Do you hold a Subclass 188 Business Innovation and Investment (Provisional) visa? Now that you have the provisional visa, are you unsure about what you have to do to increase your chance of getting the Subclass 888 Business Innovation and Investment (Permanent) visa? Are you wondering what type of business models are acceptable for 888 Business Permanent Visas? We are often asked whether a franchise is an appropriate business model. Here is a summary of the reasons why franchises can be an acceptable business model when holding a 188 visa and for 888 visa purposes. The general criteria for a subclass 888 visa are as follow:888 visa Basic Requirements
A franchise is permission granted to a person or corporation allowing them to operate a business under certain conditions. A franchisee, as the owner of the business, must have a ‘direct and continuous management role’ to satisfy ‘main business’ visa requirements.
The ‘main business’ requirement is a condition of the 888 Business Permanent Visa that requires the primary applicant to have an ownership interest and be actively operating the main business. ‘Main business’ is defined as the following:
There may be some instances where the Department determines your franchise is not an acceptable ‘main business’. This is due to the requirement that the applicant must maintain ‘direct and continuous involvement’ in the management of the business. Many franchise agreements place requirements on the franchisee in respect of products, prices, shop décor, advertising, financial reporting, and staff training. These franchise requirements will to a greater or lesser extent restrict the autonomy of the franchisee to freely manage the business. The onus is on an applicant to demonstrate that they maintain substantial involvement in the management of the business despite the requirements imposed on their operations through the franchise agreement.
The delegates of the Department have discretion to refuse a visa application if they determine that the applicant fails some or all of the criteria. ‘Direct and continuous’ management is an important factor to be aware when assessing whether your franchise is a suitable business for the 888 Business Permanent Visa. When the Department assesses your application, the following may be considered:
Related:
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