Business skills migration requirements

All immigration to Australia is controlled by the Federal government through the Department of Immigration and Citizenship (DIAC). Because of the potential cost and complexity of business visa applications, people considering migrating to Tasmania are strongly advised to visit DIAC’s website to familiarise themselves with the requirements for Business Skills migration, particularly book seven Business Skills Entry and the various visa options available. The following outline is a guide only.

Most business people migrate to Australia through a two-stage business visa system where an initial provisional visa leads to permanent residence - provided an applicant becomes actively involved in the management, as an owner or part owner, of a business which meets at least one of the following criteria:

develops business links with international markets
creates or maintains employment for Australian citizens or permanent residents
exports Australian goods and services or contributes to import replacement
introduces new or improved technology
adds to commercial and competitiveness within sectors of the Australian economy.

To encourage business migrants to settle in regional, rural and low-growth areas of Australia (which includes all of Tasmania) individual state governments may sponsor business skills applicants who wish to settle in their state - at both the provisional and permanent visa stages. The criteria for sponsored visas are less stringent than unsponsored visas.

The Tasmanian Government can sponsor migrants under the following visas:

State/territory sponsored business owner (provisional) visa – subclass 163
State/territory sponsored senior executive (provisional) visa – subclass 164
State/territory sponsored investor (provisional) visa – subclass 165

leading to

State/territory sponsored business owner (residence) visa – subclass 892
State/territory sponsored investor (residence) visa – subclass 893

"High calibre" applicants may be eligible for permanent residency under the Business talent (migrant) visa – subclass 132 on the basis of their overseas business activities.

The requirements for the State/territory sponsored business owner (provisional and permanent) visas only are outlined on this site. Applicants seeking more detailed information or information on other business visas should consult DIAC's book seven, Business Skills Entry.

Stage one - Provisional entry

You have been sponsored by an Australian state or territory government.
You have an overall successful business career.
For two of the four years prior to application you have (or had) an ownership interest in a main business (or businesses) with an annual turnover of at least AUD $ 300,000
or
You have had a sound continuous business employment record in senior management role in a qualifying business for at least 4 years immediately before application is made and have demonstrated a high level of management skill.

You have business and personal net assets of at least AUD$250,000 which are lawfully acquired and available to transfer to Australia to conduct or establish a business in Australia plus additional assets available to settle in Australia.
You are under 55, unless exceptional economic benefit to the state is demonstrated.
You have not been engaged in a business where the provision of technical, trade or professional services took up more than 50 per cent of your time.
You meet strict health and character requirements.
You have a realistic commitment to establish or participate in a qualifying business in Australia and maintain substantial ownership and direct and continuous involvement in the management of that business.

Stage two – Permanent residence

You have been sponsored by an Australian state or territory government.
You hold one of the provisional business skills visas (for example: a State/territory sponsored business owner (provisional visa).
You have had, and continue to have, an ownership interest in one or more actively operating main businesses in Australia for at least two years before applying for permanent residence.
For each of your main businesses an Australian Business Number (ABN) has been obtained and all Business Activity Statements (BAS) required by the Australian Tax Office (ATO) for that period have been submitted to the ATO and are included in the permanent residence application.
Unless the sponsoring state government has determined there are exceptional circumstances, you must meet at least two of the following three requirements:

Throughout the 12 months immediately before the application is made your main business (or businesses) employed the equivalent of at least 1 full time employee who is an Australian citizen or permanent resident or New Zealand passport holder and who is not a member of your family unit.
Throughout the 12 months immediately before the application is made the net value of your personal and business assets in Australia has been at least AUD $250,000.
Throughout the 12 months immediately before the application is made the net value of your assets in the main business (or businesses) in Australia is at least AUD $75,000.

In the 12 months prior to applying for permanent residence your main business, or main businesses together, had a turnover of at least AUD $200,000.
Neither you nor your spouse have been involved in business activities which are not generally acceptable in Australia.
You have been in Australia holding a qualifying visa visas - eg State/territory sponsored business owner (provisional) visa - for a total of at least one year in the two years immediately before applying for permanent residence.

Contact:
The Manager - Business Migration
Department of Economic Development, Tourism and the Arts
GPO Box 646
Hobart Tasmania, Australia 7001
ph: +61 3 6233 5888
fax: +61 3 6233 5800
email: businessmigration@development.tas.gov.au

Useful links

Multicultural Tasmania

Australian Department of Immigration and Citizenship (DIAC)

Registered Migration Agents

Foreign Investment Review Board FIRB