Case Background

The applicant had been previously refused as a secondary applicant for a skilled visa due to PIC 4020. The applicant had been a holder of a student visa and has owned a business in Australia for the past two years with enough turnovers to apply for the subclass 188 visa in the Business Innovation Stream.

We have assessed his case circumstances and found the following:

• During the past two years of running his business, he had been on a student visa which only allowed him with limited work hours.
• He had been under a PIC 4020 bar as it has been less than three years since his previous refusal decision.
• Having 3 full-time permanent Australian Employees in his business.
• He has less than 6 months of his student visa left, and this won’t last for the PIC 4020 bar to be lifted.

Case Deliberations

• The PIC 4020 bar could be waived based on interests of Australian Citizens or PRs. This could be reflected through the business provisions of employment for local Australian workers.
• The applicant could demonstrate his active management through explanations how he balances work and study at the same time.
• The PIC 4020 bar has brought this application on fast-tracked processing, with special attention to the creditability of his documentations. Extract care and attention to eliminate discretions is crucial to the outcome of this case.

Case Outcome

The applicant was successfully granted with a Subclass 188 visa within 6 months.