Case Study: Business Innovation and Investment Visa (188 and 888)
Isabelle came to us for help with her 888 Business Innovation visa (permanent) application, which was lodged by her previous migration agency. She had received a request for information by the Department of Home Affairs regarding her involvement in the day-to-day management of her business.
The department had scrutinised her documents and found that Isabelle had travelled to China on many occasions while holding the 188A (provisional) visa. The longer than expected stays overseas led the department to ask for further documentation before they could reach a final decision.
However, after assessing her situation, we found that Isabelle, as the director holding 50% shares of a Melbourne-based business, did contribute significantly to the daily operation of the business.
Isabelle was in her late forties and had been diagnosed with chronical gastroenteritis before her arrival in Australia. Her illness resulted from stress during her early years in business and could be controlled by non-prescription medication. However, her physical condition had severely worsened because she was under a lot of pressure due to her business affairs, resulting in an eating disorder. Isabelle was not confident consulting a local doctor as her English was not very good, so she went back to China for a few weeks for diagnosis, treatment and recovery.
It was also evident that even during her stay in the hospital in China, she continued to communicate electronically with Australia and Chinese suppliers and partners, remotely keeping her Australian business on track. Consequently, her business did not suffer any loss nor go through unfavourable fluctuations while she was physically absent.
The department tightened up the timeframe to lodge her application, so our migration team acted right away and commenced the compilation of supporting documentation to prove Isabelle’s genuine involvement in her business. Our well-organised submission and accompanying evidence was lodged within one week. The department did not request anything further from us, and two weeks later, our client’s whole family was granted an 888 permanent visa.
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