Australia Business Migration: FAQ

What is the Business Skills category?

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.

How can I migrate to Australia as a businessperson?

Initially, you must apply for a Business Skills (Provisional) visa, which will be granted for a period of four years.

The Business Skills (Provisional) visa category also provides for State/Territory government sponsorship for each visa, to enable States and Territories of Australia to have more influence over the number and skill levels of business migrants they are seeking to attract.

If an applicant has sponsorship from a State or Territory government and applies under the State/Territory Sponsored Business Owner, State/Territory Sponsored Senior Executive or State/Territory Sponsored Investor visas, they are considered against lower level criteria.

State and Territory governments have their own criteria for deciding whom they will sponsor. To find out about sponsorship requirements contact State/Territory business development agencies.

You can apply outside Australia or in Australia, but you must lodge your application at one of the three Business Skills processing centers in either Hong Kong, Taipei or Perth, depending on where you usually live.

These are specialized processing centers for applications in the Business Skills visa categories. As well as processing applications, these centers are able to handle initial inquiries and progress inquiries about your case after it is lodged.

After you have been granted a visa in the Business Skills (Provisional) category, you are expected to either establish or buy into a business in Australia or maintain a designated investment for four years.

After you have successfully operated a business for two years or maintained your designated investment for four years, you will be eligible to apply for a permanent Business Skills (Residence) visa. You must apply for this in Australia.

A direct permanent residence visa, that is, a migrant visa, will still be available for high-caliber business migrants sponsored by State/Territory governments. It is known as the Business Talent (Migrant) visa.

Who is eligible under the Business Skills categories?

Provisional visas

• Business Owner (Provisional) (subclass 160/163) 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.
  
• Senior Executive (Provisional) (subclass 161/164) 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.
  
• Investor (Provisional) (subclass 162/165) – for investors/business people who have an overall successful record of business or investment activities, have significant net assets, are willing to invest funds in a designated investment in Australia for three years and have a genuine commitment to maintain business and investment activity in Australia. A State/Territory government may sponsor this category, with lower level criteria applying.
  
  

Migrant visas

• Business Talent (Migrant) (subclass 132) is for high-caliber business people who are owners or part owners of an overseas business and have an overall successful business career, 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 must sponsor this category.
  
  

Residence visas

• Business Owner (Residence) is for persons who hold a Business Skills (Provisional) and have had an ownership interest in a business in Australia for at least 2 years with significant personal and business assets, turnover as well as a minimum number of employees. Applicants must have been in Australia for at least one year in the two years immediately before applying. A State/Territory government may sponsor this category, with lower level criteria applying. There is also provision for 457 Independent Executive visa holders in Australia to apply for the State/Territory Sponsored Business Owner.
  
• Investor (Residence) – for persons who have held an Investor Provisional) visa and a Designated Investment for the minimum 4 years and who have lived in Australia for at least 2 years in the four years immediately before the application is made. A State/Territory government may sponsor this category.
  
  

Will I need to pass a points test?

No. For the new Business Skills visas introduced on 1 March 2003, there is no points test.

Is there an age limit?

If you are applying for one of the Business Skills (Provisional) unsponsored 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.

Will I need to have a medical examination?

Yes. 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.

How long is the visa valid for?

A Business Talent (Migrant) and the Business Skills (Residence) visas are permanent visas allowing permanent stay in Australia with a resident return facility valid for five years from date of grant.

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.

Will I need to attend an interview? Where will I be interviewed if my application is being processed in another country?

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.