Business Skills Migration
The Business Skills visa class of Australia's Migration Program encourages successful business people to settle in Australia and use their proven business attributes to develop business activity in Australia.
Successive governments have re-affirmed a commitment to selecting high quality business migrants, in recognition of the benefits they contribute to Australia's increasingly global economy. They bring with them knowledge of overseas markets, business networks, cultural practices and languages other than English, as well as their specific business skills and experience.
Business migrants benefit Australia by:
• developing international markets
• transferring capital and making investments
• creating or maintaining employment
• exporting Australian goods and services
• introducing new or improved technology
• substituting Australian-made products for goods that would otherwise be imported, and
• adding to commercial activity and competitiveness within sectors of the Australian economy.
The majority of Business Skills migrants enter Australia initially on a Business Skills (Provisional) temporary visa valid 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.
Business Skills arrangements continue to provide for the entry of business owners, senior executives and investors.
There is also provision for high calibre 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.
Australia is actively encouraging Business Skills entrants to set up businesses in regional, rural or low growth areas of Australia.
To assist this objective, State/Territory government sponsorship is available for each visa category. Lower level criteria apply to applicants who have obtained State/Territory sponsorship.
The sponsorship arrangements provide State and Territory governments with a mechanism to attract business migrants in accordance with their regional development plans and to assist business entrants whom they believe will bring benefit to their jurisdiction.
The Business Skills Visa categories
(i) Business Talent (Migrant)(subclass 132) is for high calibre 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. This category must be sponsored by a State/Territory Government.
(ii) Business Skills (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. This category may be sponsored by a State/Territory Government, 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. This category may be sponsored by a State/Territory Government, with lower level criteria applying.
• Investor (Provisional) (subclass 162/165) is 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 four years and have a genuine commitment to maintain business and investment activity in Australia. This category may be sponsored by a State/Territory Government, with lower level criteria applying.
(iii) Business Skills (Residence) Visas
The Business Skills (Residence) category of visa is the second stage of Business Skills entry providing for permanent stay in Australia with a resident return facility valid for five years from the date of grant.
• Business Owner (Residence) (subclass 890/892) is for persons who hold a Business Skills (Provisional) visa 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. This category may be sponsored by a State/Territory Government, 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 (Residence) visa.
• Investor (Residence) (subclass 891/893) is for persons who have held a 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. This category may be sponsored by a State/Territory Government.
Temporary Business (Long Stay) (Independent Executive) (457IE) visa holders are still be able to apply for permanent residence in the:
• Established Business in Australia (EBA) category, or
• the Regional Establish Business in Australia (REBA) category if sponsored by an appropriate regional authority, or
• the State/Territory Sponsored Business Owner (Residence) category if sponsored by a state/territory government.
After arrival - obligations of Business Skills visa holders
Business Talent visa holders must provide DIAC in Australia with a contact address within 6 months of their initial arrival.
Their progress is monitored after arrival and they will be sent a letter requesting details of their business activity 24 months after their initial arrival in Australia.
Where a Business Talent visa holder has not made a genuine effort to obtain a substantial ownership interest in an eligible business, within three years of arrival, they may be liable for visa cancellation under the Migration Act 1958.
Business Skills (Provisional) visa holders are also be required to provided a contact address within 6 months of initial arrival and are requested to provide details of their business activity 24 months after initial arrival in Australia. This will provide useful feedback on a visa holder's progress towards meeting permanent residence requirements.
Business Skills (Provisional) visa holders are required to obtain an ownership interest in a business in Australia or maintain their investment in Australia for four years. If this requirement is not met they may not be eligible to apply for a Business Skills (Residence) visa and may have to leave Australia.
