Business Sponsorship, 457 Nomination, and Visa Appeal to the Administrative Appeals Tribunal.
The Australian immigration system does not provide a clear or simple pathway for IT start-ups. Start-ups are required to use the standard Temporary Work Subclass 482 visa program or, in a limited number of cases where the individual is a significant shareholder, they may be able to access the Business Innovation and Investment (Provisional) Subclass 188 visa Entrepreneur stream. When it comes to sourcing non-shareholder staff, the 457 visa is the only option.
Hammond Taylor was engaged to act by the founder of an innovative IT start-up based in Melbourne after the company’s first Business Sponsorship and 457 Nomination were refused. Hammond Taylor worked with the start-up to lodge an appeal of the refusals to the Administrative Appeals Tribunal Migration Division (AAT). This ensured the founder could remain in Australia and continue growing the business while awaiting the AAT hearing.
To ensure the business would meet the requirements for the granting of the Business Sponsorship and Temporary Work visa, Hammond Taylor provided guidance on the necessary documentation the AAT would seek at the hearing, including business reports, evidence of operations, the founder’s position and salary requirements. By conducting regular follow-ups with the business Hammond Taylor have ensured that the organisation is across changes to immigration laws and policy and is well positioned for the pending Administrative Appeals Tribunal hearing and continues to meet the relevant criteria for granting of the visa.