Even the whales in Byron Bay are jumping about migrating
“Bold and Excellent”
Welcome to paradise!
Tyndall & Co. ®- Migration Agents
Australian immigration law, visas and appeals
Australia has become a much sought-after paradise destination for people seeking global migration and better lives. It is a stable constitutional monarchy, a liberal democracy and a first world country. It has a high standard of living, sound investment prospects, good growth, political and economic stability and excellent wages and conditions. It offers protection of individual rights by the well-established rule of law with roots in Great Britain, a keen sense of justice, a huge natural history and space with a relatively small population, a warmer climate and spiritual, religious and ethnic tolerance. There are strong traditions of the pursuit of sporting excellence, mateship, the ANZAC fighting spirit, support of Queen and country and of doing the right thing. Australia is the lucky country.
Tyndall & Co. provides migration advice, consulting and visa preparation and lodgment services, and is a registered Australian migration agent (MARN 1170349) in accordance with the Code. We have offices in Australia, Hong Kong and London.
The scope of the advice includes the best visa pathways to become a temporary or permanent resident of Australia in the various classes of visas including investor and talent visas.
Being a lawyer, as well as a migration agent, provides the client with added advantages over and above a normal migration agent who is not a lawyer. For example, client files and information can be protected by “legal professional privilege” in certain cases, which means that the lawyer/migration agent can’t be compelled to release confidential client information such as client contact details.
Classes of visas prepared
Some of the visas classes and subclasses are as follows:
Business visas, including business visitor visas and business skills visas, including work visas like the skilled independent visas, skilled sponsored visas and distinguished talent visas, graduate- skilled visas, business skilled visas, working holiday visas and visitor or tourist visas.
Investor visas, including subclasses Business Innovation and Investment Stream 188(A), Investor 188(B), Significant Investor Visa (“SIV”) 188(C), Premium Investor Visa (“PIV”) 188(D), Entrepreneur Visa 188(E), the Business Talent Visa- Significant Business History Visa 132(A), the Venture Capital Visa 132(B), investor retirement visas and business innovation visas
Family visas, including partner visas and prospective marriage visas, parent visas, child visas Student visas, including revocation of student visa reviews and appeals
Refugee and protection visas, front door asylum seekers New Zealand Special Category visas Returning resident visas
Citizenship by descent or conferral
Passports- applications of an Australian Passport or a renewal
Visa reviews and appeals
Applications for: Visa Overstay for unlawful non-citizens seeking clearance; Exclusion periods or re-entry bans; Removal and deportation letters; and visa cancellations including student visa cancellations.
Visa applications lodged
Tyndall & Co. also prepares and lodges visa applications for clients, from offshore or onshore; can represent you in any reviews or appeals; and in making formal representations to the Minister.
Passports and change of name
Tyndall & Co. also attends to passport matters, such as applications for new passports or renewals (from offshore or onshore) and change of name applications with Births, Deaths and Marriages in all states of Australia.
Business innovation and Investor visas are the new big pathway into Australia
These days more and more people have investments and business innovations they can bring to Australia if they migrate. This provides an established pathway to a new life with a future and prosperity for the family. At the same time, Australia benefits with these investments and the new innovations. The investment commitment for these visas is lower than you might think, down to $A300,000 and even $20,000 if there is a funding agreement in place and up to $A5m and $A15m.
Significant Investor Visa 188 C SIV
Toward the top end of investment is the Significant Investor Visa 188 which is a highly attractive visa. It may be affordable for you and your family members.
There is no age maximum of this visa, so you can be very senior. And there is no language hurdle- you don’t have to speak English well or at all. If you can’t demonstrate functional English, then a 2nd instalment of the VAC is required. There is no “points test” to pass. What is required is the minimum complying investment of $A5m. This can be held by you, or by you and your partner or a similarly owned company. And the complying investments that you select can yield a reasonable return on investment (“ROI”). You are not forced into buying only low ROI instruments or investing into a Fund which has no ROI.
Once the provisional 188 SIV visa is granted you can travel in an out of Australia for the life of the visa, as much as you want. You are free to enter and exit and you can own property here (not part of the SIV investment), subject to Foreign Investment Review Board (“FIRB”) approval.
You don’t have to become “tax resident” of Australia and be subject to world-wide taxation on your overseas income to keep this visa.
To progress to PR (permanent residence), and to apply for the permanent 888 SIV, you must have spent only 40 days minimum per year residing in Australia; or alternatively, your partner must have spent 180 days per year residing in Australia, whilst holding the 188 SIV. This residence requirement does not have to be met per year but can be met cumulatively over the time of the visa. This is not a lot of time to spend in Australia. Before applying for PR, the 888 SIV, you must have held the 188 SIV for at least 4 years. You must also have been holding the complying investment over the four (4) years. You can also roll over the 188 SIV for 2 x 2-year extensions, if you meet criteria, before graduating to PR.
The Premium Investor Visa or 188 PIV, requires a $A15m investment of a philanthropic contribution, or a combined investment and philanthropic contribution. To apply for 888 PIV, you must have continuously held the 188 PIV for a minimum of only 12 months, with no minimum time to have resided in Australia. So, this is a fast track to PR.
To be eligible to apply for citizenship by conferral, you must have lived in Australia on a valid visa for four (4) years immediately before applying. This would include the 188 SIV. Also, you must have been a PR for twelve (12) months immediately before making an application and not have been absent from Australia for more than one year in total, during the four (4) year period, including no more than 90 days in the twelve (12) month period before applying. Good character, basic knowledge of English, intention to reside, a continuing association, knowledge of privileges and responsibilities of Australian citizenship are other conditions.
As a visa pathway to Australia, the Significant Investor Stream is one of the best available and processing is given a high priority.
The Business Innovation Visa SC 188 A is available if you have $A1.3 in Net Personal Assets or only $A800,000 regionally, you have an interest in an existing business turnover of $A400K or more, you want to develop an existing business or establish a new one in Australia and you can make an investment commitment of $A500,000 in a business of $A300,000 regionally. It is points tested and you must be under 55 years of age at time of invitation.
The Investor Visa SC 188 B is the little brother of the SIV Significant Investor Visa and requires a smaller” designated” investment commitment of only $A1.5m into prime state or territory government securities, such as NSW Waratah Bonds. This is a fixed term 4-year investment. The Bonds are government guaranteed and carry a 1.76% coupon, with interest payable monthly. To obtain this visa your personal assets must be $A3m or $A2.25m net and you must have an intention to reside in the State for at least 2 years. It is points tested and you must be under 55 years of age at time of invitation.
The Entrepreneur Visa SC 188 E only requires an investment commitment of $200,000. You must have a funding agreement in place to undertake a complying entrepreneurial activity, that will lead to the commercialisation of a product or service. This is perfect for an innovation that you can bring to Australia that you can show had merit. And you only need to show 10% of the funds ($20,000) being transferred within the first 12 months; and hold a 30% stake. The funding must come from state or federal government body, a research organisation or a Venture Capital Limited Partnership. It is not points tested but you must be under 55 years of age at time of invitation.
The Business Talent Visa or the Significant Business History SC 132 A is a permanent visa for someone who has a qualifying business interest with a turn-over of $A3m + and net personal assets of $A1.5m, with an investment commitment of $A1.5m into a business or $A1m regionally. The beauty of this visa is that you receive PR straight off with the approval. It is points tested and you must be under 55 years of age at time of invitation.
Temporary Skills Shortage “TSS” work visa SC 482 & Permanent sponsored work visa SC 186 & 187
The TSS 482 (like the old 457) visa subclass as well as the permanent Regional Sponsored Migration Scheme (“RSMS”) and the Employer Nomination Scheme (“ENS”) 186/187 subclasses, have undergone a radical overhaul. The new 482 visa fills that space with changed criteria.
The List of Eligible Skilled occupations was dramatically shortened on 19 April 2017. The TSS visas are now the Medium and Long-term Strategic Skills List (“MLTSSL”) replaced the previous Skilled Occupation List (“SOL”). The Short-term Skilled Occupation List (“STSOL”) replaced the previous Consolidated Sponsored Occupation List (“CSOL”). Occupations were removed from the Lists and there are now caveats on 59 of the total occupations under the old SC 457.
However, there are still visas available.
The policy behind the changes is to grant visas for skills shortages and for higher skills, rather than take away existing Australian jobs and keep these visas temporary.
Clients are now looking more closely at potential Business Skills Visas and the Business Innovation and Investment Program (188/888) and the Business Talent pathways (SC 132 A, 132B) as outlined above.
All work by Tyndall & Co. is done is in accordance with the Code.
Foreign Buyer Beware- Article about some pitfalls of buying residential property in Australia without FIRB approval 22/11/17 by Jonathan de Vere Tyndall and Emma Moses
Fast Track to Easy Street and PR- Article about the SIV or Significant Investor Visa as a great solution where you control and switch the funds you invest and have residence fast 24/11/17 by Jonathan de Vere Tyndall and Breanna Hastings