Business Visa for Business People

	The Australian Business Visa program encourages successful business owners, investors and senior executives to settle in Australia while developing new or existing opportunities in Australian business. Business Visa holders are initially granted a provisional visa and can apply for residency after 4 years.

There is provision for Business Skills entry for business owners, senior executives and investors.

From 1 March 2003, the majority of Business Skills entrants will enter Australia initially on a Business Skills (Provisional) temporary visa for four years and, after satisfactory evidence of a specified level of business or investment activity, may apply for permanent residence.

The pathway to permanent residence is designed to give clarity and certainty to provisional business migrants and relies upon the establishment and management of genuine business activity in Australia.

There is also provision for high-caliber business migrants under the Business Talent visa to obtain direct permanent residence if they have high-level business attributes and are sponsored by a State or Territory government.

If you are applying for one of the Business Skills (Provisional) visas (subclasses 160, 161, 162), you must be under 45 years of age at the time of your application

If you are applying for one of the State/Territory Sponsored Business Skills (Provisional) visas (subclasses 163, 164 and 165) or for the Business Talent (Migrant) (subclass 132) visa, you must be under 55 years of age at time of application.

If you are 55 or older, the sponsoring State/Territory government must determine that your proposed business activity will be of exceptional economic benefit to that State or Territory and provide a statement to this effect for you to lodge with your application.

 

Medical Examination

All applicants will need to meet the health requirement, set down in law, in order to be granted a Business Skills visa. All applicants will be required to undergo a full migrant medical examination (including HIV testing for all applicants 15 years of age or over) and all applicants who are 11 years of age and over will be required to have a chest x-ray. You will be responsible for meeting the costs of this health assessment.

A Business Skills (Provisional) visa is valid for four years. If the visa was granted in Australia, it is valid for four years from the date of grant. If the visa was granted outside Australia, the visa is valid for four years from the entry expiry date on your visa label.

Most Business Skills applicants will need to attend an interview to discuss your business history and business intentions in Australia and any other issues requiring clarification in order to fully asses that you meet the requirements set down in law for the grant of your visa.

The Business Skills Processing Center or department Business Center in Australia will contact you to arrange for you to attend an interview at a convenient location.

For further information please contact our office.

Business Owner (Provisional) (Subclass 160)

	For people who have a successful business career, and have a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia. Business Owner (Provisional) (subclass 160) is for people with a successful business career, including senior management or ownership, who have significant business assets and have a genuine and realistic commitment to participate as a principal in the management of a new or existing business.

To be eligible Business Owner (Provisional) Visa, you will need to show:

You have an overall successful business career

Your main business (and your spouse’s main business combined) has an annual turnover of at least A$500,000 which has to be demonstrated within at least 2 out of 4 years immediately before applying

At least two out of the 4 years immediately before applying, you (and your spouse together) have a net value of at least A$250,000

In addition to the above capital your business and personal assets (and your spouse's combined) have a net value of at least A$500,000 which has been lawfully obtained and is available to transfer to Australia within 2 years of obtaining this visa

You (and your spouse’s business combined) have business and personal assets in addition to the above that are of sufficient net value to settle in Australia

You (and your spouse’s business combined) have business and personal assets of at least A$250,000 which will be available to conduct or establish a business in Australia within 2 years of obtaining the State/Territory sponsored owner (Provisional) visa

You (and your spouse’s business combined) have business and personal assets in addition to the above that are of sufficient net value to settle in Australia

You are less than 45 years at the time of the application

For further information please contact our office.

State/Territory Sponsored Business Owner (Provisional) (Subclass 163)

	For people sponsored by a state or territory of Australia. Applicants must have a successful business career, and a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia. Business Owner (Provisional) (subclass 163) is for people with a successful business career, including senior management or ownership, who have significant business assets and have a genuine and realistic commitment to participate as a principal in the management of a new or existing business. A State/Territory government may sponsor this category, with lower level criteria applying.

To be eligible for the State and Territory Sponsored Business Owner (Provisional) Visa, you will need to show:

You have been sponsored by an appropriate regional authority of a State/Territory government;

You have an overall successful business career;

For at least 2 of the 4 fiscal years immediately before the application is made, you had ownership interest in a main business, or main business that had an annual turnover of at least A$300,000; or

You have had sound continuous business employment record in a senior management role in a qualifying business for at least 4 years immediately before the application is made and have demonstrated a high level of management skill as a senior manager. You would have operational and active management responsibilities, have management responsibility over other managers and would usually report directly to the general manager of the corporation. It is expected that the type of businesses which would be able to support such a management structure would usually be businesses with an annual turnover of at least A$1million;

You, or you and your spouse combined, have business and personal assets with a net value worth of at least $A250,000 which are available for the conduct or establishment of a business in Australia and are lawfully acquired and available for transfer to Australia within 2 years of the grant of the visa;

You, or you and your spouse combined, have business and personal assets, in addition to the assets mentioned above, that are of a sufficient net value to settle in Australia;

You are aged less than 55 years at time of application, or you are proposing to establish or participate in a business that your sponsoring State/Territory has determined is of exceptional economic benefit to the State/Territory;

You have not been engaged in a business where the provision of professional, technical or trade services has taken up more than 50% of your time;

Neither you or your spouse have a history of involvement in a business or investment activities of a nature not generally acceptable in Australia;

You have a realistic commitment to establish or participate in a qualifying business in Australia and maintain a substantial ownership and direct and continuous involvement in the management of that business;

You have demonstrated there is a need to be temporarily in Australia to conduct or establish the proposed business activity; and

You have signed a declaration that you understand your obligations as the holder of a State/Territory Sponsored Business Owner (Provisional) Visa.

For further information please contact our office.

Senior Executives (Provisional) (Subclass 161)

	For senior executive employees of a major overseas business, who have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia. Senior Executive (Provisional) (subclass 161) is for senior executive employees of major overseas businesses who have been responsible for strategic policy development affecting a major component or a wide range of operations of that business, who have significant net assets and a genuine and realistic commitment to participate as a principal in the management of a new or existing business.

To be eligible forthe Senior Executives (Provisional)Visa, you will need to show:

You have an overall successful business career

You have maintained an outstanding senior manager business employment record for at least 2 out of the past years immediately before applying. You would have management responsibility within a major business over other managers and you would be responsible for strategic policy development affecting a major component or a wide range of operations of that major business. It is expected that a business with such a management structure would usually have the ability to produce an annual turnover of at least (AD)$10,000,000.

In addition to the above your business and personal assets (and your spouse's combined) have a net value of at least A$500,000 which has been lawfully obtained and is available to transfer to Australia within 2 years of obtaining this visa

You (and your spouse’s business combined) have business and personal assets in addition to the above that are of sufficient net value to settle in Australia

You are less than 45 years of age at the time of the application

You have at least vocational English

There is a need for you to be temporarily in Australia to conduct or establish the proposed business activity

For further information please contact our office.

State/Territory Sponsored Senior Executive (Provisional) (Subclass 164)

	For senior executive employees of a major overseas business, sponsored by a state or territory of Australia, who have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia. Senior Executive (Provisional) (subclass 164) is for senior executive employees of major overseas businesses who have been responsible for strategic policy development affecting a major component or a wide range of operations of that business, who have significant net assets and a genuine and realistic commitment to participate as a principal in the management of a new or existing business. A State/Territory government may sponsor this category, with lower level criteria applying.

To be eligible for the State/Territory Sponsored Senior Executive (Provisional) Visa, you will need to fulfill the following requirements:

You have been sponsored by an appropriate regional authority of a State/Territory government;

Had an overall successful business career;

For at least 2 of the last 4 fiscal years immediately before application is made, you have occupied a position in the 3 highest levels of the management structure of a major business in which you were responsible for strategic policy development affecting a major component or wide range of operations of that major business;

Your business and personal assets (including your spouse's) have a net value of at least A$250,000 which are available for the conduct or establishment of a business in Australia and are lawfully acquired and available for transfer to Australia within 2 years of the grant of your visa;

You are aged less than 55 at time of application or you have proposed to establish or participate in a business that the State/Territory has determined is of exceptional economic benefit to the State/Territory;

Neither you or your spouse have a history of involvement in a business or investment activities of a nature not generally acceptable in Australia;

You have a genuine and realistic commitment to establish or participate actively in a qualifying business in Australia and to maintain and hold a substantial ownership level; and

You have demonstrated there is a need to be temporarily in Australia to conduct or establish the proposed business activity.

For further information please contact our office.

Skilled Temporary Business (Long Stay) - 457 Visa

	This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. There are also special arrangements for employers in regional areas across Australia. If a candidate's application is successful, they will be granted temporary residence in Australia, and have multiple entry to and from Australia for the duration of your visa, without any restrictions. Sponsored employees may stay in Australia for the length of the visa validity period – the visa does not expire when the sponsorship expires, and candidates can keep applying for any permanent visa class while you are on a 457 Visa

To apply for this category you must:

Be sponsored by an employer to fill a nominated position

Have skills, qualifications, experience and an employment background which match those required for the position

Be eligible for any relevant licenses or registration required for the nominated position

Demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa.

Process

For a subclass 457 visa (skilled temporary overseas workers) application there are three steps involved when a person from overseas to work in Australia.

The three stages involved are:

Stage 1 - Lodging an employer sponsorship application where the employer must be approved as a sponsor.

The employer needs to show the following:

Company is lawfully and actively an operating business;

Company will be the direct employer;

Company has a sound business record and abides by immigration laws;

Company can show the employment will bring economic benefit to Australia;

Company will advance employee's skills with training.

 

Stage 2 - Lodging a business nomination (lodged by the employer) that describes the position to be fulfilled.

The employer needs to show the following:

Company is an approved business sponsor;

The position relates to an occupation which meets a minimum skill set;

The position is to be paid at or above the minimum salary level.

 

Stage 3 - Lodging a visa application.

The employer needs to show the following:

Company has an approved and current business sponsorship;

Company has the nominated position approved.

The employee needs to show the following:

o Employee has the required skills for the position;

Employee is qualified for the position.

In order for Stage 3 of the 457 Visa process to be successful, Stages 1 and 2 must be approved by DIAC.