Friday the 22nd of May 2015
Volume 372

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Is obtaining a Bridging Visa B an automatic right?                                          
closeup of the australian visa in passport
A Bridging visa B is vital to obtain if you only have a BVA and you need to leave and re-enter Australia
By Karl Konrad  


Right then, your on a Bridging visa 'A' feeling very smug about the prospects of having your visa granted soon but something comes up and you need to leave Australia and come back.


Now most of you may be aware that there is no travel permission whilst the Bridging Visa A (BVA) is in effect. Yes the DIBP will allow you to leave but once you've gone the BVA ceases to exit. Many people have been caught out thinking they can return to Australia on their BVA's.


Now you have to wonder why BVA's don't come with travel permission to re-enter Australia? I mean do we really need to treat you like a prisoner whilst your visa is being processed? I wouldn't have thought so. Is there anything particularly dangerous about you that traveling overseas for a short period is going to make you worse? Of course not.


So we might as well let you go as far as I am concerned. Good for the tourist shops at the airport every time someone leaves Australia anyway.


However the BVB is there to give you permission to re-enter but there are many factors the DIBP will consider before they give you one. The law states the: "Minister is satisfied that the applicant's reasons for wishing to do so are substantial"


Substantial reasons to leave and re-enter Australia


Since the term "substantial" is not defined in the Migration Regulations, the DIBP has to rely upon the every day meaning of the word and this can be found in dictionaries around the world. The DIBP guidelines state;


"Officers must bear in mind the above dictionary meanings of "substantial" and apply them in two ways to the assessment of the criterion: is the reason for wishing to travel substantial - that is, is it important, of real worth or value? And is the need to travel genuine - that is, is it real and actual?"


And of course the DIBP has some examples to choose from;


"employment, business or education - for example:

       attending work or study conferences

       participating in business negotiations or meetings

       undertaking academic research or presenting papers

family, other relatives or other person important to the person - for example:

       visiting a seriously ill family member, relative or close friend

       attending the wedding, or other culturally important event, of a family member relative or close friend

       attending the funeral of a family member, relative or close friend

substantive visa application - for example:

       undergoing medical treatment for an existing condition

       obtaining documentation needed to satisfy legal criteria

       resolving custody issues relating to a claimed family unit member

       travelling outside Australia for personal reasons (including having a holiday) because the processing or review of their substantive visa application has been protracted."


And to top this off the case officers will stare you in the face and try and assess whether you are genuine or not;


"The above examples are given as a guide only and are not exhaustive. Officers must use their judgment when deciding if they are satisfied that the person has a genuine need to travel and document the reasons for their decision."


So remember when you front up at the DIBP to ask for a BVB, make sure you have your story, ah sorry, your substantial reasons, well rehearsed.


Good luck  


Re-vamped SIV and the new PIV
cheers dog with a glass of champagne
Watch out all those high net worth individuals out there, Austrade is looking for you.
By Jee EUn HAN


For those fortunate to have a few spare million rattling around in your bank accounts doing nothing in particular, why not put it to good use to obtain permanent residency?


A snapshot of the revised rules for both the Significant Investor Visa and the new Premium Investor Visa have been released to wet your appetitie. These changes are due to start on the 1st July 2015.


Significant Investor Visa (SIV)


The new rules will require SIV applicants will be to invest at least $5 million over four years in complying investments and you must be nominated by a State or Territory of Australia or by Austrade.


These investments must include:


At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. The Government expects to increase this to $1 million for new applications within two years as the market responds;


At least $1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and


A 'balancing investment' of up to $3 million in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to the 10% limit on residential real estate).


The purchasing of real estate has always been an issue in the media regarding the SIV but there are arguments that direct investment in real estate has never been a complying investment. In the future indirect investment in residential real estate through managed funds may be restricted.


Of course like any person in Australia the SIV holder can still independently invest in residential real estate so long as they comply with foreign investment rules.


More information will be released before on expected 1st of July start.


The Premium Investor Visa (PIV)


This is going to be new carrot for all of those high flyers out there. It will be targeting talented entrepreneurs and innovators. The bonus of using this visa pathway is that it offers an accelerated 12 month pathway to permanent residency for those meeting the a $15 million dollar threshold.


It is expected that this visa will be available by "invitation only" and potential applicants will have to rub shoulders with Austrade to be nominated. As you might expect the number of people this will apply to will be small. Perhaps there will be some excuses for Austrade staff to be given a few gambling chips to play at the local casino. 


It appears that this visa will not have an immediate start on the 1st of July but will be rolled out gradually in the next financial year.



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Jee Eun Han

   Executive Manager

           Jee Eun Han

Australian Immigration Law Services






Karl Konrad

    Managing Director

          Karl Konrad

Australian Immigration Law Services




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