Business Migration Visa Requirements

Business Visa Requirements - Business Owner (Provisional) (Subclass 160 and 163)

The Business Owner Visas is designed for successful business owners with a legitimate interest in establishing and managing a business in Australia. The requirements of the Business Owner Visa are:

• For two of the past four fiscal years, the applicant must have an actively operating business(es) (ie, not for passive or speculative purposes) in an overseas country.
• Must have actively participated in the management of that business.
• Over the same period, the applicant’s main business/s must have had an annual turnover of at least AUD$500,000.
• For two of the past four years, the applicant, applicant’s spouse or both must hold:
  • ownership interest of at least AUD$200,000 in the business/s, or at least a 10% share in the business if publicly listed company AND
  • have net business and personal assets of at least AUD$500 000; which must be lawfully acquired and available for transfer to Australia within 2 years after the grant of the visa.

Sponsorship – under the Business Owner Visa it is possible to obtain sponsorship from a State or Territory Government to encourage successful business people to settle in Australia and set up a business. If you are successful in securing sponsorship, your visa application will be considered against a lower business turnover threshold. Each State and Territory Government has different criteria for deciding whom they will sponsor.

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Business Visa Requirements - Senior Executive (Provisional) (Subclass 161 and 164)

Senior Executives with experience in the top three levels of management within a major business may be eligible for a Senior Executive Visa. The requirements of the Senior Executive Visa are:

• In all cases, the applicant must have significant business and personal assets; sufficient net assets to settle in Australia; and a commitment to maintain an ownership interest in a business in Australia, or direct and continuous involvement in management of that business.
• Applicants must have an overall successful business career and no record of unacceptable business activity.
• The requirements for applicants with state / territory sponsorship are less stringent.
• Without sponsorship, applicants must be younger than 45 years old; and have vocational English.
• With Sponsorship, applicants don’t need English (although they will be required to pay tuition fees for English classes), and can be up to 55 years old – although the relevant state / territory authorities can waive this requirement if exceptional circumstances exist.

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Business Visa Requirements - Investor (Provisional) (Subclass 162 and 165)

If you have a successful career in business or investment management and a significant amount of capital to invest, then you may be eligible for an investor visa. The requirements of the Investor Visa are:

• Those wishing to apply through the federal program must now make a designated investment of $1.5 million, while applicants for the State/Territory schemes must invest $750,000.
• The applicant must be able to document a successful business career, or record of eligible investment or business activity in acceptable activities (ie, not illegal or unethical practices) and must have at least 3 years experience in direct management in business(es) or eligible investment.
• For one of the past five fiscal years, the applicant must have had direct involvement in managing a business(es) in which the applicant has a 10% ownership stake. Alternatively, the applicant may have had direct involvement in managing eligible investments amounting to at least $1,500,000.
• An eligible investment must be owned by the person for the purpose of producing a return by way of income or capital gain and is not held for personal use. This could include:
  • An ownership interest in a business
  • A loan to a business
  • Cash on deposit
  • Stocks and bonds
  • Real estate
  • Gold or silver bullion.

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Business Visa Requirements - Established Business Owner (Subclass 845)

This visa is designed for Temporary Visa holders who already have established a successful business in Australia and wish to apply to remain permanently on business skill grounds. The requirements of the Established Business Owner Visa are:

• The applicant, the applicant's spouse, or the applicant and his or her spouse together:
  • Must have net business and personal assets of at least AUD$250,000.
  • Are lawfully acquired and available for transfer to Australia within 2 years after the grant of the visa.
  • Have been physically present in Australia on a temporary substantive visa for at least 9 months cumulatively in the last 12 months.
  • Have assets of at least AUD$100,000 in a business in Australia for throughout the past 12 months
  • Has a business that has a turnover of at least AUD$200,000 or exports of at least AUD$100,000 in the last 12 months.
  • Have had at least 3 full-time Australian employees (non family members) or part-time pro-rata equivalent throughout the last 12 months.
  • Have been directly involved in the day to day operation and overall management direction of a business throughout the last 12 months.

In addition, applicants must pass a points test, which assesses applicants based on:

• Age
• Language ability
• Business attributes
• Net assets

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