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What is Business Skills Visas?
Australian government has given priority to economic migrant “Business Visa migrant” who can substantially contribute to Australia and Australian communities by generating employment and revenue. Australia is actively encouraging business people to set up business in regional, rural or low population growth areas of Australia. To assist this objective, State/Territory governments can offer sponsorship to business migrants who seek to assist in the economic development of specific areas. State/Territory governments have participated in providing a wide range of post arrival services to assist business migrants in setting up their business in Australia.
Business owners, senior executives and investors can apply for a visa under the Business Skills category.
Under the two-stage arrangements introduced on 1 March 2003, business migrants are granted a Business Skills (Provisional) visa for 4 years and, after establishing the requisite level of business or maintaining their eligible investment, are eligible to make an application for a Business Skills (Permanent Residence) visa. A direct permanent residence category will still be available for high-calibre business migrants sponsored by State/Territory governments. This is known as the Business Talent visa.
Visa Categories
Provisional visa categories:
- State/Territory Sponsored Business Owner (Provisional)
- Business Owner (Provisional)
- State/Territory Sponsored Senior Executive (Provisional)
- Senior Executive (Provisional)
- State/Territory Sponsored Investor (Provisional)
- Investor (Provisional)
- Designated Investment (for Investor categories)
- State/Territory Treasury Corporations
Permanent visa categories:
- State/Territory Sponsored Business Owner (Residence)
- Business Owner (Residence)
- State/Territory Sponsored Investor (Residence)
- Investor (Residence)
- Business Talent (Migrant)
In addition, the Business Skills program also has two categories for persons who are in Australia on temporary visas, other than the Business Skills (Provisional) visas:
- Established Business in Australia category - for people temporarily in Australia who are owners or part owners of a business; and
- Regional Established Business in Australia category - for people temporarily in Australia who are owners or part owners of a business in a designated area of Australia.
If you are the holder of a Temporary Business Long Stay (Independent Executive) subclass 457 visa and wish to apply for a further a Temporary Business Long Stay (Independent Executive) subclass 457 visa in Australia.
Government Sponsorship
The Commonwealth Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) is the only agency that has authority to grant visas for entry into Australia. However each State of Australia can participate in this process through the State/Territory Sponsored visa categories, especially Business Sponsored Migrant and Skilled sponsored Migrant visas. These categories provide the ability to attract and sponsor migrants who have skills that are of value and importance to the State.
Migrants who are successful in obtaining State/Territory sponsorship are then assessed by DIMIA against specific criteria. The Commonwealth entry criteria are lower for migrants who obtain State sponsorship. However, the awarding of State/Territory sponsorship is no guarantee that a visa will be granted by DIMIA. However, each State Territory government has established own specific sponsorship requirement for the business migrant who wish to migrate to regional areas of Australia. State and Territory governments have their own criteria for deciding whom they will sponsor.
If you have sponsorship from a State or Territory government under the State/Territory Sponsored Business Owner (Provisional) or (Residence) visa, you will be considered against lower threshold criteria.
Eligibilities
In order to make an application for the Business Owner (Residence) visa, business owners will need to show that they:
Requirements, if not sponsored:
- hold any of the Business Skills (Provisional) visas;
- have an ownership interest in one or more actively operating main business(es) for at least 2 years;
- be involved in strategic management of the business(es);
- employ at least 2 Australian citizen or permanent resident employees who are not family members;
- have substantial business and personal assets;
- have substantial net assets in business;
- have achieved a significant annual turnover in your business;
- have no history of unacceptable business activities; and
- have been in Australia as the holder of a qualifying visa for at least 1 year in the last 2 years.
Requirements, if Sponsored
- be sponsored by a State or Territory government;
- hold any of the Business Skills (Provisional) visas or a Temporary Business (Long Stay) Independent Executive visa;
- have an ownership interest in one or more actively operating main business(es) for at least 2 years;
- be involved in strategic management of the business;
- have substantial net assets in business or have substantial net business and personal assets or employ at least 1 Australian citizen or permanent resident; employee who is not a family member (you must 2 out of these 3 points unless you are able to provide waiver from sponsoring State/Territory);
- have achieved a significant annual turnover in your business;
- have no history of unacceptable business activities; and
have been in Australia as the holder of a qualifying visa for at least 1 year in the last 2 years.
Obligations
Business skills migrants have some obligations upon arrival in Australia. All Business skill migrants (provisional) and Business Talent (Migrant) are to sign a declaration that they agree meet certain obligations. In this declaration, each applicant who is 18 years of age or over must agree to:
- Notification of initial address - to notify the department of their residential address within 6 months of initial entry to Austalia in a form as precribed by DIMIA.
- Notification of subsequent changes address - to notify the department of any subsequent changes of their residential address within 28 days of a change of address in form as precribed by DIMIA.
Business Owner, Sponsored Business Owner, Senior Executive and Sponsored Senior Executive Provisional Visa Holders
Australian government believes that the applicants who come under these visa categories provide valuable contribution to the Australian economy by becoming actively involved as owners or part of owners at a senior level in busiensses which do at least one of the following inputs.
- develop business links with international markets
- create or maintain employment in Australia and help to generate revenue
- export Australian goods and services in overseas countries
- produce goods or services tha would otherwise be imported
- introduce new or improved technology
- add to commercial activity and competitiveness within sectors of the Australian economy
Provisional busines visa applicants also agree to:
- obtain a substantial ownership interest in a business in Australia demonstrating at least one of the chraracteristic referred to above; and
- actively participate at a senior level in the day-to-day management of that busienss; and
- continue to make such genuine efforts to hold substantial ownership and participate at a senior level in the day-to-day mangement of such a busienss.
Visitor Business Visas
Visitor Business visa is an entry point of establishment of Business in Australia. It has two types of visas: (a) Short Stay Business Visa (b) Long Stay Business Visa.
Potential business enterpreneurs are provided short / long stay visitor visa to undertake business in Australia - For instance, to attend a conference or training session, business negotiations, an exploratory business visit, establishing a business. They do not cover taking paid employment in other fields in Australia. Such work requires a different visa.
Short Stay Business Visa
Short Stay business visa (subclass 456) allows the bona fide business person to make a visit to Australia of up to three months to conduct business. It requires appropriate activities include a conference, negotiation or an exploratory business visit, but do not include acting or music performance or commercial film making. It could be single-entry or multiple-entry visa
In many countries, you can obtain a Business (Short Stay) visa at the same time you purchase an airline ticket. Ask for a Business Electronic Travel Authority (ETA) for Australia.
Long-Term Business Visa
The purpose of long term business is to establish business in Australia. This visa category is upto four years; specially it allows to:
- Personnel (executives, managers and specialists) for companies operating in Australia;
- Personnel from offshore companies seeking to establish a branch in Australia, participate in joint ventures, or fulfil a contract awarded to an offshore company;
- personnel coming under a labour or Invest Australia Supported Skills agreement.
State Territory government have been participated to bring more business migrant people in regional areas of Australia. There are special arrangements for employers in regional and low population growth areas across Australia. Regional arrangements assist employers who may not otherwise be able to meet minimum skill and salary requirements for employees.
Regional Certifying Body supports the employer's nomination, an overseas worker may be recruited to fill a position in regional areas which falls below the normal minimum skill or salary level.
How to Start the Process?
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