Business Visa Program

Australia’s Business Migration Program enables, under a number of sub classes, business people to seek varying levels of residency in Australia.  These visas range from short stays, to multiple years residency with the ability to apply for Australian Permanent Residency at their conclusion.

Overview / Requirements: 
Unlike other visas, there is no specific points test to determine the suitability of the applicant. 
The two basic requirements are that:

Visa Options:

The business visa program has two streams: short- term stays, and longer residency (four years maximum) and Australian permanent residence visas. Most applicants will be applying for a temporary business visa as their first visa.

The Australian Government, Department of Immigration and Citizenship outlines a number of varying business- related, short- term stay visas (see http://www.immi.gov.au/skilled/business/business-visit-visa-options.htm).

These vary from short stays of a few weeks to attend conferences, through to three monthly business ‘exploratory’ visas, particularly suitable for investors looking to enter the Australian market.

There are four major subclasses of extended (up to 4 years) business visas.
In determining what visa is the most appropriate depends on the age of the main applicant, their business activity record, net value of assets, English level and whether they are sponsored by a State or Territory Government. Other criteria including health and character requirements also need to be met.

(1) Investors:  Individuals who have a successful career in investment and who willing to invest substantial capital into Australian businesses may be eligible.

Investor (Provisional) Visa (subclass 162):
Applicants already have a successful business or investment career, and have a genuine intention to participate in investing in a business in Australia. Applicants must be under 45 years old and invest funds in a designated investment.

State or Territory Sponsored Investor (Provisional) Visa (subclass 165):
Applicants already have a successful business or investment career, be under 55 years old, sponsored by a State or Territory Government and have a genuine intention to participate in investing in a designated investment for 4 years business in Australia.

Investor Retirement Visa (subclass 405):
Applicants who are aged 55 years or older, are self-supported, who have no dependents other than a spouse (of any age) who are able to make a substantial long term financial investment in Australia. This is a temporary visa and does not lead to Australian Permanent Residence.

(2) Senior Management Executives:  Individuals who hold senior decision making positions within international firms and who are interested in participating in a new or existing Australian business may be eligible. Visa types include:

Senior Executives (Provisional) Visa (subclass 161):
Applicants are senior executives employees of a major overseas business, under 45 years old, who have significant net assets and a genuine intention to participate in the management of a new or existing business in Australia.

State or Territory Sponsored Senior Executive (Provisional) Visa (subclass 164):
Applicants are senior executive employees of a major overseas business, under 55 years old, who have significant net assets and a genuine intention to participate in the management of a new or existing business in Australia, and who meet the eligibility criteria for sponsorship by a State or Territory Government of Australia.

(3) Business owners:  Individuals looking to expand their business into Australia and retain ownership or own and participate in a new business in Australia may be eligible. Visa types include:

Business Owner (Provisional) Visa (subclass 160):
Applicants must already have a successful business career, be under 45 years old and have a genuine intention to participate as an owner in a new or existing business in Australia.
State or Territory Sponsored Business Owner (Provisional) Visa (subclass 163):
Applicants must already have a successful business career, be under 55 years old and have a genuine intention to participate as an owner in a new or existing business in Australia and who meet the eligibility criteria for sponsorship by a State or Territory Government of Australia.

Business Visas – Permanent

There is only one direct route to a permanent visa for a business applicant which is the Business Talent (Migrant) category (subclass 132). These applicants have to be less than 55 years and the business that is to be established in Australia must be of exceptional economic benefit to the State/Territory. There are other requirements such as the applicant’s business activity record and asset value.

All other permanent business visas require the applicant to have held one of the provisional/temporary business visas or another temporary substantive visa. These visas are as follows:

For Business Owners, their business must have been operating in Australia for at least 2 years to be eligible. For Investors, they must have continued their investment (while holding their provisional Investor Visa) for at least 4 years to be eligible and they must have been in Australia for at least 2 out of the last 4 years. There are other requirements including health and character checks.

Successful applicants will be Australian Permanent Residents and granted immediate access to public health entitlements (social security benefits have a two year waiting period), and dependant children aged between 6-18 are entitled to attend public schools within Australia.

Individuals who have resided in Australia for over 4 years with at least one of those years as an Australian Permanent Resident are entitled to apply for Australian citizenship.