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BUSINESS
SKILLS (PROVISIONAL) VISAS |
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There are 6 Business Skills (Provisional) visas, all of them
designed to be 4 year temporary visas.
The first 3 are the Provisional Business Owner/Senior Executive/Investor
visas, all of which are unsponsored. The remaining 3 are also
Provisional Business Owner/Senior Executive/Investor visas, but
all of these require Australian State or Territory sponsorship.
Such sponsorship is not as demanding as that which will apply
to the direct offshore, Business Skills, Business Talent (Migrant)
visa. Even the unsponsored visa types, however, are required to
notify the relevant State/Territory of their intention to commence
business or participate in a business within that State or Territory.
The primary difference between the sponsored and unsponsored Provisional
Business Skills visas is that the unsponsored visa types (Subclass
160, 161 and 162) are only open to applicants less than 45 years
of age and require the applicant to have “vocational English”.
The sponsored Business Skills (Provisional) visas (Subclasses
163, 164 and 165) specify that the applicant must be less than
55 years of age or be proposing to establish/participate in a
business (or an investment activity in the case of 165) that has
been determined to be of exceptional economic benefit to the sponsoring
State/Territory. There is no vocational English requirement.
Business Owner (Provisional) – Subclass 160
Some Core Criteria
The applicant must:
• Have had an overall successful business career.
• Have held in their own name/with a spouse/in both names,
an ownership interest of at least AUD$200,000 in a “qualifying
business/es” for at least 2 of the previous 4 fiscal years.
• If the qualifying business/es was a publicly listed company,
have had a shareholding of at least 10% of the total issued capital.
• The applicant’s main business/es must have had in
at least 2 of the previous 4 fiscal years, an annual turnover
of at least AUD$500,000.
• Have business and personal assets in the applicant’s/spouse’s/both
names of at least AUD$500,000, which are lawfully acquired and
available for transfer to Australia within 2 years after grant.
• Have business and personal assets in addition to those
above, which DIMIA is satisfied are of sufficient net value to
settle in Australia.
• Be less than 45 years of age.
• Have “vocational English”.
• Have “notified” the appropriate State/Territory
of their business history and intention to develop a business
in that State/Territory.
• To have a genuine and realistic commitment after entry
to Australia to establish or participate in a qualifying business
and to maintain a substantial ownership interest and have direct
and continuous involvement in the management of that business
on a day to day basis and in the making of decisions that affect
the overall direction and performance of the business in a manner
that benefits the Australian economy.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
Senior Executive (Provisional) visa – Subclass 161
Some Core Criteria
The applicant must:
• Have had an overall successful business career.
• In at least 2 of the 4 years immediately prior to application,
have occupied a position in the 3 highest levels of the management
structure of a “major business” and to have been responsible
for strategic policy development affecting a major component or
a wide range of operations of that major business.
• Have business and personal assets in the applicant’s/spouse’s/both
names of at least a net value of AUD$500,000 which are lawfully
acquired and available for transfer to Australia within 2 years.
• Have additional assets in the applicant’s/spouse’s/both
names which DIMIA is satisfied are of a sufficient net value to
settle in Australia.
• Be less than 45 years of age.
• Have “vocational English”.
• Have notified the State/Territory of the applicant’s
business history and the applicant’s intention to develop
a business in that State/Territory.
• Have a genuine and realistic commitment after entry to
Australia to either establish or participate in a qualifying business
and to maintain a substantial ownership interest in that business
and to maintain direct and continuous involvement in the management
of that business from day to day and in making decisions that
affect the overall direction and performance of that business
in a manner that benefits the Australian economy.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
Investor (Provisional) Visa – Subclass 162
Some of the Core Criteria are:
The applicant must:
• Have demonstrated an overall successful record of eligible
investment activity or qualifying business activity.
• Have a total of at least 3 years experience of direct
involvement in managing one or more qualifying businesses or eligible
investments.
• Throughout at least 1 of the last 5 fiscal years prior
to application, have maintained a direct involvement in managing
a “qualifying business” in which the applicant or
the applicant and his or her spouse had an ownership interest
of at least 10% of total value or maintained direct involvement
in managing eligible investments of the applicant/applicant’s
spouse/applicant and spouse of a total net value of at least AUD$1,500,000.
• Throughout the 2 fiscal years immediately before application,
have had business and personal assets of a net value of at least
AUD$2,250,000 (these can be of the applicant/applicant spouse
or both.
• Have demonstrated a high level of management skill in
relation to an eligible investment or qualifying business activity.
• Be less than 45 years of age.
• Have “vocational English”.
• Have notified a State/Territory of the applicant’s
business and investment history and the applicant’s intention
to lodge a designated investment in that State/Territory.
• Have a genuine and realistic commitment after entry to
Australia to continue to maintain business or investment activity
in Australia after the designated investment made by the applicant
or by the applicant and his/her spouse has matured.
After the decision to grant a 162 visa is made, the applicant
must make a designated investment of an amount of at least AUD$1,500,000
in the name of the applicant or in the names of the applicant
and his/her spouse.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
State/Territory Sponsored Business Owner (Provisional)
Visa – Subclass 163
Some of the Core Criteria:
The applicant must:
• Have had an overall successful business career.
• Have had for at least 2 of the 4 fiscal years immediately
prior to application, an ownership interest in a main business/es
with an annual turnover of at least AUD$300,000 or a sound continuous
employment record in a senior management role in a qualifying
business for at least 4 years immediately before the application
is made and have demonstrated a high level of management skill.
• Have business and personal assets in the applicant’s/spouse’s/both
names of a net value of at least AUD$250,000 available for the
conduct or establishment of a business in Australia, which are
lawfully acquired and available for transfer to Australia within
2 years of grant of the visa.
• Have business and personal assets in addition to the assets
mentioned above, that the appropriate regional authority is satisfied
are of a sufficient net value to settle in Australia.
• Be less than 55 years of age or propose to establish or
participate in a business that the State/Territory has determined
to be of exceptional economic benefit to that State/Territory.
• Have a genuine and realistic commitment after entry to
Australia to establish or participate in a qualifying business
and to maintain a substantial ownership interest in that business
and to maintain direct and continuous involvement in the management
of that business from day to day and in making decisions that
affect the overall direction and performance of the business in
a manner that benefits the Australian economy.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
State/Territory Sponsored Senior Executive (Provisional)
Visa – Subclass 164
Some of the Core Criteria:
The applicant must:
• Have had an overall successful business career.
• For at least 2 of the 4 years immediately prior to application,
have occupied a position in the 3 highest levels of the management
structure of a “major business” and have been responsible
for strategic policy development affecting a major component or
a wide range of operations of that major business.
• Have business and personal assets of the applicant/spouse/both
applicant and spouse of a net value of at least AUD$250,000 available
for the conduct/establishment of a business in Australia which
has been lawfully acquired and is available for transfer to Australia
within 2 years after grant of the visa.
• Have in addition to the assets mentioned above, other
business and personal assets that the appropriate State/Territory
is satisfied are of sufficient net value to settle in Australia.
• Be less than 55 years of age or be proposing to establish
or participate in a business that the State/Territory has determined
is of exceptional economic benefit to that State or Territory.
• Have a genuine and realistic commitment after entry to
Australia to either establish or participate in a qualifying business
and to maintain a substantial ownership interest in that business
and to maintain direct and continuous involvement in the management
of that business from day to day and in the making of decisions
that affect the overall direction and performance of the business
in a manner that benefits the Australian economy.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
State/Territory Sponsored Investor (Provisional) Visa
– Subclass 165
Some of the Core Criteria:
The applicant must:
• Have an overall successful record of eligible investment
activity or qualifying business activity.
• Have had a total of at least 3 years experience of direct
involvement in managing one or more qualifying businesses or eligible
investments.
• Have throughout at least 1 of the previous 5 fiscal years
prior to application, maintained direct involvement in managing
a qualifying business in which the applicant or the applicant
and his/her spouse had an overall interest of at least 10% of
the total value; or have maintained direct involvement in managing
eligible investments of the applicant/the applicant’s spouse/both
applicant and spouse, of a total net value of at least AUD$750,000.
• Throughout the 2 fiscal years prior to application, have
net business and personal assets of at least AUD$1.125million
(may be in applicant’s/spouse’s/both names).
• Have demonstrated a high level of management skill in
relation to the eligible investment or qualifying business activity.
• Be less than 55 years of age or be proposing to establish
or participate in a business or investment activity that the sponsoring
State or Territory has determined is of exceptional economic benefit
to that State or Territory.
• Have a genuine and realistic commitment after entry to
Australia to continue to maintain business or investment activity
in Australia after the designated investment made by the applicant/applicant
and spouse, has matured.
After the decision to grant a Subclass 165 visa has been made,
the applicant will be required to make a designated investment
of at least AUD$750,000 in the name of the applicant or applicant
and spouse in the sponsoring State/Territory.
The applicant will also have to show a genuine intention to reside
for at least 2 years in the State or Territory where he/she has
lodged the designated investment.
You should always seek specific advice before acting. The information
provided is as a guide only. Regulations may change. Where hotlinks
are made to external sites we cannot guarantee the accuracy thereof.
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