About these Guidelines. Business Innovation Stream. Nomination Criteria

Transcription

1 GUIDELINES FOR APPLYING FOR AUSTRALIAN CAPITAL TERRITORY (ACT) NOMINATION OF A BUSINESS INNOVATION AND INVESTMENT (PERMANENT) (SUBCLASS 888) VISA BUSINESS INNOVATION STREAM The Australian Capital Territry (ACT) Gvernment encurages business investment int the Territry and can prvide advice n ACT nminatin criteria, but nt n wider immigratin issues. Befre ldging an applicatin fr nminatin, it is recmmended that yu btain specific migratin advice relevant t yur circumstances frm the Department f Immigratin and Brder Prtectin r a Registered Migratin Agent. The ACT Migratin Prgram is managed by the Small Business and Skills area in Chief Minister, Treasury and Ecnmic Develpment, a Directrate f the ACT Gvernment. Abut these Guidelines These guidelines explain hw t ldge an applicatin fr Australian Capital Territry (ACT) nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) visa Business Innvatin stream. Business Innvatin Stream This visa is a permanent visa fr peple wh have invested a minimum AUD$200,000 t establish r purchase a business in the ACT; and successfully cnducted business activity in the ACT fr at least 2 years. Nminatin Criteria Meet the Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Permanent) (subclass 888) visa Business Innvatin stream.

2 Prvide evidence that yu have cnducted business activity in accrdance with the ACT nminatin fr yur subclass 188 visa. Demnstrate that yu have had, and cntinue t have, a direct and cntinuus management rle in a main business in the ACT fr at least tw years befre yu apply. Demnstrate that yu have had a turnver, in that main business (r tw main businesses), f at least AUD$ in the year immediately befre yu apply. Fr the tw years immediately befre yu apply, have an wnership interest f at least: 10% in a main business that is publicly listed; r 30% in a main business with a turnver f AUD$400,000 and abve; r 51% in a main business with a turnver f less than AUD$400,000. Meet tw f the three fllwing criteria thrughut the year immediately befre yu apply. at least AUD$200,000 net value f yur assets in the ACT business; at least AUD$ net value f yur persnal and business assets in the ACT; at least the equivalent f tw full-time emplyees wh are Australian citizens, Australian permanent residents r New Zealand passprt hlders, and are nt yur family members. Shw that yu have cmplied with yur ACT nminatin bligatins as the hlder f a subclass 188 visa. Yu must meet with Small Business and Skills t discuss yur current ACT business activity prir t ldging the applicatin. The interview will be cnducted in English. Yu must sign a declaratin acknwledging the ACT nminatin bligatins as the hlder f a subclass 888 visa. See Attachment A. Department f Immigratin and Brder Prtectin Criteria Befre yu submit yur applicatin fr ACT nminatin yu must be satisfied that yu meet the Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Permanent) (Subclass 888) Visa. Mre infrmatin abut the visa criteria is available at: Applying fr ACT Nminatin Cmplete the nline applicatin fr ACT nminatin f a Business Innvatin and Investment (Permanent) (subclass 888) visa at: Attach the fllwing infrmatin t the applicatin: Dcumentary evidence Signed declaratin acknwledging the ACT nminatin bligatins as the hlder f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa. See Attachment A. Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 2 f 7

3 Prvide a shrt summary (n mre than tw pages) describing yur ACT business activity: Describe the ACT business activity. Shw yur wnership interest including size and length f wnership. Yur management rle in yur business ver the tw years prir t applying. Yur net assets f yur business thrughut the 12 mnths prir t yur applicatin. Turnver f yur business fr the 12 mnths prir t applicatin. The number f emplyees emplyed by yur business thrughut the 12 mnths prir t applicatin. Business wnership. Evidence f initial investment t purchase r establish the ACT business and ne r mre f the fllwing: Financial dcuments. Partnership, trust r franchise agreements. Include all pages and related schedules, with evidence f stamp duty paid. Evidence f the issue, purchase r transfer f shares shwing date f wnership. If shares purchased r transferred, include the Australian Securities and Investment Cmmissin (ASIC) register. Histrical ASIC cmpany extract. Extracts frm business financial statements, including net assets, balance sheet, prfit and lss statement and ntes t the accunts. Financial statements shuld be signed by directrs and prepared by an accuntant t Australian accunting standards. Evidence f yur invlvement in the day t day management f the business fr the tw years immediately prir t date f applicatin. Business cntracts. Official cmmunicatins such as letters and s. Evidence f attendance at business meetings. Independent third party business references. Dcuments demnstrating respnsibility fr areas such as: strategic management, recruitment, price structure, business prfitability, expenditure. Other infrmatin may be prvided. Taxatin evidence f yur business activity. Australian Business Number (ABN) fr each business claimed. Australian Taxatin Office (ATO) Prtal ldged Business Activity Statement (BAS) fr each perid in the tw years prir t applicatin. Persnal taxatin returns and ntices f assessment by the ATO fr the tw years prir t applicatin. Other business dcuments. One page rganisatin chart shwing yur psitin in the business, staff attributin, management reprting lines and functinal respnsibilities. Phtgraphs f business premises and business activities (n mre than six phts). Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 3 f 7

4 Evidence f emplyees (if applicable). Shw that at least tw full time Australian emplyees, r equivalent part time emplyees) were emplyed thrughut a 12 mnth perid ending n mre than three mnths prir t the date f applicatin. PAYG summaries, wage bks, emplyee cntracts, wrkers cmpensatin, insurance and superannuatin dcuments. Residency r citizenship status f each emplyee during the same 12 mnths. Evidence f at least AUD$600,000 net persnal and business assets (if applicable). A ne page summary statement utlining all assets and liabilities fr the beginning and end f the 12 mnths prir t date f applicatin. Evidence f wnership f net value f business and persnal assets held in Australia. Evidence f liabilities (if any) against each asset, such as mrtgages, lans including unsecured and third party lans, credit cards. Persnal assets, if held in: Trust: cpy f the trust deeds. Cash assets in Australia: prvide bank statements r term depsit certificates. Real estate: title deeds, valuatin, mrtgage dcuments. Stcks and bnds: market value f share r bnd registers, share r fixed interest securities r debentures certificates and transfer certificates. Persnal r business lans in Australia: prvide lan agreements, lan statements indicating amunt brrwed and repayment schedule, listed in business balance sheet (if lan t/frm a business). Cpy f passprt (bi page and Australian visas if any) fr main applicant. Cmpleted and signed Frm 956 Cmpleted and signed Frm 956 Advice by a migratin agent/exempt persn f prviding immigratin assistance (if applicable). Service fee$1100. The service fee must be paid t cmplete yur applicatin. Please nte that dcumentary evidence in languages ther than English MUST be accmpanied by an English translatin, cmpleted by an accredited translatr. Hw t ldge yur applicatin fr ACT Nminatin The applicatin fr ACT nminatin is t be cmpleted nline at: Save yur cmpleted applicatin as a.pdf. Pay the applicatin service fee Print the applicatin and send the hard cpy applicatin with all supprting dcuments t the : Client Manager Small Business and Skills Chief Minister, Treasury and Ecnmic Develpment Directrate ACT Gvernment By curier: Level 2, Telstra Huse, 490 Nrthburne Avenue Dicksn ACT 2602 By mail: GPO Bx 158 Canberra ACT 2601 Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 4 f 7

5 Service Fee The ACT charges a nn refundable service fee fr prcessing applicatins fr nminatin f a Business Innvatin and Investment visa. The service fee is an administratin charge nly and des nt guarantee the apprval f a nminatin. The service fee f $1100 may be paid by ne f the fllwing ptins: Credit Card Select pay nw n the nline applicatin. Cheque / mney rder Select 'pay later' n the nline applicatin Make yur bank cheque / business cheque / mney rder payable t: Ecnmic Develpment Directrate. Electrnic Funds Transfer (EFT) Select 'pay later' n the nline applicatin Transfer the fee t: Westpac Bank City Walk, Canberra, 2600 Accunt name: EDD Operating Accunt BSB: Accunt Number: Swift Cde: WPACAU2S Reference: Name f applicant Please nte yur bank may charge a transactin fee fr prcessing the EFT. This charge must be paid by the applicant and is in additin t the service fee. Prcessing Time Mst applicatins fr nminatin will be prcessed within 30 wrking days. Yu shuld nt enquire abut the prgress f yur applicatin befre 30 wrking days have passed. Prgress enquiries can delay applicatin prcessing. Ntificatin f Outcme Yu will be ntified f the utcme f the applicatin by . Yu must apply fr the Business Innvatin and Investment (Permanent) (Subclass 888) visa within three mnths frm date f apprval. ACT Nminatin expires after three mnths The ffer f ACT nminatin is valid fr three (3) mnths frm date f apprval. If the visa applicatin is nt ldged within three mnths, the ffer f ACT nminatin will expire. Yu wuld have t reapply fr ACT nminatin and meet the current nminatin criteria. Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 5 f 7

6 Department f Immigratin and Brder Prtectin Visa Decisin Yu must tell us the utcme f yur ACT nminated subclass 888 visa applicatin: migratinservices@act.gv.au Attach a cpy f the decisin letter Migratin Review Tribunal Please nte that the ACT will nt, under any circumstances, appeal t the Migratin Review Tribunal against decisins by the Department f Immigratin and Brder Prtectin t decline granting a visa t any business migratin applicants nminated by the ACT. Disclaimer The ACT Gvernment and its emplyees are nt liable fr any inaccuracies r missins in the infrmatin prvided t the applicant in the cntext f their applicatin fr territry nminatin. Cntact Us Fr mre infrmatin abut the ACT Migratin Prgram, cntact: Client Manager, Small Business and Skills, ACT Chief Minister, Treasury and Ecnmic Develpment Directrate. Address: Nara Huse. 1 Cnstitutin Avenue Canberra ACT 2601 Mail: GPO Bx 158, Canberra ACT 2601 Internatinal callers: (Internatinal call rates apply) Australian callers: migratinservices@act.gv.au Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 6 f 7

7 Australian Capital Territry (ACT) Declaratin f Nminatin Obligatins Business Innvatin Stream Attachment A I (name)... (DOB) /../ f address)... d slemnly and sincerely declare that: The infrmatin cntained in my applicatin fr Australian Capital Territry (ACT) nminatin is true and accurate. I have successfully established r participated in a qualifying business in the ACT. I have maintained a substantial wnership and direct, cntinuus invlvement in the management f the qualifying business in the ACT. I have made a cmmitment t residing and setting in the ACT. Neither I, nr my spuse, have a histry f invlvement in business activities that are f a nature that is nt generally acceptable in Australia. Neither I, nr my spuse, have a histry f invlvement in bankruptcy r liquidatin prceedings. Privacy: The infrmatin yu prvide with yur applicatin is cllected by Small Business and Skills, Chief Minister, Treasury and Ecnmic Develpment, a Directrate f the ACT Gvernment and will be used t assess yur applicatin fr ACT nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa. Infrmatin yu prvide in the mnitring surveys will be cllected and used by Small Business and Skills t mnitr yur ACT business activity if yu are a successful applicant. Depersnalised business activity infrmatin may be used t cmpile statistical reprts fr internal reprting and may be published in media releases. Persnal infrmatin yu prvide in the business activity surveys may be disclsed t the Minister s Office and ther gvernment agencies. Any infrmatin submitted by yu in and/r with yur applicatin and in the business activity surveys which cntains persnal infrmatin, will be stred, used and disclsed in accrdance with the requirements f the Privacy Act 1988 (Cth). (Signature f applicant)..... Date:./.../. Name f Witness... (Signature f witness)... Date././..