The Australian Government is keen to attract people who have demonstrated an ability within business, either as business owners, senior executives, or as investors. This has led to the class of visas dealt with under the Business Skills Program.
There were some significant changes to the Business Skills Program at the beginning of March, 2003, and for details of the Business Skills visa subclasses and requirements prior to that date please click here
The Business Skills Program provides 2 pathways to permanent residence in Australia:
- A 2 stage process in which a provisional temporary visa is granted initially. Permanent residency follows after an applicant has lived in Australia for a period of time and satisfies the relevant criteria (usually once a business has been established)
- Permanent residence straightaway for business applicants who are "high calibre" and who are sponsored by a State or Territory Government
In turn, the provisional visa route may be with or without the sponsorship of a State or Territory Government - the non-sponsored visas have higher financial criteria, and the applicant must be aged under 45 to be eligible for a non-sponsored provisional Business Skills visa.
Each State and Territory Government has its own procedures for agreeing to a sponsorship - please contact us if you would like assistance seeking sponsorship from a State or Territory Government, and indeed with any other aspect of your Business Skills visa application. Our Managing Director, Alan Collett, is a Chartered Accountant and a Registered Migration Agent, and we are therefore ideally suited to assist with a Business Skills visa application.
There are 3 provisional Business Skills visas leading to 2 permanent Business Skills visas, each of which may be with or without State or Territory Government sponsorship, and the complete list of visas is as follows:
Business Owner (Provisional)
State/Territory Sponsored Business Owner (Provisional)
Senior Executive (Provisional)
State/Territory Sponsored Senior Executive (Provisional)
Investor (Provisional)
State/Territory Sponsored Investor (Provisional)
Business Owner (Residence)
State/Territory Sponsored Business Owner (Residence)
Investor (Residence)
State/Territory Sponsored Investor (Residence)
The pathway to permanent residence straightaway is via the Business Talent visa.
The Established Business in Australia and Regional Established Business in Australia visa subclasses that existed under the pre-1st March, 2003 regime also remain in place and are options for those who are in Australia as holders of the old 457-Independent Executive visa. Details of the EBA and REBA visas are available here.
Business Owner (Provisional) (160) |
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The 160-visa is an option for a person who has owned (or still owns) a business. In brief, the requirements for this visa category are as follows:
- Must have had an overall successful business career
- At least 10% ownership in a business
- Net assets in business of at least A$200,000
- Must have personal and business net assets of at least A$500,000, which are capable of being transferred to Australia within 2 years
- For at least 2 out of the last 4 fiscal years before applying the main business(es) outside Australia must have had an annual turnover of at least A$500,000
- Must have maintained direct and continuous involvement in the management of the business on a daily basis, and in making decisions affecting the overall direction and performance of the business
- Must have sufficient net assets to settle in Australia
- Must have notified an Australian State or Territory Government of business intentions
- Must be aged under 45
- Must demonstrate the need to be in Australia to conduct or establish the business
- Must establish or participate in the active management of a qualifying business in Australia, and maintain a substantial ownership interest
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the Business Owner (Residence) visa in due course.
State/Territory Sponsored Business Owner (Provisional) (163) |
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The 163-visa has similar requirements to the 160-visa, but would be looked at by business owners who are aged over 44, or by those aged under 45 who cannot satisfy the higher financial criteria attaching to the 160-visa.
The requirements for the 163-visa category are as follows:
- Must have had an overall successful business career
- No requirement as to current or previous business ownership
- No requirement as to value of net assets in business
- Personal and business net assets of at least A$250,000, which are capable of being transferred to Australia within 2 years
- For at least 2 out of the last 4 fiscal years before applying the main business(es) outside Australia must have had an annual turnover of at least A$300,000, or must demonstrate a sound employment record at a high level of senior management skill for 4 years prior to application
- Must have maintained direct and continuous involvement in the management of the business on a daily basis, and in making decisions affecting the overall direction and performance of the business
- Must have sufficient net assets to settle in Australia
- Must have sponsorship by an Australian State or Territory Government
- Must be aged under 55, unless the business is endorsed by the sponsoring Government as being of exceptional economic benefit
- Must demonstrate the need to be in Australia to conduct or establish the business
- Must establish or participate in the active management of a qualifying business in Australia, and maintain a substantial ownership interest
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the State/Territory Sponsored Business Owner (Residence) visa in due course.
Senior Executive (Provisional) (161) |
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The 161-visa is an option for those who have been employed at a senior level of business and who intend to participate in the management and ownership of a business in Australia:
- Must have had an overall successful business career
- Must have personal and business net assets of at least A$500,000, which are capable of being transferred to Australia within 2 years
- For at least 2 of the 4 years prior to application must have occupied a position 3 of the highest management levels, and is/was responsible for strategic policy development in a business with an annual turnover of at least A$50 million
- Must have sufficient net assets to settle in Australia
- Must have notified an Australian State or Territory Government of business intentions
- Must be aged under 45
- Must demonstrate the need to be in Australia to conduct or establish the business
- Must establish or participate in the active management of a qualifying business in Australia, and maintain a substantial ownership interest
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the Business Owner (Residence) visa in due course.
State/Territory Sponsored Senior Executive (Provisional) (164) |
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The 164-visa has similar requirements to the 161-visa, but would be looked at by senior executives who are aged over 44, or by those aged under 45 who cannot satisfy the higher financial criteria attaching to the 161-visa:
- Must have had an overall successful business career
- Must have personal and business net assets of at least A$250,000, which are capable of being transferred to Australia within 2 years
- For at least 2 of the 4 years prior to application must have occupied a position 3 of the highest management levels, and is/was responsible for strategic policy development in a business with an annual turnover of at least A$10 million
- Must have sufficient net assets to settle in Australia
- Must have sponsorship by an Australian State or Territory Government
- Must be aged under 55, unless the business is endorsed by the sponsoring Government as being of exceptional economic benefit
- Must demonstrate the need to be in Australia to conduct or establish the business
- Must establish or participate in the active management of a qualifying business in Australia, and maintain a substantial ownership interest
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the State/Territory Sponsored Business Owner (Residence) visa in due course.
Investor (Provisional) (162) |
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The 162-visa is an option for those who have had a successful history of business or investment activity:
- Must have had an overall successful business career or history of eligible investment activity
- Must have personal and business net assets of at least A$2,250,000, which are capable of being transferred to Australia within 2 years
- For at least 1 of the 5 fiscal years prior to application must have had direct management in a qualifying business with an ownership interest of at least 10% of the total value of the business, or has maintained direct involvement in managing eligible investments with a value of at least A$1,500,000
- Must have made a Designated Investment of A$1,500,000 before the grant of the visa (a Designated Investment is an interest bearing Bond issued by certain State and Territory Governments in Australia)
- Must have at least 3 years experience of directly managing one or more qualifying business(es) or eligible investments with a high level of management skill
- Must have sufficient net assets to settle in Australia
- Must have notified an Australian State or Territory Government of business intentions
- Must be aged under 45
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the Investor (Residence) visa in due course.
State/Territory Sponsored Investor (Provisional) (165) |
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The 165-visa has similar requirements to the 162-visa, but would be looked at by investors who are aged over 44, or by those aged under 45 who cannot satisfy the higher financial criteria attaching to the 162-visa:
- Must have had an overall successful business career or history of eligible investment activity
- Must have personal and business net assets of at least A$1,125,000, which are capable of being transferred to Australia within 2 years
- For at least 1 of the 5 fiscal years prior to application must have had direct management in a qualifying business with an ownership interest of at least 10% of the total value of the business, or has maintained direct involvement in managing eligible investments with a value of at least A$750,000
- Must have made a Designated Investment of A$750,000 before the grant of the visa (a Designated Investment is an interest bearing Bond issued by certain State and Territory Governments in Australia)
- Must have at least 3 years experience of directly managing one or more qualifying business(es) or eligible investments with a high level of management skill
- Must have sufficient net assets to settle in Australia
- Must have sponsorship by an Australian State or Territory Government
- Must be aged under 55, unless the business is endorsed by the sponsoring Government as being of exceptional economic benefit
- Visa is valid for 4 years from the entry expiry date
Holders of this visa would usually move to the State/Territory Sponsored Investor (Residence) visa in due course.
Business Owner (Residence) (890) |
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The 890-visa is the permanent residency visa that is available for holders of any of the provisional visas discussed above, and has the following requirements:
- Have operated 1 or more business(es) in Australia for at least 2 years immediately preceding the visa application
- Must have an Australian Business Number and provide certified copies of Business Activity Statements for each business for the same period
- Net assets in business of A$100,000 for the 12 months preceding the visa application
- Business and personal assets in Australia of at least A$250,000
- Business turnover of at least A$300,000 in the 12 months preceding the visa application
- Must have been resident in Australia for at least 1 out of the 2 years immediately before the visa application is lodged
State/Territory Sponsored Business Owner (Residence) (892) |
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The 892-visa is the permanent residency visa that is available for holders of any of the provisional visas discussed above - as well as holders of the 457-Independent Executive visa - and has the following requirements:
- Have operated 1 or more business(es) in Australia for at least 2 years immediately preceding the visa application
- Must have an Australian Business Number and provide certified copies of Business Activity Statements for each business for the same period
- Must satisfy 2 out of 3 of the following requirements:
- Net assets in business of A$75,000 for the 12 months preceding the visa application
- Business and personal assets in Australia of at least A$250,000
- Employ at least 1 full time member of staff
- Business turnover of at least A$200,000 in the 12 months preceding the visa application
- Must have been resident in Australia for at least 1 out of the 2 years immediately before the visa application is lodged
Investor (Residence) (891) |
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The 891-visa is the permanent residency visa that is available for holders of an Investor (Provisional) visa, and has the following requirements:
- Have continued to maintain business/investment activity in Australia
- Have maintained a Designated Investment of A$1,500,000 for at least 4 years
- Must have been resident in Australia as the holder of a 162-visa for at least 2 out of the 4 years immediately before the visa application is lodged
State/Territory Sponsored Investor (Residence) (893) |
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The 893-visa is the permanent residency visa that is available for holders of a State/Territory Sponsored Investor (Provisional) visa, and has the following requirements:
- Have continued to maintain business/investment activity in Australia
- Have maintained a Designated Investment of A$750,000 for at least 4 years
- Must have been resident as the holder of a 165-visa in the sponsoring State or Territory for at least 2 out of the 4 years immediately before the visa application is lodged
The 162-visa is a permanent residency visa that is available straightaway (ie without the need for a period in Australia as the holder of a provisional visa) for those who have had an overall successful business career, and who satisfy the following requirements:
- Net assets in business of at least A$400,000 in at least 2 of the 4 fiscal years immediately before lodging the visa application
- Must have personal and business net assets of at least A$1,500,000, which are capable of being transferred to Australia within 2 years
- For at least 2 out of the last 4 fiscal years before applying the main business(es) outside Australia must have had an annual turnover of at least A$3,000,000
- Must have sponsorship by a State or Territory Government at a senior level - ie Chief Minister, Premier, or delegate
- Must be aged under 55, unless the business is endorsed by the sponsoring Government as being of exceptional economic benefit
- Must demonstrate the need to be in Australia to conduct or establish the business
- Must establish or participate in the active management of a qualifying business in Australia, and maintain a substantial ownership interest
- Must agree to monitoring of business activities by the Department of Immigration 24 months after arrival in Australia
Business Skills visa subclasses and requirements prior to March 2003 |
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Up to the end of February 2003 there were 6 sub-classes of visa under the Business Skills Program as follows:
Business Owner
Business Owner - State/Territory Sponsored
Senior Executive
Senior Executive - State/Territory Sponsored
Investment-Linked
Established Business in Australia
Regional Established Business in Australia
An applicant for a visa under the Business Owner category must show that:
- He or she has had a successful business career
- He or she (and his or her spouse) has had net assets in a qualifying business in 2 of the last 4 fiscal years of at least $200,000
- He or she has been actively involved in, and responsible for, the overall management and performance of a qualifying business on a day to day basis for at least 2 of the last 4 fiscal years, and where at least 10% of the business was owned
- He or she has not been involved in a business where the provision of professional, technical or trade services accounted for more than 50% of his or her time
- An Australian State or Territory Government Business Development Agency has been notified
- He or she has not been involved in business or investment activities considered unacceptable in Australia
- He or she has a genuine and realistic commitment to participate in the management of a new or existing business which will benefit Australia, as a substantial owner. Note that there is an obligation to participate in monitoring surveys to ensure compliance with the requirement that an eligible business has been established - failure to do so will mean the withdrawal of the visa
- He or she scores at least 105 points in the points test as applicable to business owners - contact us to assess your eligibility for this visa category
Business Owner - State/Territory Sponsored (129/842) |
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Conditions are as for the Business Owner visa, although the minimum requirement for net assets in a qualifying business is set at the lower figure of $100,000 in 2 of the last 4 fiscal years - contact us to assess your eligibility for this visa category.
Senior Executive (128/841) |
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An applicant for a visa under the Senior Executive Business Owner category must show that:
- He or she has had a successful business career
- He or she has been employed in 2 of the last 4 years in one of the top 3 management levels of a major business with a turnover of more than $50,000,000
- He or she has been responsible for strategic policy developments affecting a major component of, or a wide range of operations of, that business
- An Australian State or Territory Government Business Development Agency has been notified
- He or she has not been involved in business or investment activities considered unacceptable in Australia
- He or she has a genuine and realistic commitment to participate in the management of a new or existing business which will benefit Australia, as a substantial owner. Note that there is an obligation to participate in monitoring surveys to ensure compliance with the requirement that an eligible business has been established - failure to do so will mean the withdrawal of the visa
- He or she scores at least 105 points in the points test as applicable to senior executives - contact us to assess your eligibility for this visa category
Senior Executive - State/Territory Sponsored (130/843) |
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Conditions are as for the Senior Executive visa, although the minimum requirement for the turnover of a major business in which the applicant was employed in one of the top 3 management levels is set at the lower figure of $10,000,000 in 2 of the last 4 fiscal years. Contact us to assess your eligibility for this visa category
Investment-Linked (131/844) |
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An applicant for a visa under the Investment-Linked category must show that:
- He or she has had a successful record of business or investment activities
- He or she has at least 3 years experience in actively managing qualifying businesses or investments
- In 1 of the last 5 fiscal years he or she has maintained direct and continuous involvement in either managing a business with at least a 10% ownership interest, or managing eligible investments of at least $1,000,000
- For the 2 fiscal years immediately preceding his or her application net assets (including that of his or her spouse) were worth at least 50% more than the amount he or she intends to invest in a Designated Investment in Australia - meaning a Treasury Bond issued by the States or Territories of Australia, but not necessarily in the State or Territory of intended residence
- At the time of the visa decision, he or she has made a Designated Investment of not less than $750,000 - the actual amount will be determined by the points test
- He or she has not been involved in business or investment activities considered unacceptable in Australia
- He or she has a genuine commitment to maintain business or investment activity in Australia after the Designated Investment matures
- He or she scores at least 105 points in the points test as applicable to the investment-linked visa category - contact us to assess your eligibility for this visa category
Established Business in Australia (845) |
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An applicant for a visa under the 845 Established Business in Australia must be in Australia holding a valid unexpired visa at the time of the application and must show that:
- He or she is already the holder of a temporary substantive visa - in other words a visitor, student or temporary resident visa other than a special purpose, border, diplomatic, domestic worker or transit visa
- At the date of the application he or she has been in Australia for a minimum of 9 months in the last 12 months
- He or she has held an ownership of at least 10% in one or more main businesses in Australia for at least the 18 months before applying for the visa
- In the year before making the application the business must have had turnover of at least $200,000, or exports of at least $100,000
- The applicant's (together with his or her spouse's) total net assets in Australia for the 12 months prior to the visa application were more than $250,000
- The applicant's (together with his or her spouse's) business net assets in Australia for the 12 months prior to the visa application were more than $100,000
- He or she has been actively involved in, and directly responsible for, the management and performance of his or her main business in the 12 months prior to submitting the application
- Looked at overall the visa applicant has had a successful business career
- He or she has not been involved in business or investment activities considered unacceptable in Australia
- He or she scores at least 105 points in the points test as applicable to business owners - contact us to assess your eligibility for this visa category
Regional Established Business in Australia (846) |
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Applicants must satisfy similar conditions as for the 845 Established Business in Australia visa:
- He or she is already the holder of a temporary substantive visa - in other words a visitor, student or temporary resident visa other than a special purpose, border, diplomatic, domestic worker or transit visa
- At the date of the application he or she has been in Australia for a minimum of 12 months in the last 24 months
- He or she has held an ownership of at least 10% in one or more main businesses in a designated area of Australia for at least the 2 years before applying for the visa - and continue to maintain that interest
- In each of the 2 years before making the application the business must have had turnover of at least $200,000, or exports of at least $100,000
- The applicant's (together with his or her spouse's) total net assets in Australia for the 24 months prior to the visa application were more than $200,000
- The applicant's (together with his or her spouse's) business net assets in a designated area of Australia for the 24 months prior to the visa application were more than $75,000
- He or she has been actively involved in, and directly responsible for, the management and performance of his or her main business for the 24 months before the application is submitted
- Looked at overall the visa applicant has had a successful business career
- He or she has not been involved in business or investment activities considered unacceptable in Australia
- The applicant must be sponsored by the relevant State or Territory Government Business Agency
- He or she scores at least 105 points in the points test as applicable to regional established business owners - contact us to assess your eligibility for this visa category
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