kismet

Hi,
Could anyone please tell me if we are on 457IE visa and are buying 2 cafes at $50,000 if they both count towards the 'investment in business of $100,000' criteria that we need to satisfy PR.
I know it says 'investment in MAIN business of $100,000' but if they are in same company name - but treated as different branches will they still qualify, or do we need to buy a cafe that costs $100,00+ to get our PR?

We dont want to make a mistake now and get 2years down the line and them tell us the cafe doesnt count!!!!!

Any input would be much appreciated on this as we have seen a good cafe for sale and want to go for it.

Good luck to all those waiting.

kismet

Alan Collett

Hi Kismet.

You should be OK - here's an extract from the Migration Regulations pertaining to the 846 Established Business visa:

"The applicant:
(a) has had, throughout the 2 years immediately preceding the making of the application, an ownership interest in 1 or more established main businesses in 1 or more designated areas, which has, or together have, either:
(i) had a turnover of not less than AUD200,000 in each of those years; or
(ii) exported goods or services of a value not less than AUD100,000 in each of those years; and
(b) continues to have an interest of that kind."

And here's what "main business" means:

"Regulation 1.11. Main business

1.11. (1) For the purposes of these Regulations and subject to subregulation (2), a business is a main business in relation to an applicant for a visa if:
(a) the applicant has, or has had, an ownership interest in the business; and
(b) the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and
(c) the value of the applicant's ownership interest, or the total value of the ownership interests of the applicant and the applicant's spouse, in the business is or was at least 10% of the total value of the business; and
(d) the business is a qualifying business.

(2) If an applicant has, or has had, an ownership interest in more than 1 qualifying business that would, except for this subregulation, be a main business in relation to the applicant, the applicant must not nominate more than 2 of those qualifying businesses as main businesses."

If you run both locations through the one limited company I can't see there would be any problems treating them as one for the purpose of the permanent Established Business application.

Hope this helps.

kismet

Dear Alan,
Thanks for your reply, thats great news to hear.

Do you know how long these applications take to be processed?

And can we apply for PR anytime within the 4 years or has it all got to be processed within the 4 years or we go home?

Thank you again for such a quick reply, it has calmed us down a bit!!!

Regards

Kismet

crabtree

I take it that you have got your visa now.?
Looking on timeline you are still waiting.

Can i ask you if you were already in the catering industry when you put your business plan together or was you in business on your own?

Did you have your medicals done before you were asked for them?

Did you need a police clearance certificate?

Did you have full medicals incl HIV tests and x-rays?
If you have children did they have the same medicals?

Hope you can help it may speed things up

Tony C

kismet

Hi tony,
Yes we have our visas, id forgotten in all the rush to update my timeline.

yes we were already in Catering, we had been in business for 12 years.
We sent for police checks before we put our application in as its quite a quick one to get, then made app for meds, the kids had full meds (apart from youngest who didnt need xray)
You only have to have full meds as adults if you are going to work in a hospital or classroom situation.
We sent in all meds 2 weeks after we sent in application so they had all info togather, and got our passports back 6 weeks after we made appl
Hope this answers a few of your questions
Good Luck
Kismet

Alan Collett

Hello again Kismet.

In answer to your questions:

1. I would expect an application for an Established Business visa to be processed in about 6 months through the Business Skills Processing Centre in Perth.

2. You can apply to extend your 457-IE visa by 2 years through what is called a 457-IE Further Application Onshore if you have been making genuine efforts to get your business going on the 4 year visa but haven't yet satisfied the criteria for the permanent visa. And if you apply for the permanent Established Business visa and a decision on that application hasn't been made by the time your 457-IE expires you would be granted a Bridging visa to keep you legal until a decision is made on your permanent visa application.

There's more information on the 457-IE FAO here:
http://www.immi.gov.au/allforms/temp_457ie.htm#indepfao

Hope this helps.

crabtree

Kismet,
Thanks for the Info.
We will now book our medicals and perhaps it will speed things up a little.
What part of Oz are you going (or at)? We are going to WA south of Perth hopefully.
Best of luck in your venture.

Tony C

kevmitch

I know Alan Collet has posted a more comprehensive answer, but one point to make - I don't think the investment in the business has to be $100,000, the figure relates to turnover of the business when applying for PR.

On a related topic, we're appying on the same basis (IE 457) (different business) - we've had x-rays and my 16 year old has had his medical and everything has been submitted - however, nobody has mentioned police checks to us. Is this something you were asked to produce by the immigration people? If we're likely to get asked, it would save time if I sent off for these now.