Business Migration

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Australian Business Migration in 2003

On 1 March 2003, two-stage arrangements were introduced in Australia affecting the requirements for business skilled migrants. Under the new process, business migrants are granted a Provisional visa for four years, and if successful in establishing and maintaining the requisite level of business and investment, will be eligible to apply for a Residence visa. Further provision is made for highly successful business migrants via the Business Talent visa, which offers direct permanent residence status. Applicants with State or Territory government sponsorship are afforded consideration for their application against lower threshold criteria. This article provides a brief outline of the main classes of business visas which are available.

Business Skills Migration Program Visa Categories

1. Business Talent (Migrant)(subclass 132)

This category of visa is available for successful, high-calibre business people. Successful applicants will be granted a permanent visa and must demonstrate: sponsorship by a State or Territory government; an overall successful business career; significant net assets in a qualifying business; significant business and personal assets; the achievement of a significant annual turnover in their business; and, a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in the management of that business. Applicants must have no history of unacceptable business activities. Applicants must be less than fifty-five years of age, unless exceptional circumstances exist.

2. Business Owner (Provisional)(subclass 160/163)

Unsponsored applicants for the Business Owner (Provisional) category of visa must demonstrate: an overall successful business career; an ownership interest of at least 10% in a business; significant net assets in business; significant business and personal assets; sufficient net assets to settle in Australia; the achievement of a significant annual turnover in their business; a direct and continuous management role in overseas business; a commitment to maintain an ownership interest in a business in Australia, and direct and continuous involvement in the management of that business; and, no history of unacceptable business activities. Applicants must be less than forty-five years of age and possess vocational English.

Sponsored applicants for the provisional visa must demonstrate: sponsorship by a State or Territory government; an overall successful business career; significant business and personal assets; sufficient net assets to settle in Australia; the achievement of a significant annual turnover in their business or have continuous employment record at senior level for at least four years; a direct and continuous management role in overseas business; a commitment to maintain an ownership interest in a business in Australia, and direct and continuous involvement in the management of that business; and, no history of unacceptable business activities. Applicants must be less than fifty-five years of age unless exceptional circumstances exist.

(Residence)(subclass 890/892)

Unsponsored applicants for the category of Business Owner (Residence) visa must demonstrate: a Business Skills (Provisional) visa; an ownership interest in one or more actively operating main business(es) for at least two years; involvement in strategic management of the business(es); the employment of at least two Australian citizens being employees who are not family members; substantial business and personal assets; substantial net assets in business; the achievement of a significant annual turnover in their business; and, no history of unacceptable business activities. Applicants must have been in Australia as the holder of a qualifying visa for at least one year in the last two years.

Sponsored applicants for the category of Business Owner (Residence) visa must demonstrate: sponsorship by a State or Territory government; a Business Skills (Provisional) visa or a Temporary Business (Long Stay) Independent Executive visa; an ownership interest in one or more actively operating main business(es) for at least two years; involvement in strategic management of the business(es); substantial net assets in business or have substantial net business and personal assets or employ at least one Australian citizen or permanent resident; the achievement of a significant annual turnover in their business; and, no history of unacceptable business activities. Applicants must have been in Australia as the holder of a qualifying visa for at least one year in the last two years.

3. Senior Executive (Provisional)(subclass 161/164)

Unsponsored applicants for the Provisional category of Senior Executive visa must demonstrate: an overall successful business career; employment in one of the top 3 levels of management of a major business; significant business and personal assets; sufficient net assets to settle in Australia; a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; no history of unacceptable business activities. Applicants must be less than 45 years old possess vocational English.

Against the lower threshold criteria, sponsored applicants must demonstrate: sponsorship by a state or territory government; an overall successful business career; employment in one of the top 3 levels of management of a major business; significant business and personal assets; sufficient net assets to settle in Australia; a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business. Applicants must be less than 55 years old unless exceptional circumstances exist.

4. Investor (Provisional)(subclass 162/165)

Unsponsored applicants for the Investor (Provisional) category of visa must demonstrate: a successful record of business or investment management; willingness to make a significant investment in a government approved Designated Investment for 4 years; significant business and personal assets; sufficient net assets to settle in Australia; and, no history of unacceptable business activities. Applicants must be less than 45 years old and possess vocational English.

Sponsored applicants must demonstrate: sponsorship by a State or Territory government and an intention to live in that State or Territory for a minimum of 2 years; a successful record of business or investment management; willingness to make a significant investment in a government approved Designated Investment for 4 years; significant business and personal assets; sufficient net assets to settle in Australia; and, no history of unacceptable business activities. Applicants must be less than 55 years old, unless exceptional circumstances exist.

(Residence)(subclass 891/893)

To make an application for the Investor (Residence) category of visa, unsponsored applicants must demonstrate: an Investor (Provisional) visa; maintenance of their designated investments for the minimum 4 years. Applicants must have been in Australia as the holder of a qualifying visa for at least 2 years in the last 4 years.

Sponsored applicants must demonstrate: sponsorship by a State or Territory government; a State/Territory Sponsored Investor (Provisional) visa; maintenance of their designated investments for the minimum 4 years. Applicants must have been resident in the sponsoring state or territory as the holder of a qualifying visa for at least 2 years in the last 4 years.

Additional Information

Additional information on Business Migration visas, both specific and general, can be found at the website of the Department of Immigration & Multicultural & Indigenous Affairs. In particular, the website includes information for persons in Australia on temporary (not Provisional) visas who are owners or part owners of an established business in Australia (EBA), or in a designated regional area of Australia (REBA).

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