Senior executives with management experience in a large overseas corporation may be granted a 4 year provisional visa in Australia under this visa category. Once in Australia, they are expected to establish or make a significant investment in an Australian business.

Duration and Conditions

This is a 4 year temporary visa. Once you have acquired an ownership interest in a business in Australia you can look at applying for permanent residence through the Business Owner (Residence) visa.

Do I Apply in Australia or Overseas?

Residents of Hong Kong, PRC or Macau must lodge their application in Hong Kong. Residents of Taiwan must lodge their application in Taipei. Residents of all other countries must lodge their application in Perth.

You can either be in Australia or overseas at the time of applying, but you must be outside of Australia when a decision is made on your application.

State/Territory Sponsorship

Australia encourages business investment in rural and regional areas and State and Territory government sponsorship is available for business people who can assist in the economic development of these areas. It should be noted that different requirements will apply if you are sponsored by a State/Territory government. If you are sponsored, a number of threshold requirements for the visa are lower.

Spouse and children

Your spouse and dependent children may migrate to Australia with you in the same visa class. All family members must satisfy health and character criteria. A "dependent" child is a natural or adopted child (of you or your spouse) younger than 18 years who is wholly and substantially in your or your spouse’s daily care and control. Children 18 years and older, who are still dependent on you or your spouse for financial, psychological or physical support may also be included. A child who is married is no longer a dependent child.

Criteria

For all the visa subclasses you need to show that:

 

1. You have a successful overall business career. You may be interviewed in relation to this. If you have ever experienced bankruptcy, or been actively involved in a business that has been subject to insolvency, receivership or liquidation, then you may have to prove that your own contribution to the management of the business was not a significant factor in these events.

    

2. In two of the last four years you occupied a position in the 3 highest levels of management of a major business with a turnover of:
   • over AUD$50 million for 2 of the last 4 years; or
   • over AUD$10 million for 2 of the last 4 years if you are sponsored by a State/Territory government.

    

3. You have been responsible for strategic policy development affecting a major component or a wide range of operations of that business.

    

4. You have not been involved in business or investment activities considered unacceptable in Australia

    

5. You, or you and your spouse together, have net assets of:
   • at least AUD$500,000; or
   • at least AUD$250,000 if sponsored by a State/Territory government.

    

6. You have a genuine and realistic commitment after entry into Australia to either establish a new business or to participate in an existing business, and to maintain a substantial ownership interest (ie. at least 10% of shares if the company is listed on the stock exchange or a controlling share if the business is not listed on the stock exchange).

    

7. You have demonstrated a need to be in Australia temporarily to conduct or establish business activities in Australia.

    

8. You have a genuine and realistic commitment after entry into Australia to maintain direct and continuous involvement in the management of that business from day to day and to make decisions that affect the overall direction and performance of the business in a way that will benefit the Australian economy. Please note that the Immigration Department will assess the level of your commitment to these objectives on the basis of all the information provided to them during the course of the application (for example, detailed business plans and financial statements).

    

9. You are:
   • under 45 years of age; or
   • under 55 years of age if sponsored by a State/Territory government.

    

10. You have vocational English. There are no English language requirements if sponsored by a State/Territory government.

Note that business migration can be extremely complex, and even determining whether you have a good chance of qualifying can be difficult. In addition, you may be able to qualify in a number of different business migration categories. Feel free to send us an email inquiry or call us on +61-2-9230-0888 if you would like us to assess your likely eligibility for business migration or if you would like our assistance with your application.