Successful case study - RSMS
In March 2012, Mr A’s business migration visa application was refused. With the recommendation of a friend, Mr A came to Winters Solicitors to seek for migration advice.
Assessing the Applicant
Ms Sun and Mr Winter assessed Mr A’s working experiences in China, education background and personal assets. Ms Sun and Mr Winter also looked at the reasons for the refusal of business visa. After making appropriate assessments, they designed a migration plan for Mr A.
Mr A was advised not to appeal the decision of the Department of Immigration or to re-submit the application. The reason for this is because Mr A did not provide sufficient evidence to prove his financial capacity. Further to that, there will be 1 year waiting period for both appealing the decision and resubmitting the application.
Proposed Migration Plan: Regional Sponsored Migration Scheme (RSMS)
Step One: Apply for a working visa (temporary)
Step Two: Apply for a Regional Sponsored Permanent Visa
Nominated Occupation: Manager
Reason for the plan: Mr A has a working experience of 10 years or more in management, therefore he has sufficient skills as a manager.
Education background: Mr A has a Bachelor degree and he has completed a Master in Business Administration at Qinghua University.
English Skills: Mr A did not score 5 on each of the four components of speaking, reading, listening and writing in an IELTS test.
The advantage of this visa: One does not need to explain the source of his/her capital.
Setting up a company
- Shareholding structure
- Employees’ position
- Employees’ salary
- The applicant’s nominated position and salary ( )
New business plan: planning for business direction
Training plan: a plan to train current employees
Advertising: the nominated position needs to be advertised
-Sponsorship application -> Nomination application -> visa application
-Documents need to be organised and an index be included.
-Reason: The allocated case officer will be pleased to go through an organised application and this will lead to giving the visa applicant a good first impression.
-Liaising with the accountant in order to obtain accurate information for the company and applicant
Step one- Two months after submitting the visa application, Mr A was granted a temporary working
visa. Mr A and his family stepped into Australia. Mr A’s children were able to attend school at the start of the school term;
Step two- Six months after submitting the application, Mr A was granted his permanent residency status.