On paper, Mr. P.T.H.V held only 28% equity in his logistics company and was denied assistance by all immigration consulting firms. However, after completing the application with valid documents, the Department of Home Affairs granted him the visa without any additional questions.
Client Information and Challenges
Mr. P.T.H.V is the owner of a logistics company related to shipping in Vietnam. His initial goal was to migrate to Australia under the 188A visa to reunite with his family.
After thoroughly researching the requirements of the 188A Business Innovation visa program and believing he met 90% of the eligibility criteria, Mr. P.T.H.V approached various consulting firms. However, his application was deemed ineligible by all of them.
The 188A program requires the business owner to hold at least 30% equity in the company. On the legal documents, Mr. P.T.H.V was shown to own only 28%.
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Mandatory Conditions for the 188A Visa Program – Australia Business Innovation Stream The 188A visa program requires a minimum investment of AUD 200,000 and a total net asset value in Vietnam of AUD 1.25 million (approximately 20 billion VND). It is one of the lowest-cost investment immigration programs for Australia, where the investment can be made by establishing a new business or investing in an existing one in Australia. However, investors must prove the success of their business through annual revenue and owned assets. |
SI Group’s Solution
After being rejected by multiple consulting firms, Mr. P.T.H.V abandoned his dream of settling in Australia and shifted his focus to the long-term residency program in New Zealand.
Although SI Group could have assisted him in exploring New Zealand’s immigration path, after considering various factors (such as benefits, goals, and conditions), our team of experts and legal advisors decided to pursue a solution for the 188A visa.
Recognizing the biggest obstacle in Mr. P.T.H.V’s application was the equity ownership issue, SI Group focused on helping him prove his actual shareholding in the company.
Handling the Application and Proving Share Ownership
In Mr. P.T.H.V’s case, his real ownership in the company was 35%. However, due to a legal documentation error, his ownership was recorded as only 28%.
Understanding the root cause of the issue, SI Group quickly implemented the following steps:
- Complete the required documentation for the 188A visa program, while preparing additional documents to prove the client’s 35% equity share. This included:
- Bank statements spanning several years, proving the distribution of annual dividends to the owner.
- Signed confirmations from other company shareholders.
- Other supporting documents.
- Prepare a formal explanation for the Department of Home Affairs. SI Group experts assisted Mr. P.T.H.V in clearly documenting the company’s financial and operational history over the past 10 years.
Result
SI Group successfully helped Mr. P.T.H.V prepare all necessary documents and evidence to prove his actual shareholding.
Thanks to the comprehensive and convincing submission, the Department of Home Affairs approved the client’s application without any further questions or requests for clarification.
Despite the initial challenges, SI Group’s thorough understanding and flexible handling of the case allowed Mr. P.T.H.V to overcome the legal barriers. He has now been granted the 188A Business Innovation visa and is preparing the 888 application for Australian citizenship.
