Business Ownership and Day-to-Day Management Regulation

Satisfying the legislation regulation1.11, under the definition of under business ownership and “day-to-day hands-on management” for Business Skills Visa under subclass 188 and 132 visa applications, the regulation reads as:

Reg 1.11    Main business 

(1)  For the purposes of these Regulations and subject to sub-regulation (2), a business is a main business in relation to an applicant for a visa if:

(a)  the applicant has, or has had, an ownership interest in the business; and

(b)  the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day-to-day and in making decisions affecting the overall direction and performance of the business; and

We consider this particular regulation toxic, as it gives extraordinary discretionary power to the case officer to determine what constitutes those factors that satisfy the regulation.

In the modern day of electronic communications where does management via electronic communications come into the assessment of this criteria? Will it withstand the submission that the exercise of direction and control, and critical decision making via electronic means can be constituted as hands-on day-to-day management in the 90s?

I had a few successful submissions despite many cases having been rejected on account of not satisfying regulation 1.11,

As an experienced agent of 27 years, I am heavily challenged by such regulations where in many cases, clients who have delegated the management role to an external party will be challenged by the department.

The metric of day-to-day management varies, dependant on the nature and structure of the business. There is no cut and paste template for these discretionary criteria.

Applicants must exercise due diligence in choosing a competent agent that will be able to successfully address or handle (pick one) these discretionary issues. An experienced agent will be able to address these issues successfully.

With our 27 years of experience, Australian Migration Agents Pty Ltd will waltz you through the eye-of-the-needle of the Australian Migration Bureaucracy, every step of the way to ensure you achieve a successful outcome.

Contact us and start planning your migration:

Email: ama@austmigration.com.au

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