Business Skills Migration
If you are a successful business person, investor or senior executive, you may be eligible to apply for residence status under the provisions of a business based visa.
The following options are available for eligible applicants:
Temporary Residence - Business Skills (Provisional) visas
Temporary residence visas (known as "Provisional" visas) allow the holder to reside and participate in business in Australia as a shareholder.
These visas, which are an off-shore application, are valid for four years during which time an application for the grant of permanent residence can be made based on ownership interest in a business, participation in its management and ownership of net assets in Australia.
- Business Owner (Provisional)(subclass 160/163)
- Senior Executive (Provisional)(subclass 161/164)
- Investor (Provisional) (subclass 162/165)
Please note that there is no age limit applying to these visa classes however it is a legislative requirement that an prospective applicant for the grant of a Provisional visa subclass 162, 163, 164 & 164 obtain sponsorship from an Australian state or territory government prior to lodgement of the visa application with the Department of Immigration and Citizenship (DIAC).
A state or territory government (and later a DIAC officer when assessing the visa application) must be satisfied that an applicant's proposed business activity will provide economic benefit to that region; applicants aged 55 years and over must demonstrate that they will deliver exceptional economic benefit to the region.
Dependent family members may also be included in the application. Children are able to attend school or tertiary institutions without the need for a Student visa but fees at international student level may apply. A spouse may take full time paid employment without the need to obtain prior approval from the government.
It is not possible to extend a Provisional visa.
Most people who seek a Provisional visa do so as a first step towards the grant of permanent residence.
Permanent Residence - Business Skills
Those holding a Provisional visa are eligible to apply for the grant of permanent residence under one of the following:
- Business Owner (Residence) (subclass 890/892)
- Investor (Residence) (subclass 891/893)
- Established Business in Australia (subclass 845)
All of the above permanent residence visa subcategories are "on shore" applications meaning that the applicant (and family) can remain in Australia during processing of the application.
Applications for permanent residence under subclass 892 require the applicant to have state or territory sponsorship confirmed before lodging the visa application with DIAC.
- Business Talent (Migrant) visa
The Business Talent (Migrant) (subclass 132) visa is the only visa subclass under business migration that takes the applicant directly through to permanent residence status. Accordingly, core selection requirements are higher than other visa subclasses within the business migration suite.
State or territory sponsorship is required to be in place before the visa application is lodged with DIAC and it is usual for state or territory authorities to require a higher level of financial commitment to business entry for sponsorship purposes.
Business migrants who are granted permanent residence under the Business Talent visa subclass must meet obligations for business in Australia and are subject to reporting requirements to DIAC.
