892 refusal

[dude2708]

Hi

My visa application for subclass 892 visa has been refused based on clause 892.211. I have been in Australia since 2012 and started a partnership business (Chiss cleaning) and operated about a year and then had to change it to a PTY LTD company ( Chiss cleaning Pty Ltd ) and operated 1 year and 4 months. The main reason behind changing the partnership to Pty Ltd was, many contractors requested me to change it to Pty ltd in order to obtain huge cleaning contracts (private contracts). I could not register the name (pty Ltd) under the same ABN as partnership, therefore I had to register Chiss cleaning pty ltd under a new ABN. Both companies were under the same ownership and didn’t change anything except the transition from partnership to Pty ltd.

Below is the description from the case officer regarding the refusal of the application.

 

 

In determining if clause 892.211 is met, I must consider whether the activities conducted by the applicant satisfy the definition of ‘ownership interest’. As the application was lodged on

2 November 2015, the 2 years immediately before the application is made, is taken to mean

2 November 2013 until 1 November 2015 (hereafter referred to as the relevant period).

Findings and reasons

Based on the claims and evidence submitted with this application, I am not satisfied that the applicant meets clause 892.211 of Schedule 2 of the Regulations for the reasons set out below.

Ownership

The applicant claimed in Form 1217 that they were involved in the nominated main business from 30 May 2012 as the owner with 100% ownership interest. The applicant’s nominated “Chiss cleaning Pty Ltd” (ABN:000 000 000) as his main business.

I have considered all the information and documentary evidence provided by the applicant. The applicant did not provide BAS relating to the nominated business for the period from 2 November 2013 to 30 June 2014. The first BAS provided for “Chiss cleaning Pty Ltd” (ABN: 000 000 000) is for the 1 July 2014 to 30 September 2014 quarter. This indicates that the applicant only started actively operating the nominated business on or about 1 July 2014.

The applicant also provided documents showing that he was involved with 1 other business:

Partnership

 

 

• Chiss cleaning (ABN 000 000 000) was registered with ASIC on/from 18 December 2012 and it is still Active.

 

 

I actually didn’t know the fact that I have to operate the business under the same ABN number. I was under the assumption that it has to be under the same ownership for 2 years. My agent also wasn’t aware of it before he lodged the application with IMMI and failed to inform me when the case officer questioned it and asked for further evidence.

 

 

Can anyone advise me what I need to do next and the options I should be consider.

 

 

Thank in advance

[cliffy]

Have you an accountant who can verify that you were trading and paying tax as a partnership from 2012. Whether as a partnership or Pty Co you are liable to submit Tax Returns in addition to your personal ones.

[dude2708]

Have you an accountant who can verify that you were trading and paying tax as a partnership from 2012. Whether as a partnership or Pty Co you are liable to submit Tax Returns in addition to your personal ones.

 

Hi Cliffy

 

Yes we submitted all the relevant documents, Tax and any other compliance documents for all the business from 2012.

[snifter]

I'd be going back to your agent to see if you can appeal. If they did not inform you that more information had been requested and therefore you did not provide it I'd be seeing what you can do re them and an appeal. Surely they should know the visa requirement rules.

[dude2708]

I'd be going back to your agent to see if you can appeal. If they did not inform you that more information had been requested and therefore you did not provide it I'd be seeing what you can do re them and an appeal. Surely they should know the visa requirement rules.

 

HI

 

thanks for your information. I also want to be 100% sure that i have a strong case here to appeal for the Tribunal.

 

thanks

[snifter]

You are asking the wrong people. We are just a forum membership. We can't tell you if you have a strong case.

 

I'd see if you have recourse re your agent (or a way to complain) if they really did not inform you about the extra info and therefore you were not able to give the requested info to your CO on time.

 

I'd also perhaps seek a second opinion from a reputable MARA agent about your case.

[wrussell]

Hi

My visa application for subclass 892 visa has been refused based on clause 892.211. I have been in Australia since 2012 and started a partnership business (Chiss cleaning) and operated about a year and then had to change it to a PTY LTD company ( Chiss cleaning Pty Ltd ) and operated 1 year and 4 months. The main reason behind changing the partnership to Pty Ltd was, many contractors requested me to change it to Pty ltd in order to obtain huge cleaning contracts (private contracts). I could not register the name (pty Ltd) under the same ABN as partnership, therefore I had to register Chiss cleaning pty ltd under a new ABN. Both companies were under the same ownership and didn’t change anything except the transition from partnership to Pty ltd.

Below is the description from the case officer regarding the refusal of the application.

 

 

In determining if clause 892.211 is met, I must consider whether the activities conducted by the applicant satisfy the definition of ‘ownership interest’. As the application was lodged on

2 November 2015, the 2 years immediately before the application is made, is taken to mean

2 November 2013 until 1 November 2015 (hereafter referred to as the relevant period).

Findings and reasons

Based on the claims and evidence submitted with this application, I am not satisfied that the applicant meets clause 892.211 of Schedule 2 of the Regulations for the reasons set out below.

Ownership

The applicant claimed in Form 1217 that they were involved in the nominated main business from 30 May 2012 as the owner with 100% ownership interest. The applicant’s nominated “Chiss cleaning Pty Ltd” (ABN:000 000 000) as his main business.

I have considered all the information and documentary evidence provided by the applicant. The applicant did not provide BAS relating to the nominated business for the period from 2 November 2013 to 30 June 2014. The first BAS provided for “Chiss cleaning Pty Ltd” (ABN: 000 000 000) is for the 1 July 2014 to 30 September 2014 quarter. This indicates that the applicant only started actively operating the nominated business on or about 1 July 2014.

The applicant also provided documents showing that he was involved with 1 other business:

Partnership

 

 

• Chiss cleaning (ABN 000 000 000) was registered with ASIC on/from 18 December 2012 and it is still Active.

 

 

I actually didn’t know the fact that I have to operate the business under the same ABN number. I was under the assumption that it has to be under the same ownership for 2 years. My agent also wasn’t aware of it before he lodged the application with IMMI and failed to inform me when the case officer questioned it and asked for further evidence.

 

 

Can anyone advise me what I need to do next and the options I should be consider.

 

 

Thank in advance

 

At first sight, it looks as if you might be stuffed.

If you email me a copy of your refusal letter (visa@pinoyau.com) I shall see whether I can make a useful comment.