Business Migration

This information is about migrating to Australia as a business person. Please note: on 1 March 2003, there were major changes to business skills entry whereby business migrants:

will be granted a Business Skills (Provisional) visa, valid for four years; and, after establishing the requisite level of business activity or maintaining their investment, they will be eligible to make an application for permanent residence.

Also:

• If you want to visit Australia for business reasons, please go to the business visitor page.
• If you are the holder of a Temporary Business Long Stay (Independent Executive) Subclass 457 visa and wish to apply for a further a Temporary Business Long Stay (Independent Executive) Subclass 457 in Australia, please see the Further Application Onshore reference on the Independent Executive page.

Business Skills migration information

This information is in three parts:

Summary of migration requirements

The Business Skills visa class of Australia's migration program encourages successful business people to settle permanently in Australia and develop new or existing businesses.

Business owners, senior executives and investors can apply for a visa under the Business Skills category at one of the three Business Skills Processing Centres.

Under the two-stage arrangements introduced on 1 March 2003, business migrants are granted a Business Skills (Provisional) visa for four years and, after establishing the requisite level of business or maintaining their eligible investment, are eligible to make an application for a Business Skills (Residence) visa.

A direct permanent residence category will still be available for high-calibre business migrants sponsored by State/Territory governments. This is known as the Business Talent visa.

The Business Skills program is divided into four categories:

In addition, the Business Skills program also has two categories for persons who are in Australia on temporary visas, other than the Business Skills (Provisional) visas:

• established business in Australia (EBA): for people temporarily in Australia who are owners or part owners of a business; and
• regional established business in Australia (REBA): for people temporarily in Australia who are owners or part owners of a business in a designated area of Australia.

Factors affecting Business Skills migration

The Australian Government implemented a two-stage visa arrangement for business people on 1 March 2003.

Most people interested in coming to Australia under the Business Skills category will need to apply for a Business Skills (Provisional) visa.

After successfully establishing the requisite level of business activity or maintaining a designated investment in Australia, holders of a Business Skills (Provisional) visa will be eligible to lodge an application for permanent residence in Australia.

State/Territory government sponsorship will be available at both the provisional and permanent residence stages, with significantly lower requirements when sponsored.

A direct permanent residence category will still be available for high calibre business migrants sponsored by state/territory governments. This will be known as the Business Talent (Migrant) visa.

Through the State/Territory sponsorship arrangements, the new system will provide for improved linkages with State and Territory government business services to provide the help that many business migrants need to get into business.

The following Business Skills visas ceased as of 1 March 2003:

127 Business Owner
128 Senior Executive
129 State/Territory Sponsored Business Owner
130 State/ Territory Sponsored Senior Executive
131 Investment Linked
840 Business Owner
841 Senior Executive
842 State/Territory Sponsored Business Owner
843 State/ Territory Sponsored Senior Executive
844 Investment Linked
457IE Temporary Business Long Stay Independent Executive (offshore only)

Any applications lodged under one of the above categories will continue to be assessed in accordance with the criteria that were in force at the time of application.

The following Business Skills visas will continue:

845 Established Business in Australia
846 Regional Established Business in Australia
457IE FAO Temporary Business Long Stay (Independent Executive) Further Application Onshore

PROVISIONAL BUSINESS SKILLS VISAS - TEMPORARY RESIDENCY

BUSINESS OWNER PROVISIONAL VISAS

Business Owner Provisional Visa 160

To be eligible for a Business Owner Provisional Visa to come to Western Australia you need to show that you have an overall successful business career and that;

• For at least 2 of the 4 fiscal years immediately before your application you (and if applicable your spouse together) have net assets in a business of at least A$200,000 and an ownership interest of at least 10% of the business;
• For at least 2 of the 4 fiscal years immediately before your application, you owned and managed a business or businesses with an annual turnover of at least A$500,000;
• Your (and if applicable your spouse's combined) business and personal assets have a net value of at least A$500,000, which are available to establish or participate in a business and to be transferred to Western Australia within 2 years of being granted your visa, plus sufficient assets to settle in Western Australia;
• You are aged less than 45 years at the time of application;
• You have vocational English;
• You have not been engaged in a business where the provision of professional, technical or trade services took up more than 50 per cent of your time;
• You have notified (Form 927) the Small Business Development Corporation of your business history and intentions to develop a business in Western Australia;
• You have a realistic commitment to establish or participate in a business in Western Australia and maintain a substantial ownership and a direct and continuous management role; and
• You have demonstrated that there is a need to be temporarily in Western Australia to establish and conduct your proposed business activity.

State/Territory Sponsored Business Owner Provisional Visa 163

To be eligible for the State/Territory Sponsored Business Owner Provisional Visa to come to Western Australia you need to show that you have an overall successful business career and that:

You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);

• For at least 2 of the 4 fiscal years immediately before your application, you owned and managed a business or businesses with an annual turnover of at least A$300,000 and an ownership interest of at least 10% of the business or businesses; or
• You have had a sound continuous employment record in a senior management role in a business for at least 4 years immediately before your application is made and have demonstrated a high level of management skill;
• Your (and if applicable your spouse's combined) business and personal assets have a net value of at least A$250,000, which are available to establish or participate in a business and to be transferred to Western Australia within 2 years of being granted your visa, plus sufficient assets to settle in Western Australia;
• You are aged less than 55 years at the time of application or you are proposing to establish or participate in a business that Western Australia has determined is of exceptional economic benefit to the State;
• You have not been engaged in a business where the provision of professional, technical or trade services took up more than 50 per cent of your time;
• You have a realistic commitment to establish or participate in a business in Western Australia and maintain a substantial ownership and a direct and continuous management role; and
• You have demonstrated that there is a need to be temporarily in Western Australia to establish and conduct your proposed business activity.
• Please note - Applicants for this visa do not have to satisfy a vocational level of English, however, any applicant aged 18 years or more at the time of application who is assessed as not having 'functional English' must pay the second instalment of the Visa Application Charge - A $4,980 for prime applicant and A $2,485 for each dependent.

Business Owner Provisional Visa holders will need to meet to criteria requirements of one of the Business Owner Residence Visas 890 or 892 to be eligible for permanent residency of Australia.

SENIOR EXECUTIVE PROVISIONAL VISAS

Senior Executive Provisional Visa 161

To be eligible for the Senior Executive Provisional Visa to come to Western Australia you need to show that you have an overall successful business career and that:

• For at least 2 of the 4 fiscal years immediately before your application, you occupied a position in one of the 3 top levels of the management structure of a business (other than a government business enterprise) with an annual turnover of at least A$50 million in which you were responsible for strategic policy development affecting a major component of a wide range of operations of the business;
• Your (and if applicable your spouse's combined) business and personal assets have a net value of at least A$500,000, which are available to establish or participate in a business and to be transferred to Western Australia within 2 years of being granted your visa, plus sufficient assets available to settle in Western Australia;
• You are aged less than 45 years at the time of application;
• You have vocational English;
• You have notified (Form 927) the Small Business Development Corporation of your business history and intentions to develop a business in Western Australia;
• You have a realistic commitment to establish or participate in a business in Western Australia and maintain a substantial ownership and a direct and continuous management role; and
• You have demonstrated that there is a need to be temporarily in Western Australia to establish and conduct your proposed business activity.

State/Territory Sponsored Senior Executive Provisional Visa 164

To be eligible for the State/Territory Sponsored Senior Executive Provisional Visa to come to Western Australia you need to show that you have an overall successful business career and that:

• You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);
• For at least 2 of the 4 fiscal years immediately before your application, you occupied a position in one of the 3 top levels of the management structure of a business (other than a government business enterprise) with an annual turnover of at least A$10 million in which you were responsible for strategic policy development affecting a major component of a wide range of operations of the business;
• Your (and if applicable your spouse's combined) business and personal assets have a net value of at least A$250,000, which are available to establish or participate in a business and to be transferred to Western Australia within 2 years of being granted your visa, plus sufficient assets available to settle in Western Australia;
• You are aged less than 55 years at the time of application or you are proposing to establish or participate in a business that Western Australia has determined is of exceptional economic benefit to the State;
• You have a realistic commitment to establish or participate in a business in Western Australia and maintain a substantial ownership and a direct and continuous management role; and
• You have demonstrated that there is a need to be temporarily in Western Australia to establish and conduct your proposed business activity.

Please note - Applicants for this visa do not have to satisfy a vocational level of English, however, any applicant aged 18 years or more at the time of application who is assessed as not having 'functional English' must pay the second instalment of the Visa Application Charge - A $4,980 for prime applicant and A $2,485 for each dependent.

Senior Executive Provisional Visa holders will have to meet the criteria requirements of one of the Business Owner Residence Visas 890 or 892 to eligible for permanent residency of Australia.

INVESTOR PROVISIONAL VISAS

Investor Provisional Visa 162

To be eligible for the Investor Provisional Visa to come to Western Australia you need to show that you have an overall successful record of investment or business activity and that:

• You have a total of a least 3 years experience of direct involvement in managing one or more businesses or investments;
• For at least one of the 5 fiscal years immediately before your application, you maintained direct involvement in either managing a business in which you (and if applicable your spouse together) had an ownership interest of at least 10 % of the total value of the business; or
• You maintained direct involvement in managing (and if applicable your spouse's combined) investments to the value of at least A$1.5 million;
• For the 2 fiscal years immediately before your application, the net value of your (and if applicable your spouses combined) assets were at least A$2.25 million;
• You have demonstrated a high level of management skill in relation to an investment or business activity;
• At the time of decision on your visa, you have made an Investment (Designated Investment) of A$1.5 million with the *Western Australian Treasury Corporation for a 4 year term;
• You are aged less than 45 years at the time of application;
• You have vocational English;
• You have notified (Form 927) the Small Business Development Corporation of your business history and intentions to develop a business in Western Australia; and
• You have a realistic commitment to continue to maintain a business investment activity in Western Australia after your Designated Investment has matured.

State/Territory Sponsored Investor Provisional Visa 165

To be eligible for the State/Territory Sponsored Investor Provisional Visa to come to Western Australia you need to show that you have an overall successful record of investment or business activity and that:

• You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);
• You have a total of a least 3 years experience of direct involvement in managing one or more businesses or investments;
• For at least one of the 5 fiscal years immediately before your application, you maintained direct involvement in either managing a business in which you (and if applicable your spouse together) had an ownership interest of at least 10 % of the total value of the business; or
• You maintained direct involvement in managing (and if applicable your spouse's combined) investments to the value of at least A$750,000;
• For the 2 fiscal years immediately before your application, the net value of your (and if applicable your spouses combined) assets were at least A$1.125 million;
• You have demonstrated a high level of management skill in relation to an investment or business activity;
• At the time of decision on your visa, you have made an Investment (Designated Investment) of A$750,000 with the *Western Australian Treasury Corporation for a 4 year term;
• You are aged less than 55 years at the time of application or you are proposing to establish or participate in a business that Western Australia has determined is of exceptional economic benefit to the State; and
• You have a realistic commitment to continue to maintain a business investment activity in Western Australia after your Designated Investment has matured.

Western Australian Treasury Corporation
Level 7, Central Park, 152 - 158 St. Georges Terrace, PERTH WA 6850
Telephone (08) 9235 9180 Facsimile (08) 9235 9177
Email: settlements@watc.wa.gov.au

Please note - Applicants for this visa do not have to satisfy a vocational level of English, however, any applicant aged 18 years or more at the time of application who is assessed as not having 'functional English' must pay the second instalment of the Visa Application Charge - A $4,980 for prime applicant and A $2,485 for each dependent.

Investor Provisional Visa holders will need to meet the criteria requirements of either one of the Investor Residence Visas891 or 893 or Business Owner residence Visas 890 or 892 to be eligible for permanent residency of Australia.

RESIDENCE BUSINESS SKILLS VISAS - PERMANENT RESIDENCY

BUSINESS OWNER RESIDENCE VISAS

Business Owner Residence Visa 890

To be eligible for a Business Owner Residence Visa to come to Western Australia you need to show that:

• You are the holder of one of the following visas:

• You have had, and continue to have, an ownership interest in one or more actively operating businesses in Australia for at least 2 years immediately before your application; and

• Throughout the 12 months immediately before your application, the net value of your (and if applicable your spouse's combined) personal and business assets in Australia has been at least A$250,000; and
• You have been in Australia as the holder of one of the qualifying business visas for a total of at least one year in the 2 years immediately before your application.
  

To be eligible for a State/Territory Sponsored Business Owner Residence Visa to come to Western Australia you need to show that:

• You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);
• You are the holder of one of the following visas;

• You have had, and continue to have, an ownership interest in one or more actively operating businesses in Australia for at least 2 years immediately before your application; and

• Unless the Western Australian Small Business Development Corporation has determined there are exceptional circumstances, you meet at least 2 of the following 3 requirements;

• In the 12 months immediately before your application, your (and if applicable your spouse's) business or businesses together, had an annual turnover of at least A$200,000; and
• You have been in Australia as the holder of one of the qualifying business visas for a total of at least one year in the 2 years immediately before your application.

Please note - Any applicant aged 18 years or more at the time of application who is a holder of a Business (Long Stay) Independent Executive 457 visa and assessed as not having 'functional English' must pay the second instalment of the Visa Application Charge - A $2,485 for each applicant.

INVESTOR RESIDENCE VISAS

Investor Residence Visa 891

To be eligible for an Investor Residence Visa to come to Western Australia you need to show that:

• Your are the holder of an Investor Provisional Visa;
• You have been resident in Australia as the holder of an Investor Provisional Visa for a total of at least 2 years in the 4 years immediately before your application;
• You genuinely have a realistic commitment to continue to maintain a business or investment activity in Western Australia; and
• At the time of decision on your visa, the Designated Investment made by and held in your name (and if applicable in the name of your spouse together) has been held continuously for at least 4 years.

State/Territory Sponsored Investor Residence Visa 893

To be eligible for a State/Territory Sponsored Investor Residence Visa to come to Western Australia you need to show that:

• You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);
• Your are the holder of a Government of Western Australian Sponsored Investor Provisional Visa;
• You have been resident, as a holder of a Government of Western Australia Sponsored Investor Provisional Visa in Western Australia for a total of at least 2 years in the 4 years immediately before your application;
• You genuinely have a realistic commitment to continue to maintain a business or investment activity in Western Australia; and
• At the time of decision on your visa, the Designated Investment made by and held in your name (and if applicable in the name of your spouse together) has been held continuously for at least 4 years.

BUSINESS TALENT RESIDENCE VISA

Business Talent Residence Visa 132

To be eligible for a Business Talent Visa to come to Western Australia you need to show that you have an overall successful business career and that:

• You have been sponsored by the Government of Western Australia through the Small Business Development Corporation (SBDC);
• For at least 2 of the 4 fiscal years immediately before your application you (and if applicable your spouse together) have net assets in a business of at least A$400,000 and an ownership interest of at least 10% of the business;
• For at least 2 of the 4 fiscal years immediately before your application, you owned and managed a business or businesses with an annual turnover of at least A$3 million;
• Your (and if applicable your spouse's combined) business and personal assets have a net value of at least A$1.5 million, which are available to establish or participate in a business and to be transferred to Western Australia within 2 years of being granted your visa, plus sufficient assets to settle in Western Australia;
• You are aged less than 55 years at the time of application or you are proposing to establish or participate in a business that Western Australia has determined is of exceptional economic benefit to the State;
• You have a realistic commitment to establish or participate in a business in Western Australia and maintain a substantial ownership and a direct and continuous management role;

Please note - Applicants for this visa do not have to satisfy a vocational level of English, however, any applicant aged 18 years or more at the time of application who is assessed as not having 'functional English' must pay the second instalment of the Visa Application Charge - A $4,980 for prime applicant and A$2,485 for each dependent.

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