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Business Skills Visas - new rules from 1 March 2003
As of 1 March 2003 a new Business Migration program applies. The new program replaces all existing business migration categories, and consists primarily of a two-stage application process. At the first stage business migrants can apply for a provisional visa. Once granted the provisional visa, business migrants have 4 years within which to satisfy all the requirements of the business skills (residence) visa and apply for permanent residence. Applicants applying for any of the business skills visas, be it at the provisional or permanent residence stage, can apply for State/Territory government sponsorship. If such sponsorship is obtained, the requirements are significantly lower than under the un-sponsored categories. The categories under the Business Skills Heading are: Business Owners: Owners or part owners of a business.
To make an application for the Business Owner (Provisional) visa, you will need to show that you:
have an ownership interest of at least 10% in a business; have significant net assets in business ($A200,000); have significant business and personal assets ($A500,000); have sufficient net assets to settle in Australia; have achieved a significant annual turnover in your business ($A500,000 for at least 2 of the last 4 fiscal years); have direct and continuous management role in an overseas business; have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; have no history of unacceptable business activities; are less than 45 years old; and have vocational English. State Territory Sponsored Business Owner (Provisional) visa To make an application for the State Territory Sponsored Business Owner (Provisional) visa, you will need to show that you:
have an overall successful business career; have significant business and personal assets ($A250,000); have achieved a significant annual turnover in your business ($A300,000) or have continuous employment record at senior level for at least 4 years ; have sufficient net assets to settle in Australia; have direct and continuous management role in overseas business; have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; have no history of unacceptable business activities; and are less than 55 years old unless exceptional circumstances exist.
A Senior Executive must first apply for one of the following provisional visa categories:
State Territory Sponsored Senior Executive (Provisional) visa
State Territory Sponsored Business Owner (Residence) visa To make an application for the Senior Executive (Provisional) visa, you will need to show that you:
are employed in one of the top 3 levels of management of a major business; have significant business and personal assets ($A500,000); have sufficient net assets to settle in Australia; have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; have no history of unacceptable business activities; are less than 45 years old; and have vocational English. State Territory Sponsored Senior Executive (Provisional) visa To make an application for the State Territory Sponsored Senior Executive (Provisional) visa, you will need to show that you:
have an overall successful business career; have significant business and personal assets ($A250,000); are employed on one of the top 3 levels of management of a major business; have sufficient net assets to settle in Australia; have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; and are less than 55 years old unless exceptional circumstances exist.
Investors must first apply for one of the following provisional visa categories:
State Territory Sponsored Investor (Provisional) visa
State Territory Sponsored Investor (Residence) visa; Business Owner(Residence) visa; or State Territory Sponsored Business Owner (Residence) visa
To make an application for the Investor (Provisional) visa, you will need to show that:
You have more than 3 years experience in the direct involvement in managing an eligible investment; In at least 1 of the 5 fiscal years before your application you have maintained direct involvement in managing your (or your and your spouse's combined) eligible investments with a value of at least A$1,500,000; For the 2 fiscal years before your application the net value of your (or your and your spouse's combined) assets was at least A$2,250,000; You have demonstrated a high level of skill in management of your investment; You are prepare to make a designated investment in a State Treasury Bonds of A$1,500,000 for a period of 4 years; You are under 45 years of age; You have vocational English; Neither you nor your spouse has a history of involvement in business activities that are not generally acceptable in Australia; and You have a genuine and realistic commitment to continue to maintain a business or investment activity in Australia after your 4 year investment has matured. To make an application for the State Territory Sponsored Investor (Provisional) visa, you will need to show that you:
have a successful record of business or investment management; be willing to make a significant investment in a government approved Designated Investment for 4 years; have significant business and personal assets ($1,125,000); have sufficient net assets to settle in Australia; have no history of unacceptable business activities; and are less than 55 years old unless exceptional circumstances exist.
A Business Employee / Manager is a senior manager with at laest 4 years' continuous employment. Applicants in this category are eligible to apply for the following provisional visa category:
An application for a permanent residence visa can also be made by high calibre business persons, under the Business Talent visa category. The Business Talent (Migrant) visa is a permanent residence visa available to high-calibre businesspersons. State or Territory government sponsorship is an essential requirement of this business visa category. If you are applying under the Business Talent category, you will need to show that you:
have significant net assets in business (at least $A400,000 for at least 2 out of the last 4 fiscal years); have significant business and personal assets (of at least $A1,500,000); have achieved a significant annual turnover in your business ($A3,000,000 for at least 2 out of the last 4 fiscal years) ; have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business; have no history of unacceptable business activities; and are less than 55 years old unless exceptional circumstances exist.
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