A Beautiful Legend of 132B Business Talent Visa: Is it too good to be true?

A Beautiful Legend of 132B Business Talent Visa: Is it too good to be true?

There seems an urban legend that has been circulating among millionaires interested in migrating to Australia on a Business Talent – Venture Capital Entrepreneur Stream visa (or the so-called SC132B visa). The dream SC132 visa the legend portrays is: no requirement on your age, English skill, education and business background! You won’t be bothered by an annoying process to prove that your assets are acquired legally and unencumbered! You don’t need to worry about troublesome business management affairs and can live wherever you like! So long as you are a millionaire, you can easily get a SC132B visa and directly become a permanent resident of Australia with minimum waiting time! …

Have you ever heard these kinds of attractive features about SC132B visa? It sounds great and hard for one not to be tempted. However, is it really that easy to become a “business talent”?

The Truth of SC132B Visa

SC132B Venture Capital Entrepreneur visa is one stream of SC132 Business Talent Visas. This pathway does have an advantage of allowing applicants to gain permanent residency immediately. The eligibility for SC132B visa is set out on the website of the Department of Immigration and Border Protection (DIBP). Among other things:

  • an applicant must have received at least AUD1 million in funding from an Australian venture capital firm;
  • The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea;
  • The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet;
  • The applicant must have entered into a formal agreement with the venture capital firm for the funding.

In addition, applicants must meet the requirements of their venture capital agreement after entering Australia, and have a genuine and realistic commitment to continuously maintain an ownership interest and engagement in their business and/or investment.

These requirements demonstrate that SC132B stream is designed to attract innovative and talented businessmen around the world to carry out their promising high-value business ideas in Australia and therefore stimulate the dynamism and creativity of Australia’s economy.

Potential Risks on migration fraud and scams

In the real world, it is never easy to become a “talent”. The truth is that it is challenging for applicants to receive the eligible $ 1 million funding. For this reason, the threshold of SC132B stream is in fact quite high. On the other hand, if a SC132B visa is granted based on fraudulent or misleading information, once discovered by the DIBP’s officers, its holder’s eligibility of a permeant resident is at risk. More seriously, the person involved in may be imposed a ban to any visa application for a number of years.[1]

Migration fraud and scams are treated seriously in Australia. These kinds of conduct may be imputed to applicants even if not done by them personally. An allegation such as “no knowledge” or “innocent victim” by itself is not enough to justify these applicants from being responsible for their agents’ unlawful or dishonest conduct under this circumstance. This is because that they may still be deemed to be “indifference as to whether or not the visa is obtained by agent acting unlawfully or dishonestly”[2]. According to recent cases of the Federal Court of Australia, factors such as an applicant’s background, the seriousness of relevant conduct and whether the applicant is able to provide sufficient evidence may be taken into account. Considering the significance of a SC132B visa’s influence on applicants’ career and life, it is not unreasonable to ask applicants to be prudent.

In conclusion, for all entrepreneurs who are interested in SC132B Business Talent visa, it is necessary to be prudent from the very beginning and not to put your bright future under potential risks. If you have any concerns regarding SC132 visas, please do not hesitate to contact our experienced immigration lawyers.

[1] Public Interest Criterion 4020.

[2] Zhang v Minister for Immigration and Border Protection (2016) FCAFC 142; Gill v Minister for Immigration and Border Protection [2016] FCA 921.

关于132B商业天才签证的传言

不要语言成绩,无需学历证明,没有年龄限制,只要有不到1000万人民币的资金,无需提供资金来源证明就可以申请132B签证全家移民澳洲?签证优先审理,一步到位,没有移民监,更不用亲自打理生意?这些关于132B商业天才签证的优势看上去令人心动。然而,成为一个“商业天才”真的如此容易吗?

还原一个真实的132B签证

132B签证是商业天才移民签证的一种,又叫做风险投资企业家签证。获得该签证的申请人确可以一步到位成为澳洲的永久居民。澳洲移民局对132B签证的申请提出了如下要求:

  • 申请人需要有一个前景广阔、价值高的商业理念;
  • 申请人需要从澳大利亚风险投资公司获得至少100万澳元的风险投资基金,用于启动和拓展生意;
  • 该风险投资公司须为澳大利亚私募股权与风险投资协会(Australian Private Equity and Venture Capital Association Limited,AVCAL)成员;相关投资类别由AVCAL做出规定;
  • 申请人须与该风险投资公司签订正式的投资协议。

此外,132B签证的申请人在获得签证抵达澳洲后,必须按照所签订的投资协议开展业务;必须真实且实际地承诺保持在生意和/或投资中的持股比例与参与度。

由此可见,132B签证的设计是为了吸引创新型商业人才来到澳洲开拓发展,为澳洲经济注入活力。

违规获得132B签证将面临的风险

成为“天才“并没有传说中的那样简单。如果申请人在不符合132B签证要求的情况下侥幸获得了签证,一旦被移民局查出,不仅永久居民身份面临取消的风险,还可能在澳洲移民局留下不良记录,严重影响今后的签证办理。这些风险将一直跟随申请人,直至违规行为被发觉。

此外,澳洲移民局对向其提供虚假及有误导性信息的行为处理以严格著称。即使相关行为并非由申请人亲自做出,仅凭申请人对代理人行为不知情这一理由是不足以开脱申请人本人的责任的。这是因为申请人的“不知情”有可能被认定为对代理人代为办理签证的手段是否合法与诚实“漠不关心(indifference)”,因而需要承担相关的法律后果。根据近期联邦法院对类似案件的判决,申请人的个人背景、行为的严重性以及是否有充分的证据都可能成为考量因素[1]。鉴于132B签证所涉及的商业投资行为对申请人在事业及生活的上的影响的重要性,申请人保持一定程度上的审慎是非常必要的。

事实上,132B签证所要求的100万澳元的投资基金是难以轻易获得的,对签证申请人及其商业理念都有很严格的要求。在此提醒有意向通过132B商业天才签证移民的创业者们,在做出选择以及签证办理过程中都要保持谨慎的态度。如有任何疑问,可咨询专业的移民律师,不要因为一时的疏忽留下难以弥补的遗憾。

[1] Zhang v Minister for Immigration and Border Protection (2016) FCAFC 142; Gill v Minister for Immigration and Border Protection [2016] FCA 921.[:zh]关于132B商业天才签证的传言

不要语言成绩,无需学历证明,没有年龄限制,只要有不到1000万人民币的资金,无需提供资金来源证明就可以申请132B签证全家移民澳洲?签证优先审理,一步到位,没有移民监,更不用亲自打理生意?这些关于132B商业天才签证的优势看上去令人心动。然而,成为一个“商业天才”真的如此容易吗?

还原一个真实的132B签证

132B签证是商业天才移民签证的一种,又叫做风险投资企业家签证。获得该签证的申请人确可以一步到位成为澳洲的永久居民。澳洲移民局对132B签证的申请提出了如下要求:

  • 申请人需要有一个前景广阔、价值高的商业理念;
  • 申请人需要从澳大利亚风险投资公司获得至少100万澳元的风险投资基金,用于启动和拓展生意;
  • 该风险投资公司须为澳大利亚私募股权与风险投资协会(Australian Private Equity and Venture Capital Association Limited,AVCAL)成员;相关投资类别由AVCAL做出规定;
  • 申请人须与该风险投资公司签订正式的投资协议。

此外,132B签证的申请人在获得签证抵达澳洲后,必须按照所签订的投资协议开展业务;必须真实且实际地承诺保持在生意和/或投资中的持股比例与参与度。

由此可见,132B签证的设计是为了吸引创新型商业人才来到澳洲开拓发展,为澳洲经济注入活力。

违规获得132B签证将面临的风险

成为“天才“并没有传说中的那样简单。如果申请人在不符合132B签证要求的情况下侥幸获得了签证,一旦被移民局查出,不仅永久居民身份面临取消的风险,还可能在澳洲移民局留下不良记录,严重影响今后的签证办理。这些风险将一直跟随申请人,直至违规行为被发觉。

此外,澳洲移民局对向其提供虚假及有误导性信息的行为处理以严格著称。即使相关行为并非由申请人亲自做出,仅凭申请人对代理人行为不知情这一理由是不足以开脱申请人本人的责任的。这是因为申请人的“不知情”有可能被认定为对代理人代为办理签证的手段是否合法与诚实“漠不关心(indifference)”,因而需要承担相关的法律后果。根据近期联邦法院对类似案件的判决,申请人的个人背景、行为的严重性以及是否有充分的证据都可能成为考量因素[1]。鉴于132B签证所涉及的商业投资行为对申请人在事业及生活的上的影响的重要性,申请人保持一定程度上的审慎是非常必要的。

事实上,132B签证所要求的100万澳元的投资基金是难以轻易获得的,对签证申请人及其商业理念都有很严格的要求。在此提醒有意向通过132B商业天才签证移民的创业者们,在做出选择以及签证办理过程中都要保持谨慎的态度。如有任何疑问,可咨询专业的移民律师,不要因为一时的疏忽留下难以弥补的遗憾。

[1] Zhang v Minister for Immigration and Border Protection (2016) FCAFC 142; Gill v Minister for Immigration and Border Protection [2016] FCA 921.

A Beautiful Legend of 132B Business Talent Visa: Is it too good to be true?

There seems an urban legend that has been circulating among millionaires interested in migrating to Australia on a Business Talent – Venture Capital Entrepreneur Stream visa (or the so-called SC132B visa). The dream SC132 visa the legend portrays is: no requirement on your age, English skill, education and business background! You won’t be bothered by an annoying process to prove that your assets are acquired legally and unencumbered! You don’t need to worry about troublesome business management affairs and can live wherever you like! So long as you are a millionaire, you can easily get a SC132B visa and directly become a permanent resident of Australia with minimum waiting time! …

Have you ever heard these kinds of attractive features about SC132B visa? It sounds great and hard for one not to be tempted. However, is it really that easy to become a “business talent”?

The Truth of SC132B Visa

SC132B Venture Capital Entrepreneur visa is one stream of SC132 Business Talent Visas. This pathway does have an advantage of allowing applicants to gain permanent residency immediately. The eligibility for SC132B visa is set out on the website of the Department of Immigration and Border Protection (DIBP). Among other things:

  • an applicant must have received at least AUD1 million in funding from an Australian venture capital firm;
  • The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea;
  • The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet;
  • The applicant must have entered into a formal agreement with the venture capital firm for the funding.

In addition, applicants must meet the requirements of their venture capital agreement after entering Australia, and have a genuine and realistic commitment to continuously maintain an ownership interest and engagement in their business and/or investment.

These requirements demonstrate that SC132B stream is designed to attract innovative and talented businessmen around the world to carry out their promising high-value business ideas in Australia and therefore stimulate the dynamism and creativity of Australia’s economy.

Potential Risks on migration fraud and scams

In the real world, it is never easy to become a “talent”. The truth is that it is challenging for applicants to receive the eligible $ 1 million funding. For this reason, the threshold of SC132B stream is in fact quite high. On the other hand, if a SC132B visa is granted based on fraudulent or misleading information, once discovered by the DIBP’s officers, its holder’s eligibility of a permeant resident is at risk. More seriously, the person involved in may be imposed a ban to any visa application for a number of years.[1]

Migration fraud and scams are treated seriously in Australia. These kinds of conduct may be imputed to applicants even if not done by them personally. An allegation such as “no knowledge” or “innocent victim” by itself is not enough to justify these applicants from being responsible for their agents’ unlawful or dishonest conduct under this circumstance. This is because that they may still be deemed to be “indifference as to whether or not the visa is obtained by agent acting unlawfully or dishonestly”[2]. According to recent cases of the Federal Court of Australia, factors such as an applicant’s background, the seriousness of relevant conduct and whether the applicant is able to provide sufficient evidence may be taken into account. Considering the significance of a SC132B visa’s influence on applicants’ career and life, it is not unreasonable to ask applicants to be prudent.

In conclusion, for all entrepreneurs who are interested in SC132B Business Talent visa, it is necessary to be prudent from the very beginning and not to put your bright future under potential risks. If you have any concerns regarding SC132 visas, please do not hesitate to contact our experienced immigration lawyers.

[1] Public Interest Criterion 4020.

[2] Zhang v Minister for Immigration and Border Protection (2016) FCAFC 142; Gill v Minister for Immigration and Border Protection [2016] FCA 921.[:]

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