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General information about Visas
Our advice is based on a simple "don't put the cart before the horse" approach. Our research has shown that most of the business failures in this visa class are because migrants have allowed their visa to determine their business strategy, rather than their business strategy determine their visa selection. The commercial dangers of allowing visa considerations to determine business strategy are obvious, yet this approach is still alarmingly common. While developing a clear business strategy, we will provide you with access to experienced experts in Business Owner visas. Please click here for our tailored range of business advisory services to help ensure you select the visa that best suits your needs.
Australian Business Owner visas are a two staged process, first you apply for a provisional visa and then after two years (and once you have met certain requirements regarding establishing a business in Australia) you are eligible to apply for a permanent residency visa. There are a variety of potential approaches to obtaining permanent residency in Australia, we will help you to find the right business solutions for your specific circumstances.
Typical Provisional Visa Process:

PROVISIONAL VISAS
Business Owner Visa (Provisional)
Are you under 45 and a successful business owner with a genuine commitment to establishing, investing in, and managing a business in Australia?
This particular visa subclass is for successful business people wishing to establish a business presence in Australia. To apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful business career.
- Must be under 45 years of age at the time of application.
- Must have at least Vocational English.
- For at least 2 out of the past 4 fiscal years the net value of assets of the applicant (and/or the applicant’s and their spouse together) in a qualifying main business (or up to two main businesses) was at least A$200,000.
- For at least 2 out of the past 4 fiscal years the applicant’s main business or the applicant’s two main businesses together, had an annual turnover of at least A$500,000.
- In addition to the above you must have owned at least:
- 51% of the business where the turnover is less than A$400,000 per annum
- 30% of the business where the turnover is A$400,000 or more per annum
- 10% where the business is a publicly listed company.
- The business and personal assets of the applicant (and/or applicants spouse together) has a net value of at least A$800,000 and are lawfully acquired and are available for transfer to Australia within 2 years after the grant of the visa.
- You have sufficient assets (additional to those above) of at least $100,000 to settle in Australia
- In the applicants qualifying business, it must be shown that at least half the time spent was in operating that business and not in providing professional, technical or trade services.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
- Notification must been made to the appropriate regional authority of a State or Territory of the applicants business history and intention to develop business in that State or Territory.
- The applicant genuinely has a realistic commitment to establish a business or participate in an existing business in Australia.
- It is demonstrated that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
- A declaration has been signed that the applicant understands his/her obligations as the visa holder.
Sponsored Business Owner Visa (Provisional)
Are you under the age of 55 (the age requirement is not absolute- see below) and successful business owner with a genuine commitment to establishing, investing in, and managing a business in Australia?
This particular visa subclass is for successful business people under the age of 55 (see below) wishing to establish a business presence in Australia. To apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful business career.
- Must be under 55 years of age unless the sponsoring State/Territory accepts that the business will be of exceptional benefit (i.e. it is possible to be over 55 and still qualify provided we demonstrate certain exceptional benefits).
- Obtain sponsorship by a State (or Territory) regional authority for approval of the proposed business activity.
- For at least 2 out of the past 4 fiscal years the applicant’s main business or the applicant’s main businesses together, had an annual turnover of at least A$300,000,
- In addition to the above you must have owned at least:
- 51% of the business where the turnover is less than A$400,000 per annum
- 30% of the business where the turnover is A$400,000 or more per annum
- 10% where the business is a publicly listed company.
- The business and personal assets of the applicant and/or applicants spouse together have a net value of at least A$500,000 and are lawfully acquired and are available for transfer to Australia within 2 years after the grant of the visa.
- You must have sufficient assets (additional to those above) to settle in Australia.
- In the applicants qualifying business, it must be shown that at least half the time spent was in operating that business and not in providing professional, technical or trade services.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
- The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Sponsored Business Owner, to establish a business or participate in an existing business in Australia.
- It is demonstrated that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
- A declaration has been signed that the applicant understands his/her obligations as the holder of this visa.
Senior Executive Visa (Provisional)
Are you under the age of 45, a successful senior executive of a major company with a genuine commitment to establishing, investing in, and managing a business in Australia?
This particular visa subclass is for successful executives and managers wishing to establish a business presence in Australia. To apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful business career.
- Be under 45 years of age.
- Have at least Vocational English
- For at least 2 out of the past 4 years the applicant has occupied a position in the 3 highest levels of the management structure of a major business. (Major business meaning a business other than government that had a turnover of at least A$50,000,000), and was responsible for strategic policy development affecting a major component or a wide range of operations of that major business.
- The business and personal assets of the applicant and/or applicants spouse together has a net value of at least A$800,000 and are lawfully acquired and are available for transfer to Australia within 2 years after the grant of a Senior Executive Visa.
- In addition to the net assets of A$800,000 mentioned above, the applicant must prove he/she has at least $100,000 further funds available to be able to successfully settle in Australia.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature not generally acceptable in Australia.
- Notification must have been made to the appropriate regional authority of a State or Territory of the applicants business history and intention to develop business in that State or Territory.
- The applicant genuinely has a realistic commitment to establish a business or participate in an existing business in Australia.
- It is demonstrated that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
- A declaration has been signed that the applicant understands his/her obligations as the holder of a Senior Executive Visa.
Sponsored Senior Executive Visa (Provisional)
Are you under the age of 55 (not an absolute requirement - see below), a successful senior executive of a major company with a genuine commitment to establishing, investing in, and managing business in Australia?
This particular visa subclass is for successful executives and managers who are ordinarily required to be under the age of 55 years of age wishing to establish business prospects in Australia. English is not a requirement, however to apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful business career.
- Must be under 55 years of age unless exceptional circumstances exist (i.e. it is possible to be over 55 and qualify if we prove exceptional circumstances)
- For at least 2 out of the past 4 years the applicant has occupied a position in the 3 highest levels of the management structure of a major business. (Major business meaning a business other than government that had a turnover of at least $10,000,000AUD), and was responsible for strategic policy development affecting a major component or a wide range of operations of that business.
- The business and personal assets of the applicant and/or applicants spouse together has a net value of at least $500,000AUD that is available for the conduct or establishment of a business in Australia, and are lawfully acquired and available for transfer to Australia within 2 years after the grant of the visa.
- In addition to the net assets of A$500,000 mentioned above, the applicant must prove he/she have further funds sufficient enough to be able to successfully settle in Australia.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
- The applicant is proposing to establish or participate in a business that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.
- The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Sponsored Senior Executive, to establish a business or participate in an existing business in Australia.
- It is demonstrated that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
- A declaration has been signed that the applicant understands his/her obligations as the holder of a Sponsored Senior Executive.
Investor Visa (Provisional)
Are you under the age of 45, a successful Investor or business person with a genuine commitment to make an investment in Australia and maintain investment activity in Australia?
This particular visa subclass is for successful Investors and Business people wishing to establish business prospects in Australia. To apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful record of eligible investment activity or qualifying business activity.
- Must be under 45 years of age.
- Must have Vocational English.
- The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments.
- Throughout at least 1 of the 5 fiscal preceding years the applicant maintained direct involvement in managing a qualifying business in which he/she had an ownership interest of at least 10% of the total value of the business, or
- The applicant maintained direct involvement in managing eligible investments that had a total net value of at least A$1,500,000.
- Throughout the 2 fiscal years immediately before the application is made, the business and personal assets of the applicant and/or applicants spouse together had a net value of at least A$2,250,000.
- The applicant must make a designated investment of an amount of A$1,500,000 in the name of the applicant or in the names of the applicant and his or her spouse.
- The applicant has demonstrated a high level of management skill in relation to an eligible investment or qualifying business activity.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
- Notification must been made to the appropriate regional authority of a State or Territory of the applicants business history and the intention to lodge a designated investment in that State or Territory.
- The applicant genuinely has a realistic commitment, after entry to Australia as the holder of an Investor Visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse, has matured.
- A declaration has been signed that the applicant understands his/her obligations as the holder of an Investor Visa.
Sponsored Investor Visa (Provisional)
Are you under the age of 55 (not an absolute requirement - see below), a successful Investor or business person with a genuine commitment to make an investment in Australia and maintain investment activity in Australia?
This particular visa subclass is for successful Investors and Business people under the age of 55 years (see below) wishing to establish business prospects in Australia. English is not essential however to apply for this particular visa the applicant must be able to satisfy the following:
- Demonstrate an overall successful record of eligible investment activity or qualifying business activity.
- Must be under 55 years of age (unless we demonstrate that the investment is of exceptional economic benefit).
- The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments.
- Throughout at least 1 of the 5 preceding fiscal years the applicant maintained direct involvement in managing a qualifying business in which he/she had an ownership interest of at least 10% of the total value of the business, OR
- The applicant maintained direct involvement in managing eligible investments that had a total net value of at least A$750,000.
- Throughout the 2 fiscal years immediately before the application is made, the business and personal assets of the applicant and/or applicants spouse together has a net value of at least A$1,125,000.
- The applicant must make a designated investment of an amount of $750,000AUD in the name of the applicant, in the State or Territory in which the appropriate regional authority that sponsored the applicant is located.
- The applicant has demonstrated a high level of management skill in relation to an eligible investment or qualifying business activity.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
- Notification must been made to the appropriate regional authority of a State or Territory of the applicants business history and the intention to lodge a designated investment in that State or Territory.
- The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Sponsored Investor, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse, has matured.
- A declaration has been signed that the applicant understands his/her obligations as the holder of a Sponsored Investor.
PERMANENT VISAS
These visas are for people who already hold provisional residency, who have a business interest or have made the required eligible investments in Australia ,and now wish to apply for permanent residency.
Business Owner Visa (Resident)
Do you hold one of the above provisional visas and owned a business in Australia for at least two years?
This visa is for people who have an eligible ownership interest in an Australian business, to apply for this particular visa the applicant must be able to satisfy the following:
- The applicant must have held a qualifying provisional visa i.e. Business Owner, Sponsored Business Owner, Senior Executive, Sponsored Senior Executive, Investor or Sponsored Investor visa.
- Have been in Australia for a cumulative period of at least 12 months out of the previous 2 years before the application.
-
In your main business (or two main businesses) in Australia, you have had and continue to have direct and continuous management for at least two years immediately before you apply. In addition you must own at least:
- 51 per cent of the business where the turnover is less than AUD400 000 per annum
- 30 per cent of the business where the turnover is AUD400 000 or more per annum
- 10 per cent where the business is a publicly listed company.
A transitional provision is available if you have purchased a main business in Australia prior to 19 April 2010 and you are applying for this visa. Under these circumstances a minimum of 10 per cent ownership in a main business is required.
-
The business must have an ABN and submitted all the required BAS statements to the Australian Tax Office (copies of these must be supplied).
- Show that for the 12 months preceding the application, the applicant held net assets in the business (or up to two businesses) with a value of at least A$100 000.
- Applicant must show that in the 12 months immediately before making the application the business (or up to two businesses together) had a turnover of at least A$300 000.
- Applicant must show that in the 12 months immediately before making the application the business/es employed the equivalent of at least 2 full time employees who were Australian or New Zealand citizens or permanent residents (employees cannot be part of the applicant's family unit).
- Applicant must show that in the 12 months immediately before making the application he/she (and spouse combined if necessary) held combined net business and personal assets in Australia with a nett value of at least A$250 000.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
Sponsored Business Owner Visa (Resident)
If you don't meet the financial or employment criteria for the Business Owner visa above, then you should consider this visa:
This visa is for people who have held an eligible ownership interest in an Australian business for the two years preceding the application but don't meet some of the financial or employment criteria of the permanent Business Owner visa. By obtaining State or Territory sponsorship some of the financial and employment criteria are relaxed. To apply for this particular visa the applicant must be able to satisfy the following:
- The applicant must have held a qualifying provisional visa i.e. Business Owner, Sponsored Business Owner, Senior Executive, Sponsored Senior Executive, Investor or Sponsored Investor visa (in addition there are also special provisions for subclass 495 visa holders).
- Have been in Australia for a cumulative period of at least 12 months out of the previous 2 years before the application.
-
In your main business (or two main businesses) in Australia, you have had and continue to have direct and continuous management for at least two years immediately before you apply. In addition you must own at least:
- 51 per cent of the business where the turnover is less than AUD400 000 per annum
- 30 per cent of the business where the turnover is AUD400 000 or more per annum
- 10 per cent where the business is a publicly listed company.
-
A transitional provision is available if you have purchased a main business in Australia prior to 19 April 2010 and you are applying for this visa. Under these circumstances a minimum of 10 per cent ownership in a main business is required.
- The business must have an ABN and submitted all the required BAS statements to the Australian Tax Office (copies of these must be supplied).
- Unless the regional authority determines there are exceptional circumstances which release the applicant, at least 2 of the following requirements must be met:
- show that in the 12 months immediately before making the application the business/es employed the equivalent of at least 1 full time employee (or a number of part time employees working the equivalent number of hours) who were Australian or New Zealand citizens or permanent residents (employees cannot be part of the applicant's family unit). OR
- show that in the 12 months immediately before making the application he/she (and spouse combined if necessary) held combined net business and personal assets in Australia with a nett value of at least A$250 000. OR
- show that for the 12 months preceding the application, the applicant held net assets in the business (or up to two businesses) with a value of at least A$75 000.
- The applicant must show that either:
- in the 12 months immediately before making the application the business (or up to two businesses together) had a turnover of at least A$200 000 OR
- if the appropriate regional authority has determined that there are exceptional circumstances, the applicant meets two of the three requirements outlined in the preceding dot points above and the applicant's place of business and home are in regional Australia.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia
Established Business Visa (Resident)
This visa is for people who hold a wide range of temporary substantive visas, not just limited to those provisional visas dealt with above.
This visa is for applicants who don't hold one of the above provisional visas but have held an ownership interest of at least 10% in a business for at least 18 months before making the application. The applicant can hold any temporary substantive visa (except for a Special Purpose, Border, Diplomatic, Domestic Worker, Transit or Maritime Crew Visa) and must pass the business skills points test.
- You have enjoyed an overall successful business career
- You have been in Australia for at least 272 days (+- nine months) in the 12 months before you apply.
-
You have had and continue to have, an ownership interest and direct and continuous management, in up to two actively operating main business in Australia for at least 18 months immediately before you apply. You must own at least:
- 51 per cent of the business where the turnover is less than AUD400 000 per annum
- 30 per cent of the business where the turnover is AUD400 000 or more per annum
- 10 per cent where the business is a publicly listed company.
A transitional provision is available if you have purchased a main business in Australia prior to 19 April 2010 and you are applying for this visa. Under these circumstances a minimum of 10 per cent ownership in a main business is required.
-
Your (or you and your partner's) total assets in Australia for the 12 months prior to applying were greater than A$250,000.
- Your (or you and your partner's) total net assets in your main business (or two main businesses) in Australia for the 12 months prior to application were greater than A$100,000.
- You have been actively involved in, and responsible for, the day to day management and overall performance of your main business.
- Neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia
- You must score at least 105 points in the business points tests
- Points test:
|
Your age when you apply
|
Points
|
|
Under 20
|
0
|
|
20-29
|
20
|
|
30-44
|
30
|
|
45-49
|
25
|
|
50-54
|
10
|
|
Over 55
|
0
|
|
Your level of English at the time your visa is decided
|
Points
|
|
Better than functional English
|
30
|
|
Functional English
|
20
|
|
Bilingual in non-English languages
|
10
|
|
Limited English
|
10
|
|
No English
|
0
|
|
Throughout the 12 months immediately prior to applying your main business (or two main business):
|
Points
|
|
Employed at least three full-time (or equivalent) Australian permanent residents, Australian citizens or eligible New Zealand citizens (who are non-family members)
and
|
60
|
|
If your (or your and your partner's) total net assets in Australia, or available for transfer to Australia within two years are:
|
Points
|
|
At least AUD$2 500 000
|
15
|
|
At least AUD$1 500 000
|
10
|
|
At least AUD$500 000
|
5
|
|
Less than AUD$500 000
|
0
|
Sponsored Regional Established Business Owner Visa (Resident)
This visa is specifically for subclass 457 visa holders:
If you hold a subclass 457 Business (Long Stay) visa and:
- You have been in Australia as a temporary resident for at least 12 months cumulatively out of the last 24 months before the date of application.
-
You have had and continue to have, an ownership interest and direct and continuous management, in up to two actively operating main business in Australia for at least two years immediately before you apply. You must own at least:
- 51 per cent of the business where the turnover is less than AUD400 000 per annum
- 30 per cent of the business where the turnover is AUD400 000 or more per annum
- 10 per cent where the business is a publicly listed company.
A transitional provision is available if you have purchased a main business in Australia prior to 19 April 2010 and you are applying for this visa. Under these circumstances a minimum of 10 per cent ownership in a main business is required.
- Your main business/businesses have had a turnover of at least A$200,000 or has total exports of at least A$100,000; in each of the two years immediately before you apply.
- Your (or you and your partner's) total net assets in Australia were at least A$200,000 for the two years before you apply.
- Your (or you and your partner's) net assets in your main business (or two main businesses) in a designated area of Australia were no less than A$75,000 in the 24 months before you apply.
- You have been actively involved in, and directly responsible for, the day to day management and overall performance of your main business (or two main businesses) for the 24 months before you apply.
- You have an overall successful business career.
- Neither the applicant and/or his spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia
- Made the requisite notifications to the relevant State/Territory about business history in a designated area.
- You must score at least 105 points in the regional established business in the points test (unless there are exceptional circumstances).
- Points test:
|
Your age when you apply
|
Points
|
|
Under 20
|
0
|
|
20-29
|
20
|
|
30-44
|
30
|
|
45-49
|
25
|
|
50-54
|
10
|
|
Over 55
|
0
|
|
Your level of English at the time your visa is decided
|
Points
|
|
Better than functional English
|
30
|
|
Functional English
|
20
|
|
Bilingual in non-English languages
|
10
|
|
Limited English
|
10
|
|
No English
|
0
|
|
For the two years prior to applying for your main business (or two main business employed:
|
Points
|
|
At least three full-time (or equivalent) Australian permanent residents, Australian citizens or eligible New Zealand citizens (who are non-family members).
|
60
|
|
At least two full-time (or equivalent) Australian permanent residents, Australian citizens or eligible New Zealand citizens (who are non-family members).
|
40
|
|
If your (or your and your partner's) total net assets in Australia, or available for transfer to Australia within two years are:
|
Points
|
|
At least A$2,500,000
|
15
|
|
At least A$1,500,000
|
10
|
|
At least A$500,000
|
5
|
|
Less than $500,000
|
0
|
|
For sponsorship by an authorized Australian State/Territory business development agency.
|
15 points
|
Investor Visa (Resident)
This permanent visa is for people holding a Provisional Investor visa
To make a valid application the applicant must:
- neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia
- have been in Australia as the holder of a provisional Investor visa for a total of at least 2 years in the four years immediately before making the application and,
- have a genuine commitment to continue to maintain a business or investment activity in Australia after the grant of the visa.
- At time of decision, the designated investment held in your name (or you and your partner together) has been held continuously for at least 4 years.
Sponsored Investor Visa (Resident)
This permanent visa is for people holding a Sponsored Provisional Investor visa
To make a valid application the applicant must:
- continue to be sponsored by an appropriate regional authority of a State or Territory government
- neither the applicant and/or their spouse have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia
- have been in Australia as the holder of a provisional Sponsored Investor visa in he designated State or Territory for a total of at least 2 years in the four years immediately before making the application and,
- have a genuine commitment to continue to maintain a business or investment activity in Australia after the grant of the visa.
- At time of decision, the designated investment held in your name (or you and your partner together) has been held continuously for at least 4 years.


