement.