Business Immigration

The business skills category is designed to attract applicants to Australia who have the skills to enhance the Australian economy - by developing links with international markets; facilitating the creation or maintenance of employment in Australia; exporting Australian goods and services; manufacturing goods or providing services in Australia which would otherwise need to be imported; introducing new technology; and by increasing commercial activity and competitiveness.

Those who apply for - and are granted business visas will follow a two step process - except applicants for the Subclass 132 Business Talent visa who, once approved, will be granted Permanent Residence.

The types of business people who would normally be eligible for a Business skills visa include:

- Successful business people who own or part own a business or businesses.

- Senior executives of major businesses who can utilise their skills to establish or be Involved in a business activity in Australia; successful business people or investors who would prefer to invest substantial sums into Government backed funds for a fixed period of four years.

- Certain business people who have established successful businesses while in
Australia and as the holders of qualifying visas.

Apart from the Business Talent visa holders who obtain an automatic grant of Permanent Residence other business skilled applicants initially enter Australia on a Business skills (provisional) Temporary visa valid for four years, and assuming they then engage in business activities in Australia to a level specified as satisfactory by the Government, they may then apply for Permanent Residence.

There are a number of different provisional visas available, each of which has their own specific criteria, and it is therefore important that prospective clients seek proper advice before making an application as it is imperative that the correct visa be applied for. As a minimum, successful business people must be able to demonstrate:

- An overall successful business career.

- For at least two out of the four financial years immediately before making the application they have had an ownership interest in a main business or businesses that had an annual turnover of at least $300,000 or, have a sound continuous employment record in a senior management role in a qualifying business for at least four years immediately before applying and demonstrate a high level of management skill.

- Have business and personal assets (owned personally, or by their spouse, or together with their spouse) with a net value of at least $250,000 that is available for the conduct or establishment of the business in Australia and that are lawfully acquired, and that are able to be transferred to Australia within two years after the grant of the visa.

- Have business and personal assets (owned personally, or by their spouse, or together with their spouse) - in addition to those mentioned above that are sufficient to allow them to settle in Australia.

- Be less than 55, unless a sponsoring State or Territory has decided that the proposed business is of exceptional economic benefit to that State or Territory.

- If for at least two out of the last four fiscal years was engaged in a business that provided professional, technical or trade services, the applicant must have been engaged in the management of that business (as distinct from providing services) for at least half of their time).

- Not personally, nor their spouse, have a history of involvement in business activities which are not acceptable in Australia.

- Have a genuine and realistic commitment to:
    - establish a qualifying business in Australia, or
    - actively participate in an already established qualifying Australian business,
    - maintain a substantial ownership interest in that business, and
    - maintain a direct and continuous involvement in the management of the
    business and in day to day decision making effecting the overall direction and
    performance of the business in a manner that benefits the Australian economy.

- Demonstrate that there is a need to be temporarily in Australia to conduct or
establish the proposed business activity.

- Sign a declaration of their understanding of the obligations of holding a
State/Territory Sponsored Business Owner visa.

- Pay the English Language Education Charge if necessary.

- Meet health, character, public interest and special return criteria.

- If the application includes a family member under 18, meet the public interest criteria for children.

As stated above, there a number of provisional visa categories available, and the above information is provided only to serve as a guide as to what prospective applicants need to consider before making an application.

So far as Business Talent visa applicants are concerned, it is the intention that these applicants will be high calibre business people who can demonstrate an overall successful business career.

One of the requirements of the Business Talent visa class is that the applicant needs to be sponsored by a State or Territory Government. Clearly, because the State/Territory Government is the “first port of call?in order to obtain the sponsorship, the issue of whether or not the applicant has a successful career should have already been comprehensively dealt with by the time the application is lodged.

Other criteria for the Business Talent visa are:

- For at least two of the four fiscal years immediately prior to the application being
lodged, the applicant had net assets in a qualifying business in which the applicant had an ownership interest of at least AUD $400,000.

- For at least two of the four fiscal years immediately before the application is lodged, the applicant’s main business or main businesses together had an annual turnover of at least AUD $3,000,000.

- The applicants business and personal assets have a net value of at least AUD $1,500,000.

- The applicant is aged less than 55 or is proposing to establish or participate in a business that the sponsoring State or Territory has determined is of exceptional economic benefit.

- Neither the applicant nor spouse has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.

- The applicant has a realistic commitment to establish or participate in a qualifying business in Australia and maintain a substantial ownership and a direct and continuous involvement in the management of that business.

- The applicant must sign a declaration acknowledging their obligations as the owner of a Business Talent visa. In this regard, it should be noted that the Department of Immigration will monitor the performance of Business Talent visa holders and if they do not engage in a business activity in Australia, they are liable to have their visa cancelled.

Nevett Ford is a law firm that specialises in immigration law. We assist business people with the process of successfully applying for Business skills visas. Our team, led by David Stratton, has an extensive experience practising in immigration law and providing sound outcomes for clients.