Business Migration

The Business Skills visa class of Australia's migration program encourages successful business people to settle permanently in Australia and develop new or existing businesses.
 
Business owners, senior executives and investors can apply for a visa under the Business Skills category. Under the two-stage arrangements introduced on 1 March 2003, business migrants are granted a Business Skills (Provisional) visa for four years and, after establishing the requisite level of business or maintaining their eligible investment, are eligible to make an application for a Business Skills (Residence) visa.
 
The current Business Skills program is divided into four categories:
·        business owner: for owners or part-owners of a business;
·        senior executive: for senior executive employees of major businesses;
·        Investor: for investors/business people willing to invest in Australia;
·        Business talent: for high-calibre business people who must have sponsorship from a State/Territory government. It is only exception and could be granted a direct permanent residence visa.
 
In addition, the Business Skills program also has two categories for persons who are in Australia on temporary visas, other than the Business Skills (Provisional) visas:
·         established business in Australia (EBA): for people temporarily in Australia who are owners or part owners of a business; and
·        regional established business in Australia (REBA): for people temporarily in Australia who are owners or part owners of a business in a designated area of Australia.
 

Business Skills Sponsorship:-
 
If an Australian State or Territory government business agency wants to encourage a particular business or business person to Australia, it can offer to sponsor the applicant. You may obtain sponsorship in the Business Owner, Senior Executive and Investment categories. You must obtain sponsorship in the Business Talent and Regional Established Business in Australia (REBA) categories.
 
If the applicant obtains State or Territory government sponsorship, they are entitled to be considered against a lower threshold criteria. State and Territory governments have their own criteria for deciding whom they will sponsor.
 

Criteria for Subclass 160 (permanent visa 892) & 163 (permanent visa 892) Visa Applications

 

Under the two-stage arrangements introduced on 1 March 2003, business migrants are granted a Business Skills (Provisional) visa for four years and, after establishing the requisite level of business or maintaining their eligible investment, are eligible to make an application for a Business Skills (Residence) visa.

 
A direct permanent residence category will still be available for high-calibre business migrants sponsored by State/Territory governments. This is known as the Business Talent visa.
Providing you have successfully operated a business in Australia for at least two years and you continue to hold a valid Business Skills (Provisional) visa, you will be eligible to apply for a permanent Business Owner (Residence) visa (permanent residence). You must apply in Australia.
 
To make an application for the Business Owner (Provisional) visa, business owners will need to show that they:
If unsponsored

have an overall successful business career;
have an ownership interest of at least 10% in a business;
have significant net assets in business;
have significant business and personal assets;
have sufficient net assets to settle in Australia;
have achieved a significant annual turnover in your business;
have direct and continuous management role in overseas business;
have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business;
have no history of unacceptable business activities;
be less than 45 years old; and
have vocational English.

If sponsored

If an applicant has sponsorship from a State or Territory government and applies under the State/Territory Sponsored Business Owner (Provisional) or (Residence) visa, they are considered against lower threshold criteria. State and Territory governments have their own criteria for deciding whom they will sponsor. There are many work to do to apply for a sponsorship.
be sponsored by a state or territory government;
have an overall successful business career;
have significant business and personal assets;
have achieved a significant annual turnover in your business or have continuous employment record at senior level for at least 4 years;
have sufficient net assets to settle in Australia;
have direct and continuous management role in overseas business;
have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business;
have no history of unacceptable business activities; and
be less than 55 years old unless exceptional circumstances exist.
 

To make an application for the Business Owner (Residence) visa, business owners will need to show that they:
If unsponsored

hold any of the Business Skills (Provisional) visas;
have an ownership interest in one or more actively operating main business(es) for at least 2 years;
be involved in strategic management of the business(es);
employ at least 2 Australian citizen or permanent resident employees who are not family members;
have substantial business and personal assets;
have substantial net assets in business;
have achieved a significant annual turnover in your business;
have no history of unacceptable business activities; and
have been in Australia as the holder of a qualifying visa for at least 1 year in the last 2 years.
If sponsored

be sponsored by a state or territory government;
hold any of the Business Skills (Provisional) visas or a Temporary Business (Long Stay) Independent Executive visa;
have an ownership interest in one or more actively operating main business(es) for at least 2 years;
be involved in strategic management of the business;
have substantial net assets in business or have substantial net business and personal assets or employ at least 1 Australian citizen or permanent resident; employee who is not a family member (you must 2 out of these 3 points unless you are able to provide waiver from sponsoring state/territory);
have achieved a significant annual turnover in your business;
have no history of unacceptable business activities; and
have been in Australia as the holder of a qualifying visa for at least 1 year in the last 2 years.
 

Criteria for other Subclasses, for instance, 161, 162, 164 and 165 and relevant permanent visa applications adopt similar standard to the above. Please consult our professional staff for advice.