There are three main categories for business people who wish to move to Australia by establishing a business in Australia, manage a new or existing business, or invest in Australia:
Each of these have subclasses and normally all business migrants must obtain one of these temporary (or provisional) visas, before later applying for a permanent visa.
Also – under each of the 3 categories – there is normally the choice between applying under for a State-Sponsored visa, or one without State Sponsorship. State-sponsored visa subclasses usually have lower eligibility criteria (especially regarding financial matters) than non-State-sponsored ones.
To qualify for a provisional visa, applicants must show that they have “a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia”.
To do this, they must possess net business & personal assets worth AU$800,000 (non-State-sponsored), or AU$500,000 (State-sponsored) in a qualifying business with a turnover of at least AU$500 000 in at least two of the four fiscal years immediately before you apply.
Business Owner applicants must also own a substantial or controlling interest in a business, in other words the minimum business ownership percentage must be:
51% where business turnover is less than AU$400,000; 30% where business turnover is AU$400,000 or more; or 10 % where the business is a publicly-listed company.
Applicants must be under 45 years of age, prepare a viable Australian business plan, have relevant management experience and an overall successful career.
Applicants must show that they “have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia”. Such a visa will allow business migrants to establish a new or existing business in Australia, travel in and out of Australia any number of times as long as the visa is valid, and have their family accompany them to Australia. They will have access to work and study rights.
Again, there is a choice between State-sponsorship, or not – and all migrants usually apply for a provisional visa, as the first stage towards a permanent visa. There are various eligibility criteria, the main financial ones being that applicants must have total assets of at least AU$800 000 (AU$500,000 for State-sponsored), which are legally acquired and capable of being transferred to Australia within two years of being granted this visa, and applicants must have sufficient assets (additional to those above) of at least AU$100 000 to settle in Australia.
This visa class is for investors/business people from overseas who are willing to invest funds in a designated investment in Australia for 4 years, and are less than 45 years of age. Applicants must possess personal assets with a net value of at least AU$2,250,000 for the 2 fiscal years immediately before applying.
Applicants must also have made a government-approved Designated Investment of AUD1,500,000 in Australia, which must be available for transfer to Australia within a reasonable period when requested.
The Investor Class enables the granting of a 4-year provisional visa, followed by a permanent visa once investment criteria have been met. Applicants aged 45 to 55 years or those not meeting the above financial thresholds can apply under the Investor Class (State Sponsored), but they must have sponsorship from a participating state or territory. Most notably, the financial requirements are reduced under this class. If you are proposing to establish a business in Australia that your sponsoring State or Territory Government has determined is of exceptional economic benefit, then you can consider an application under the Business Talent class, providing the set financial criteria are met. All applicants are required to satisfy health, character, police and credibility checks, and a range of other criteria.
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Permanent protection visas are available under the humanitarian stream for eligible applicants. For details, please contact your Registered Migration Agent at Migration Bureau.
A number of temporary visas are also available:
Investor Retirement visa
If you are aged 55 plus, of good health and meet the necessary financial thresholds, you can consider an application under the Regional Investor class. Applicants apply for sponsorship to the State or territory in which they intend to settle and need to have sufficient resources to provide for their settlement, an annual income accessible in Australia, and must be prepared to make a designated investment. The financial requirements are lessened for applicants who intend to settle in regional Australia. The initial visa and subsequent visas are issued for 4 years.
Business (Long Stay) Visa: If you are offered a job that cannot be filled by an Australian and the Australian employer is willing to provide “sponsorship”, you may be able to apply for a work visa. This visa is issued for the duration of the employment contract or 4 years, whichever comes first.
Working Holiday Visa
Citizens of certain countries who are under the age of 30 years may consider obtaining a Young Persons Working Holiday Visa. This visa enables you to work and travel for 1 year, and allows the holder to work for 6 months with each employer or study a course of no more than 4 months duration.
If you are enrolled into a qualifying course at an Australian tertiary institution, you can apply for a student visa. This visa allows you to study and to work 20 hours per week.
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