Business Migration

According to some commentators in January 2011, Australia has entered in "Golden Age" created by the current mining boom, post GFC stimulus to the US and China's economy and the continuing acceleration of science and technology. Australia has a relatively low level of government debt to GDP and a very high standard of education and health care. It has further strong banks, enriched rule of law and a good work ethic. The country is geographically located in close proximity to several of the fastest growing and largest consumer markets in the World. Those markets need Australia's mineral resources in quantities greater than at any prior time in any Nation's history and for probably another decade. This has generated favorable term of trade, strong capital investment flows and state and federal government tax receipts for the foreseeable future. This is a big opportunity. Australian's businesses have the opportunity to successfully realize greater ambitions and in so doing, create great wealth, for themselves and the Australian community.

Currently, Australia's GDP ranks in the Top 20 Countries in the World in purchasing power and Per Capita Income among more than 190 Countries. It is a strong position. In brief, the economic outlook over the strategic planning horizon (say 3 -10 years) is very favorable. Global engagement in innovation is getting easier.

The aim of Business Skilled category is to attract people with the demonstrated record of business or investment activity who have committed to using their business and investment skills in Australia. There is provision for business skilled entry for business owners, senior executives and investors.

The majority of business skills entrance is required to enter Australia initially on a Provisional (temporary) Visa for four years and, after satisfactory evidence of a specified level of business or investment activity, can apply for a Permanent Residence Status. The pathways to permanent residence are designed to give clarity and certainty to provisional business migrants and realize upon the establishment and management of genuine business activity in Australia. There is also a provision for high caliber business migrants to obtain upfront direct Permanent Residence in the Business Talent (migrant) Visa Category. If they have high level business attributes and are sponsored by a State or Territory.

PERMANENT VISA CATEGORIES:

  1. Established Business in Australia Category
  2. Regional Established Business in Australia Category
  3. State/Territory Sponsored Business Owner (Residence category)
  4. Business Owner (Residence) category
  5. State/Territory Sponsored Investor (Residence) Category
  6. Investor (Residence) category
  7. Business Talent (Migrant) Category

1. Established Business in Australia Category:

To be eligible, an applicant needs to show that:

  1. He / she as the holder of a temporary substantive visa that entitles to work in Australia other than a special purpose, boarder, diplomatic, domestic worker or transit visa.
  2. He / she has been in Australia for a minimum of nine months cumulatively in the 12 months before the date of application.
  3. The applicant has held an ownership interest in up to two main businesses in Australia for at least 18 months immediately before applying.
  4. The applicant and the spouse total net assets in Australia for the 12 months prior to the application were greater than AUS$ 250,000.
  5. The applicant and the spouse net assets in the main businesses in Australia in the 12 months prior to application were greater than AUS$ 100,000.
  6. The applicant has been actively involved in and directly responsible for the day to day management and overall performance of the main businesses.
  7. The applicant has an overall successful career.
  8. The applicant has not been involved in businesses or investment activities or practices considered unacceptable in Australia.
  9. In addition to meeting all the other criteria, the applicant must score at least 105 points in the established business in Australia points test (points are awarded for Age, English language ability, net assets in Australia and business attributes). He / she will need to demonstrate that through out the 12 months immediately prior to application, his / her main businesses employed at least three full time Australian Permanent Residence, Australian citizens or eligible New Zealand citizens who are non-family members and had a minimum annual turn over of AUS$ 200,000 or exports of at least AUS$ 100,000 a year.

2. Regional Established Business in Australia Category:

To be eligible, the candidate is required to show that:

  1. He/she as the holder of a business (long stay visa).
  2. The applicant has been in Australia as a temporary resident for at least 12 months cumulatively out of the last 24 months before the date of application.
  3. The applicant has an ownership interest in up to two main businesses in a designated area of Australia for at least two years immediately before applying and continuous to have interest of that kind.
  4. In each of the two years, immediately prior to the application, the main businesses have had a turn over of at least AUS$ 200,000 or exports of at least AUS$ 100,000.
  5. The net assets of the applicant and spouse in Australia for the two years prior to the application were at least AUS$ 200,000.
  6. The applicant and spouse net worth in the main businesses in the designated area of Australia in the 24 months prior to application were not less than AUS$ 75,000.
  7. Applicant has been actively involved in and directly responsible for, the day to day management and overall performance of his / her main businesses for the 24 months before the application.
  8. The applicant has an overall successful business career.
  9. The applicant has not been involved in business or investment activities or practices considered unacceptable in Australia.
  10. The applicant has been sponsored by relevant state /territory government, business agency.
  11. In addition to meeting all other criteria, the applicant must score at least 105 points in the regional established business in Australia points test unless this requirement has been waived by the state / territory agency due to exceptional circumstances

3. State/Territory Sponsored Business Owner (Residence category):

To be eligible, the applicant is required to show that:

  1. He/she has been sponsored by an appropriate regional authority of a state/territory government.
  2. The applicant is the holder of a business owner (provisional), a state/ territory sponsored business owner (provisional), a senior executive (provisional), a state / territory sponsored senior executive (provisional visa), an investor (provisional), a state / territory sponsored investor (provisional), a business (long stay) independent executive visa or a skilled – independent regional (provisional visa).
  3. The applicant has had, and continues to have, an ownership interest and direct and continuous management, in up to two actively operating main businesses in Australia for at least two years immediately before the application is made.
  • For each of these businesses, an Australian business number has been obtained and all business activity statements required by the Australian Taxation office for that period have been submitted to the Australian Taxation office and are included in the application. For each of these main businesses, financial statements covering the 12 month period immediately before the application is made have been prepared in accordance with international or Australian accounting standards and included in the application.
  1. Unless the appropriate regional authority has determined, that, there are exceptional circumstances, the applicant is required to meet at least two of the following three requirements:
  • Throughout the 12 months immediately before the application is made, the applicant and the spouse main business or main businesses employed at least one full time employee who is an Australian citizen, Australian Permanent Resident or New Zealand Passport holder and who is not member of applicant's family unit. Throughout the 12 months immediately before the application is made, the net value of the applicant and spouse personal and business assets in Australia has been at least AUS$ 250,000. Throughout the 12 months immediately before the application is made, the net value of applicant and spouse assets in the main business or in the main businesses in Australia at least AUS$ 75,000
  1. In the 12 months immediately before the application is made, the main business or main businesses together, had a turn over of at least AUS$ 200,000, unless the appropriate regional authority has determined that there are exceptional circumstances and the applicant has met at least two of the above three requirement, and his / her principal business and usual place of residence are located in regional Australia.
  2. Neither the applicant nor the spouse has a history of involvement in business activities or practices that are of a nature which are not acceptable in Australia.
  3. The applicant has been in Australia as the holder one of the qualifying visa for at least one year in the two years immediately before the application is made.

4. Business Owner (Residence) category:

To be eligible, the applicant must show that:

  1. He/she as the holder of a business owner (provisional), a state/territory sponsored business owner (provisional), a senior executive (provisional), a state/territory sponsored senior executive (provisional visa), an investor (provisional), a state/territory sponsored investor (provisional), a business (long stay) independent executive visa or a skilled – independent regional (provisional visa).
  2. The applicant has had, and continues to have, an ownership interest and direct and continuous management, in up to two actively operating main businesses in Australia for at least two years immediately before the application is made.
  3. Each of these businesses, an Australian business number has been obtained and all business activity statements required by the Australian Taxation office for the period have been submitted to the Australian Taxation office and the certified copies of these are included in the application.
  4. For each of these main businesses, financial statements covering the 12 months period immediately before the application is made have been prepared in accordance with International or Australian accounting standards and are included in the application.
  5. Throughout the 12 months immediately before the application is made, the net value of the applicant and the spouse assets in the main business or main businesses in Australia is at least AUS$ 100,000.
  6. In the 12 months immediately before the application is made, applicant's main business or main businesses together had a turn over of at least AUS$ 300,000.
  7. Throughout the 12 months immediately before the application is made, applicant and the spouse main business or main businesses employed at least two full time employees who are Australian citizens, Australian Permanent Residents or New Zealand passport holders and who are not members of applicant's family unit.
  8. Throughout the 12 months immediately before the application is made, the net value of applicant and the spouse personal and business assets in Australia has been at least AUS$ 250,000.
  9. Neither the applicant nor the spouse have a history of employment in business activities or practices that are of a nature that is not generally acceptable in Australia.
  10. The applicant has been in Australia as the holder of one of the qualifying visa for a total of at least one year in the two years immediately before the application is made.

5. State/Territory Sponsored Investor (Residence) Category:

To be eligible under this category, the applicant must show that:

  1. He/she has been sponsored by an appropriate regional authority of a state/territory government.
  2. The applicant is a holder of a state/territory sponsored investor (provisional visa).
  3. Neither the applicant nor the spouse has a history of involvement in business activities or practices that are of a nature i.e. not generally acceptable in Australia.
  4. The applicant has been resident, as the holder of state/territory sponsored investor (provisional visa), in the state/territory in which the sponsoring regional authority is located for at least two years in the four years immediately before the application is made.
  5. The applicant has a realistic commitment to continue to maintain a business or investment activity in Australia.
  6. At the time of decision, the designated investment made by and held in the names of applicant and the spouse and has been held continuously for at least four years.

6. Investor (Residence) category:

To be eligible, the applicant is required to show that:

  1. He/she is the holder of an investor (provisional visa).
  2. Neither the applicant nor the spouse has a history of involvement in business activities or practices that are of a nature which are not generally acceptable in Australia.
  3. The applicant has been in Australia as the holder of an investor (provisional visa) for a total of at least two years in the four years immediately before the application is made.
  4. The applicant has genuinely a realistic commitment to continue to maintain a business or an investment activity in Australia.
  5. At the time of decision, the designated investment made by and held in the names of applicant and the spouse and has been held continuously for at least four years.

7. Business Talent (Migrant) Category:

To be eligible, an applicant needs to show that:

  1. He/she has been sponsored by state/territory govt.
  2. The applicant has had an overall successful business career.
  3. For at least 2 of the 4 fiscal years immediately before the application is made, the applicant and the spouse had net assets in a qualifying business in which his/her had an ownership interest of AUS$ 400,000.
  4. For at least 2 of the 4 fiscal years immediately before the application is made, the applicant's main business or main businesses together had an annual turn over of at least AUS$ 400,000.
  5. For each of these main businesses, financial statements covering the two years periods immediately before the application is made have been prepared in accordance with International and Australian accounting standards and included in the application.
  6. The applicant's and the spouse's business and personal assets have a net value of at least AUS$ 1.5 million which are lawfully acquired and available for transfer and capable of being transferred to Australia within two years after the grant of the business talent (migrant) visa.
  7. The applicant is aged less than 55 years and is proposing to establish or participate in a business that his/her sponsoring state or territory has determined and is of exceptional economic benefit to the state or territory.
  8. Neither the applicant nor the spouse has a history of involvement in business activities or practices that are of a nature which are not generally acceptable in Australia.
  9. The applicant has a realistic commitment to establish or participate in a qualifying business in Australia and maintain a substantial ownership and direct and continuous involvement in the management of that business.
  10. The applicant is required to sign a declaration acknowledging his/her obligations as the holder of business talent visa.