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Business Skills Migration

Australia's Business Skills Migration program has evolved over the years. Since 1 March 2003, most Business Skills migrants enter Australia on a provisional (temporary) visa, initially, for up to four years. When they are able to show through satisfactory documentary evidence that they have achieved a specified level of business or investment activity, they may apply for the next stage of their immigration process which is permanent residence.

The Business Skills Program provides a facility and pathway for migration to Australia for eligible business owners, senior executives and investors. With the exception of the Business Talent visa category, all other categories are provisional visas initially.

The Business Skills Categories are:

Business Talent (Migrant) (subclass 132) is for high calibre business people who are owners or part owners of an overseas business and have an overall successful business career, significant business assets and have a genuine and realistic commitment to participate as a principal in the management of a new or existing business. This category must be sponsored by a state/territory government.

Business Skills (Provisional) visas (valid for 4 years):

  • Business Owner (Provisional)(subclass 160/163) is for people with a successful business career, including senior management or ownership, who have significant business assets and have a genuine and realistic commitment to participate as a principal in the management of a new or existing business. Applicants in this category may be sponsored by a state/territory government if necessary.

  • Senior Executive (Provisional) (subclass 161/164) is for senior executive employees of major overseas businesses who have been responsible for strategic policy development affecting a major component or a wide range of operations of that business, who have significant net assets and a genuine and realistic commitment to participate as a principal in the management of a new or existing business. Applicants in this category may be sponsored by a state/territory government if necessary.

  • Investor (Provisional) (subclass 162/165) is for investors/business people who have an overall successful record of business or investment activities, have significant net assets, are willing to invest funds in a designated investment in Australia for four years and have a genuine commitment to maintain business and investment activity in Australia. Applicants in this category may be sponsored by a state/territory government if necessary.

  • Business Skills (Residence) Visas

    The Business Skills (Residence) category of visa is the second stage for all Business Skills (Provisional) visa holders. This stage provides the pathway for these people to obtain permanent residence in Australia:

  • Business Owner (Residence) (subclass 890/892) is for people who hold a Business Skills (Provisional) visa and have had an ownership interest in a business in Australia for at least 2 years with significant personal and business assets, turnover as well as a minimum number of employees. Applicants must have been in Australia for at least one year in the two years immediately before applying. Applicants in this category may be sponsored by a state/territory government if necessary. 

  • Investor (Residence) (subclass 891/893) is for people who have held a Investor (Provisional) visa and a Designated Investment for the minimum 4 years and who have lived in Australia for at least 2 years in the four years immediately before the application is made. Applicants in this category may be sponsored by a state/territory government if necessary.

  • Temporary Business (Long Stay) (Independent Executive) (457IE) visa holders are able to apply for permanent residence in the:

  • Established Business in Australia (EBA) category or

  • Regional Established Business in Australia (REBA) category if sponsored by a state/territory government or

  • Business Owner (Residence) category, if sponsored by a state/territory government.

  • In cases where Independent Executive visa holders are not yet able to meet visa criteria for permanent residence, they are still eligible to apply for an extension of their 457IE visa. If granted, this allows a two year visa extension.

    Obligations of Business Skills visa holders

    Successful applicants have obligations in establishing and managing genuine business activities in Australia. Their progress will be monitored after their arrival in Australia. If they do not obtain an ownership interest in a business in Australia or maintain their investment in Australia during their stay, they could have their visas cancelled, or they may not be eligible to apply for permanent residence.

    Similarly, where a Business Talent visa holder has not made a genuine effort to obtain a substantial ownership interest in an eligible business, within three years of arrival, they too may be liable to have their visas cancelled.

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