Migration Help
6th February 2010, 06:51 PM
Australia welcomes business investors with capital and business skills who want to establish a business in Australia and live here too.
Business investment is one path to obtaining the sought-after benefits of Australian residency - its superior lifestyle, high standard of living, social mobility and educational opportunities. If you want to start a business in Australia, or invest in an existing Australian business, you may be entitled to an Australian temporary residence visa. Later, if your business meets certain conditions, you can use it to apply for permanent residency.
It is an attractive prospect, but the process can be complex and full of uncertainties. You need to understand more than just the criteria and documentation that you will require for your visa application.
Business Skills Visas
General Background:
The Business Skills visas target successful business owners, senior managers, senior executives and investors who wish to come to Australia to establish or buy into a business or make a designated investment.
Under current regulations most prospective Business Skills entrants wishing to obtain permanent residence in Australia based on their business or investor backgrounds must undergo a two-stage visa process - with one exception. High calibre business migrants who are sponsored by a State or Territory Government can apply under the direct permanent residence category known as the Business Talent Visa and do not need to proceed down the two-stage process.
At the first stage, successful business applicants will receive a provisional four-year visa. During this time it is expected that holders of this visa will either become actively engaged in business in Australia or maintain the requisite level of investment in Australia (depending on the visa sub class applied for).
At the second stage holders of this provisional visa, who meet the prescribed requirements, can apply for a permanent visa.
When applying for a provisional business visa, applicants should note they have the option of obtaining State or Territory government sponsorship. Visas are usually easier to obtain if the applicant receives sponsorship as they are considered against lower threshold criteria. Be careful here though as each state imposes its own requirements on what it expects from a sponsored business visa applicant. These requirements are often quite different to the DIAC criteria a business applicant needs to meet.
All applicants for Provisional Business Skills and the Business Talent visa are required to document either a successful career in a business or successful eligible investment activity, with such business or activity being considered legally and ethically acceptable in Australia.
In addition, all business visa holders (excluding the Investor class) are expected to:
Obtain a substantial ownership interest in an Australian business and actively participate at a senior level in the day-to-day management of the business;
Contribute to the Australian economy by either developing business links with international markets; creating or maintaining employment in Australia; exporting Australian goods or services; producing goods or services that would otherwise be imported; introducing new or improved technology; or, adding to the overall competitiveness within sectors of the Australian economy.
Complete a survey two years after their arrival detailing their business activities in Australia during that time. Failure to comply could negatively impact upon a future application for permanent residence.
Applicants for the Investor visas must maintain their Designated Investment for a 4-year term. Holders of these visas are not required to complete monitoring surveys.
Final Word
Remember, a mistake at the outset of the process can be costly. It’s imperative you get it right from the start, thus enhancing the opportunity to gain permanent residency in Australia as well as develop a successful, profitable business.
As a business investor, you need to understand how to succeed in the Australian business environment. It makes sense that you invest in a business opportunity capable of generating long-term income and wealth and, in particular, one that will meet the Australian Government’s requirements for permanent residency.
If you undertake such an investment in an unstructured and poorly advised manner, you increase the risk that your application for permanent residency may ultimately prove unsuccessful. Good professional advice will help avoid this.
MH
Business investment is one path to obtaining the sought-after benefits of Australian residency - its superior lifestyle, high standard of living, social mobility and educational opportunities. If you want to start a business in Australia, or invest in an existing Australian business, you may be entitled to an Australian temporary residence visa. Later, if your business meets certain conditions, you can use it to apply for permanent residency.
It is an attractive prospect, but the process can be complex and full of uncertainties. You need to understand more than just the criteria and documentation that you will require for your visa application.
Business Skills Visas
General Background:
The Business Skills visas target successful business owners, senior managers, senior executives and investors who wish to come to Australia to establish or buy into a business or make a designated investment.
Under current regulations most prospective Business Skills entrants wishing to obtain permanent residence in Australia based on their business or investor backgrounds must undergo a two-stage visa process - with one exception. High calibre business migrants who are sponsored by a State or Territory Government can apply under the direct permanent residence category known as the Business Talent Visa and do not need to proceed down the two-stage process.
At the first stage, successful business applicants will receive a provisional four-year visa. During this time it is expected that holders of this visa will either become actively engaged in business in Australia or maintain the requisite level of investment in Australia (depending on the visa sub class applied for).
At the second stage holders of this provisional visa, who meet the prescribed requirements, can apply for a permanent visa.
When applying for a provisional business visa, applicants should note they have the option of obtaining State or Territory government sponsorship. Visas are usually easier to obtain if the applicant receives sponsorship as they are considered against lower threshold criteria. Be careful here though as each state imposes its own requirements on what it expects from a sponsored business visa applicant. These requirements are often quite different to the DIAC criteria a business applicant needs to meet.
All applicants for Provisional Business Skills and the Business Talent visa are required to document either a successful career in a business or successful eligible investment activity, with such business or activity being considered legally and ethically acceptable in Australia.
In addition, all business visa holders (excluding the Investor class) are expected to:
Obtain a substantial ownership interest in an Australian business and actively participate at a senior level in the day-to-day management of the business;
Contribute to the Australian economy by either developing business links with international markets; creating or maintaining employment in Australia; exporting Australian goods or services; producing goods or services that would otherwise be imported; introducing new or improved technology; or, adding to the overall competitiveness within sectors of the Australian economy.
Complete a survey two years after their arrival detailing their business activities in Australia during that time. Failure to comply could negatively impact upon a future application for permanent residence.
Applicants for the Investor visas must maintain their Designated Investment for a 4-year term. Holders of these visas are not required to complete monitoring surveys.
Final Word
Remember, a mistake at the outset of the process can be costly. It’s imperative you get it right from the start, thus enhancing the opportunity to gain permanent residency in Australia as well as develop a successful, profitable business.
As a business investor, you need to understand how to succeed in the Australian business environment. It makes sense that you invest in a business opportunity capable of generating long-term income and wealth and, in particular, one that will meet the Australian Government’s requirements for permanent residency.
If you undertake such an investment in an unstructured and poorly advised manner, you increase the risk that your application for permanent residency may ultimately prove unsuccessful. Good professional advice will help avoid this.
MH