Business Skills Migrant Visas

1.    Australia’s Business Skills Migrant Program encourages successful business people to settle in Australia and use their proven business attributes to develop business activity in Australia. Business migrants are particularly welcomed if an applicant is capable of or have a strong business background of: -

* 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.

2.    Since 1 March 2003, the majority of all Business Skills migrants enter Australia initially on a provisional (temporary) visa for four years and, after satisfactory evidence of a specified level of business or investment activity may apply for permanent residence. These arrangements continue to provide for the entry of business owners, senior executives and investors.

3.    Upon arrival in Australia and after establishing the requisite level of business for a minimum period of 2 years or maintaining his/her designated investment for 4 years whichever the case maybe, the migrant is then eligible to make an application for the Business Skills (Permanent Residence) visa comprising of 4 categories. The Business Skills visa stream seeks to attract migrants with a successful business or investment or senior executive background who will use their skills and experience to set up business ventures either by themselves or in partnership with others, thus benefiting Australia.

Designated investment means an investment in a security issued by an Australian State or Territory government authority, which is specified by the Minister of Immigration by gazette Notice for the purposes of the investor subclass visas holders.

4.    The Business Skills Migration program is divided into the sponsored and unsponsored classes and is divided into four categories: -

* Business Talent – for high-calibre business people who have sponsorship from a state or territory government;
* Business Owner – for owners or part-owners of a business;
* Senior Executive – for senior executives of a major business;
* Investment – for investors/business people willing to invest in Australia.

In addition to the above categories of Business Skills Migration program there is also the Employer Nomination Scheme (ENS) Migration program for applicants to apply for permanent residence in Australia directly from their home country or for those applicants who have worked in Australia for a minimum period of two years for their sponsoring employers.

Sponsorship by a state or territory in which the applicant wishes to settle in will depend on the state or territory offering the sponsorship. Whilst all states and territory have their common criteria, an individual state and territory may have its own criteria or pre-requisites for sponsorship. It must be emphasised that the applicant’s intended business or business background must be such that the sponsoring state or territory determines to be of benefit to the state or territory.

BUSINESS SKILLS UNSPONSORED PROGRAM

5.    Common Criteria for Unsponsored Categories. If the applicant is applying for the subclass 160, 161 and 162 visas mentioned below that do not require any sponsorship by the state or territory government he/she must have the following common criteria: -

* Vocational English;
* Age – less than 45 years;
* Commitment to business/investment in Australia;
* Justifiable need to be temporarily resident in Australia;
* Pass health and character checks;
* No adverse business history.

Vocational English means you have a reasonable command of the English language, coping with overall meaning in most situations and able to communicate effectively in you own field of employment. An IELTS (International English Language Testing System) score of at least 5 on each of the 4 components of the test – speaking, reading, writing and listening would be required.

6.    Business Owner Subclass 160. To apply for this subclass visa, in addition to the above common criteria and an overall successful business career, the applicant must also have the following business attributes for 2 years out of the last 4 years immediately before the lodgment of the application: -

* Net assets in qualifying business or businesses of at least $200,000;
* Minimum 10% ownership interest in business;
* Annual turnover of at least $500,000;
* Business & personal assets of at least $500,000.

Qualifying Business means an enterprise that is operated for the purpose of making profit through the provision of goods, services, or goods and services (other than the provision of rental property) to the public, and not operated primarily or substantially for the purpose of speculative or passive investment.

7.   Senior Executive Subclass 161. To apply for this subclass visa, in addition to the above common criteria the applicant must also have in 2 out of the last 4 years the following business attributes immediately before the lodgment of the application:-

* Had held a position in the 3 highest levels of management in a major non-government or state owned business with $50 million annual turnover;
* Responsible for strategic policy development in the business;
* Personal and business assets of at least $500,000.

8.    Investor Subclass 162. To apply for this subclass visa, in addition to the above common criteria the applicant must also have the following business attributes immediately before the lodgment of the application:-

* Overall successful investment or business activity;
* At least 3 years direct management of 1 or more qualifying businesses or eligible investments;
* Ownership interest of at least 10% of the qualifying business, or net value of managed investments of at least $1.5 million for 1 year;
* Personal and business assets of at least $2.25 million.

Eligible Investments means any investment asset owned "for the purpose of generating a return by way of income or through capital appreciation." Returns may take the form of profits, interest, royalties, dividends, rent, as well as capital appreciation. Assets held for personal use such as the family home are excluded.

BUSINESS SKILLS SPONSORED PROGRAM

9.    BUSINESS TALENT (SPONSORED) – SUBCLASS 132.  To apply for this visa the applicant must have the following pre-requisites immediately before the lodgment of the application: -

* An overall successful business career;
* Assets in business of at least $400,000 in 2 out of the last 4 fiscal years;
* Ownership interest of at least 10% in the business;
* Annual turnover of at least $3 million in 2 out of the last 4 fiscal years;
* Genuine and realistic commitment to engage in business in Australia;
* Sponsorship by a state or territory government;
* No adverse business history;
* Personal and business assets of at least $1.5 million;
* Age less than 55 years or (exceptional economic waiver by the state or territory government.

If granted this category of visa the successful applicant is granted permanent residence upon approval of his/her application but will be required to be involved in business in Australia and be subject to monitoring by the Department of Immigration & Multicultural & Indigenous Affairs for a further period of three years after arrival in Australia.

10.    Common Criteria for State or Territory Sponsored Categories. Except for the Business Talent (Sponsored) Subclass 132 applicant all other applicants for state or territory sponsorship for the subclass 163, 164 or 165 visas mentioned below must meet the following pre-requisites: -

* Sponsorship by a state or territory;
* No English language ability requirement;
* Age – above 45 years of age but less than 55 years with waiver if exceptional economic benefit to sponsoring state or territory;
* Commitment to business/investment in Australia;
* Justifiable need to be temporarily resident in Australia;
* Pass health and character checks;
* No adverse business history.

11.    State or Territory Sponsored Business Owner Subclass 163. To apply for this subclass visa, in addition to the above common criteria the applicant must have an overall successful business career and also have the following business attributes for 2 out of the last 4 years immediately before the lodgment of the application:-

* Ownership in main business must have annual turnover of at least $300,000 or sound continuous employment of 4 years in a senior management role where the business turnover is at least $1 million per annum;
* Business & personal assets of at least $250,000.

If the business is of a professional, technical or trade nature, no more that 50% of the applicant’s time were taken up in providing the services to customers. In other words at least 50% of the applicant’s time must be taken up in the management of his or her business. In addition the applicant’s above business and personal assets of $250,000 the applicant should also have sufficient net value assets to help him or her to settle in Australia.

12.    State or Territory Sponsored Senior Executive Subclass 164. To apply for this subclass visa, in addition to the above common criteria the applicant must, in 2 out of the last 4 years before application, also have the following business attributes immediately before the lodgment of the application:-

* Have held a position in the 3 highest levels of management in a (non-government or state owned) major business with $10 million annual turnover;
* Responsible for strategic policy development in the business;
* Personal and business assets of at least $250,000.

In addition the applicant’s above business and personal assets of $250,000 the applicant should also have sufficient net value assets to help him or her to settle in Australia.

13.    State or Territory Sponsored Investor Subclass 165. To apply for this Subclass visa, in addition to the above common criteria the applicant must also have the following business attributes immediately before the lodgment of the application:-

* Overall successful investment or business activity;
* At least 3 years direct management of 1 or more qualifying businesses or eligible investments;
* Ownership interest of at least 10% in the qualifying business, or net value of managed investments of at least $750,000 for 1 year;
* Personal and business assets of at least $1.125 million.

BUSINESS SKILLS (SPONSORED & UNSPONSORED) PERMANENT RESIDENCE PROGRAMS

14.    When a Business Skills Temporary Visa holder in any of the above subclasses or categories of visas has established the required level of business for a minimum period of 2 years or maintained his/her designated investment for 4 years as the case maybe, he/she is then eligible to make an application for the Business Skills (Permanent Residence) visa comprising four categories.

15.    Business Owner (Permanent Residence) Subclass 890. To apply for this subclass visa the applicant must have the following onshore business and personal attributes immediately before the application is lodged: -

* Held the ownership interest for at least 2 years;
* The applicant and/or his/her spouse has/have held net value assets in the main business or main businesses of at least $100,000 throughout the 12 months;
* Annual turnover of at least $300,000 in the 12 months;
* Employed 2 full time (or equivalent) staff throughout the 12 months;
* The applicant and/or his/her spouse has/have net business and personal assets of at least $250,000 throughout the 12 months;
* No adverse business history;
* Resident in Australia for an accumulative period of 12 months in the last 2 years.

16.    Investor (Permanent Residence) Subclass 891. To apply for this subclass visa the applicant must have the following onshore business and personal attributes immediately before the application is lodged: -

* Maintained his/her designated investment for 4 years;
* Genuine and realistic commitment to maintain business or investment activity in Australia;
* No adverse business history;
* Resident in Australia for accumulative period of 2 years in the last 4 years.

17.    State or Territory Sponsored Business Owner (Permanent Residence) Subclass 892. To apply for this subclass visa the applicant must have the following onshore business and personal attributes immediately before the application is lodged: -

* Held the ownership interest for at least 2 years;
* Held assets in the business of at least $75,000 for at least two years;
* Annual turnover of at least $200,000 for at least 12 months;
* Employed 1 full time (or equivalent) staff for at least 12 months;
* Have business and personal assets of at least $250,000;
* No adverse business history;
* Resident in Australia for accumulative period of 12 months in the last 2 years.

18.    State or Territory Sponsored Investor (Permanent Residence) Subclass 893. To apply for this subclass visa the applicant must have the following onshore business and personal attributes immediately before the application is lodged: -

* Maintained designated investment for 4 years;
* Genuine and realistic commitment to maintain business or investment activity in Australia;
* No adverse business history;
* Resident in Australia for an accumulative period of 2 years in the last 4 years.

19.    Special Provisions for Senior Executive (Provisional) Visa Holders. Holders of these visas may obtain permanent residence by applying for the Subclass 890 visas or where appropriate the Subclass 892 permanent residence visas (both described above) if they meet the criteria. Alternatively upon arrival in Australia and provided that they have worked for an Australian employer for a minimum of 2 years and are able to obtain an Australian employer company to sponsor their application, they may obtain permanent residence by applying for permanent residence under the Employer Nominated Scheme (ENS) category of visas.

20.    Employer Nomination Scheme (ENS) Visa.  New regulations came into force on 02 April 2005 in relation to the ENS Visa scheme. This scheme enables a highly skilled person to be nominated by an Australian employer for permanent residence in Australia provided that the employer is nominating him/her to fill a position that is listed in the ENS Skilled Occupations List. The annual salary to be paid to the applicant must be at least $39,100 except for ICT occupations where the minimum annual salary would be at least $50,775. The minimum salary to be paid can be waived for religious workers nominated under the ENS. No labour market testing is required. If the person is more than 45 years old or do not have at least vocational English language skills, then the employer must show that exceptional circumstances exist to justify the nomination. Exceptional circumstances include where the position is so unusual or highly specialised that the employer is unlikely or is unable to find someone who does meet the established criteria.

21.    At the time an applicant applies for the ENS visa he or she will be required to:-

* have worked full-time in the nominated occupation in Australia for at least the last two years, and have worked in the nominated position for the nominating employer for at least one year immediately prior to applying; or
* have had his or her skill formally assessed by the relevant skills assessing body in Australia and, unless exceptional circumstances apply, have three years post-training experience in the nominated occupation, or
* be nominated for a senior management position, which attracts a base salary of more than $151,500 per annum.

22.    Regional Skilled Migration Scheme (RSMS). This scheme enables employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market. Any employer can participate in the scheme provided their business and the position being filled is in an area covered under the RSMS. As at 01 March 2003 all areas of Australia are covered except Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth.

23.   Conclusion.  If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Multicultural & Indigenous Affairs. This assessment costs only AUD$150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgment fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the AUD$150.00 assessment fee paid is money well spent.

24.    Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Multicultural & Indigenous Affairs for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Immigration Consultants for an accurate assessment of your specific case.