Question Regarding SMC and (possibly) Entrepreneur Business Visa

[Gunkub]

Finally I get to post... after waiting for confirmation email for 3 hours, I knew something was wrong. So I went back and check, and Wallah! My email ended with .con, yeah...

Anyway, good evening to everyone. My names Gun.

So here are my circumstances, hope you have a good read

My family own a business overseas, with around 40 employees. Now, my family's friends (a NZ PR couple) came to visit us, and got interested in our business. They wanted to open that business over here and hire my dad as a Managing Director. Me and my siblings are studying here as a foreigner, so it would be great if we could get residency. I checked, so I'm pretty sure that the MD job (or whatever floats the boat) fits in SMC category. Now here's my question.

1. The company that will give out the job offer (what my family's friend just opened up) will be a new one... meaning there will be nothing for immigration to check... So we would like to know if they would let us through, even though the company is new with no current employment? Since the plan was to hire my dad first, then we go from there (buying office, hiring extra NZders, importing products, etc.) could we use that as an argument?

A big note here that he has more than 20 years of experience in this field, and his current role is the Technical and Sales Director (My mom's the MD ) So he has very high specialisation in the field. Our current business is 19 years old and the sales revenue is around $NZ 2million per year.

So I think we might be able to argue there that the success of this new business depend on him?

2. Supposed that we could not argue the above point... what do Immigration like to see? I mean do they want to see $1 million in the business bank account? Or that we already prepare everything regardless of if my dad's visa gonna get through or not? Please shed light on this... or should I consult a lawyer?

3. This might sound quite stupid... but is it ok to have my mom as a share holder of this new company? I know this made it kinda even more shady... but it has bugged me for a while and I'm desperate for an answer...

4. If we can't do 3. in normal circumstances, can we do it IF my mom is not include in the residency application? She also has different last name than my dad, though it should already be in record when I apply for my student visa anyway...

5. Now this is a completely different question... What if we try open the business in NZ ourselves? I asked my Adviser since the beginning of the year, and he said our business are not qualify as we are not (big) exporter... what are your opinion on that? o_o I got 190 points in their excel thingy (if we are going to set up outside of auckland and our business provide new product/service to that area)

Oh and for SMC the points indicator on INZ said my dad score was 225... I double check and try adding the point by myself and got 195... pretty weird (In the case that we work outside of auckland and our business could be consider IT... so his job/experience can be identify as IFG..)

Hope that is not too much to read ;p

Any advice, suggestion, or comments are much appreciated
Thanks in advance

[Gunkub]

When I was gathering info on here I thought to myself... why do some of these post so long that I died by just staring at it?

Well, right back at me I guess lol

[Sun777]

Looking at the situation, I would definitely go with professional advise as you have possible options for presenting your case and proceeding ahead. The equation is simple, if you Family friend opens up the business then they will need to go extra homework in providing all the necessary business plans, their investment , risks, future plans, expansions, growth prospective & sustainability, how it will benefit New Zealand in terms of jobs/productivity etc. I'm not qualified to provide any advise but this is general information based on some reading over internet.

As there is a lot at stake i.e. friendly relationships, money etc, I'd definitely involve a lawyer. Regarding SMC points calculation, be wary that sometimes agents (in also applicants) show lenience as this is just indication and by the time your application is submitted/processed then the final scores might be different. We did this too - so its natural to be positive.

[Gunkub]

Hi Sun777 thanks for your advice

Yeah I really want to get an immigration lawyer on this. We don't mind paying the lawyer at all, but I wanna make sure that, if we get one, he's gonna make it work for us...

And I forgot to ask, what if my dad get temporary work visa first, work in the company for a while, while we're waiting for CO, I think we might get something to show him by then?

Also, if anyone have suggestion for which lawyer should I contact I'll greatly appreciate it.

Thanks

[Gunkub]

Fifth post to open PM

[JandM]

The trouble for anyone trying to help by giving opinions is that your situation is very unusual. I don't remember anyone on the threads being in a position like yours before. Your questions, as you have noted in your heading, possibly involve applications for Residence for your father (and you, I think) under the Skilled Migrant Category, and what the requirements are for an employing business for that, but also potentially the Entrepreneur/Business visas. Most of the people who post on here are members of the public who are hoping to get work visas after an offer of employment, or else Residence under SMC, so they haven't come across the kind of issues you are considering.

I think, like Sun777, that you should definitely consult an immigration lawyer. Getting a visa always involves presenting yourself and your qualifications in the best way so that officials can quickly and easily see that you line up with a particular set of INZ regulations. With a complicated set-up like yours, with the different possibilities, you don't want there to be any mix-up, e.g. mentioning, in the application you decide upon, some issue that would really belong in some other kind of application you aren't choosing.

From what you have said, it's possible that either the Entrepreneur or Employee of a Relocating Business sections here http://www.immigration.govt.nz/migrant/stream/invest/ MAY help your friends who are intending to set up the business and your father, also your own family business if you decided to go it alone. Here http://www.immigration.govt.nz/opsmanual/6362.htm is the section of the operational manual, with the detailed regulations that cover these categories.

Here http://www.immigration.govt.nz/opsmanual/30550.htm are the regulations for an employer offering a job to someone applying under SMC.

[Gunkub]

Thanks for the reply. Yeah I'll surely note that down

I'm open to any lawyer who have dealt with case like this before. Please PM me, thanks