BUSINESS
MIGRATION
Employer-sponsored Migration
There are four categories for employer-sponsored
migration to Australia:
•
The Employer Nomination Scheme (ENS) has been developed for
Australian employers to recruit permanent, highly-skilled staff
from overseas or from people temporarily in Australia, when
the employers have been unable to fill a vacancy from within
the Australian labour market or through their own training programs.
•
The Regional Sponsored Migration Scheme (RSMS) is designed to
help employers in regional or low population growth areas of
Australia, who are unable to fill skilled vacancies from the
Australian labour market.
•
Labour Agreements (LA) enable Australian employers to recruit
(either permanently or temporarily) a specified number of workers
from overseas in response to identified or emerging labour market
(or skill) shortages in the Australian labour market.
•
Invest Australia Support Skills (IASS) program is designed to
encourage international firms to choose Australia as a location
for foreign direct investment. It allows companies that make
a significant investment in Australia to bring out essential
key expatriate managerial and specialist employees from within
the company group (this program replaced Regional Headquarters
agreements from 1 July 2002).
You must
first apply for a Business Owner (Provisional) visa. If you are
successful, you will be granted a visa for a period of 4 years.
You can
be outside Australia or in Australia, but you must lodge your
application at one of the three Business Skills processing centres
in either Hong Kong, Taipei or Perth, depending on where you usually
live.
Providing
you have successfully operated a business in Australia for at
least two years and you continue to hold a valid Business Skills
(Provisional) visa, you will be eligible to apply for a permanent
Business Owner (Residence) visa (permanent residence). You must
apply in Australia.
If an applicant
has sponsorship from a State or Territory government and applies
under the State/Territory Sponsored Business Owner (Provisional)
or (Residence) visa, they are considered against lower threshold
criteria.
To make an application for the Business
Owner (Provisional) visa, business owners will need to
show that they:
If unsponsored
•
have an overall successful business career;
•
have an ownership interest of at least 10% in a business;
•
have significant net assets in business;
•
have significant business and personal assets;
•
have sufficient net assets to settle in Australia;
•
have achieved a significant annual turnover in your business;
•
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;
•
be less than 45 years old; and
•
have vocational English.
•
be sponsored by a State or Territory government;
•
have an overall successful business career;
•
have significant business and personal assets;
•
have achieved a significant annual turnover in your business
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
•
be less than 55 years old unless exceptional circumstances exist.
To make an application for the
Business Owner (Residence) visa, business owners will
need to show that they:
If unsponsored
•
hold any of the Business Skills (Provisional) visas;
•
have an ownership interest in one or more actively operating
main business(es) for at least 2 years;
•
be involved in strategic management of the business(es);
•
employ at least 2 Australian citizen or permanent resident employees
who are not family members;
•
have substantial business and personal assets;
•
have substantial net assets in business;
•
have achieved a significant annual turnover in your business;
•
have no history of unacceptable business activities; and
•
have been in Australia as the holder of a qualifying visa for
at least 1 year in the last 2 years.
•
be sponsored by a State or Territory government;
•
hold any of the Business Skills (Provisional) visas or a Temporary
Business (Long Stay) Independent Executive visa;
•
have an ownership interest in one or more actively operating
main business(es) for at least 2 years;
•
be involved in strategic management of the business;
•
have substantial net assets in business or have substantial
net business and personal assets or employ at least 1 Australian
citizen or permanent resident; employee who is not a family
member (you must 2 out of these 3 points unless you are able
to provide waiver from sponsoring State/Territory);
•
have achieved a significant annual turnover in your business;
•
have no history of unacceptable business activities; and
•
have been in Australia as the holder of a qualifying visa for
at least 1 year in the last 2 years.
Senior Executives
You must first apply for a Senior Executive
(Provisional) visa. If you are successful, you will be granted
a visa for a period of 4 years.
You can be outside Australia or in Australia,
but you must lodge your application at one of the 3 Business
Skills processing centres in either Hong Kong, Taipei or Perth,
depending on where you usually live.
Providing you have successfully operated
a business in Australia for at least two years and you continue
to hold a valid Senior Executive (Provisional) visa, you will
be eligible to apply for a permanent Business Owner (Residence)
visa (permanent residence). You must apply in Australia.
If an applicant has sponsorship from a State
or Territory government and applies under the State/Territory
Sponsored Senior Executive (Provisional) or Business Owner
(Residence) visa, they are considered against lower threshold
criteria.
To make an application for the Senior
Executive (Provisional) visa, senior executives will need
to show that they:
If unsponsored
•
have an overall successful business career;
•
be employed in one of the top 3 levels of management of a major
business;
•
have significant business and personal assets;
•
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;
•
be less than 45 years old; and
•
have vocational English.
•
be sponsored by a state or territory government;
•
have an overall successful business career;
•
be employed in one of the top 3 levels of management of a major
business;
•
have significant business and personal assets;
•
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
•
be less than 55 years old unless exceptional circumstances exist.
Investors
You must first apply for a Investor (Provisional)
visa. If you are successful, you will be granted a visa for
a period of 4 years.
You can be outside Australia or in Australia,
but you must lodge your application at one of the three Business
Skills processing centres in either Hong Kong, Taipei or Perth,
depending on where you usually live.
Providing you have successfully maintained
your Designated Investment for the minimum 4 years and you
continue to hold a valid Investor (Provisional) visa, you
will be eligible to apply for a permanent Investor (Residence)
visa or a permanent Business Owner (Residence) visa. You must
apply in Australia.
If an applicant has sponsorship from a State
or Territory government and applies for the State/Territory
Sponsored Investor (Provisional), State/Territory Sponsored
Investor (Residence) or a State/Teritory Sponsored Business
Owner (Residence) visa, they are considered against lower
threshold criteria.
To make an application for the Investor
(Provisional) visa, investors will need to show that they:
If unsponsored
•
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;
•
have sufficient net assets to settle in Australia;
•
have no history of unacceptable business activities;
•
be less than 45 years old; and
•
have vocational English.
•
be sponsored by a State or Territory government and intend to
live in that State or Territory for a minimum of 2 years;
•
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;
•
have sufficient net assets to settle in Australia;
•
have no history of unacceptable business activities; and
•
be less than 55 years old, unless exceptional circumstances
exist.
To make an application for the Investor
(Residence) visa, investors will need to show that they:
If unsponsored
•
hold an Investor (Provisional) visa;
•
have maintained your designated investments for the minimum
4 years; and
•
have been in Australia as the holder of a qualifying visa for
at least 2 years in the last 4 years.
•
be sponsored by a State or Territory government;
•
hold a State/Territory Sponsored Investor (Provisional) visa;
•
have maintained your designated investments for the minimum
4 years; and
•
have been resident in the sponsoring state or territory as the
holder of a qualifying visa for at least 2 years in the last
4 years.
Business Talent
High-calibre business persons may apply for
direct permanent residence in the first instance. If you are
successful you will be granted a permanent visa.
You can be outside Australia or in Australia,
but you must lodge your application at one of the three Business
Skills processing centres in either Hong Kong, Taipei or Perth,
depending on where you usually live.
You must have sponsorship from a State or
Territory government.
To make an application for the Business
Talent visa, business people will need to show that they:
•
be sponsored by a State or Territory government;
•
have an overall successful business career;
•
have significant net assets in business;
•
have significant business and personal assets;
•
have achieved a significant annual turnover in your 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
•
be less than 55 years old unless exceptional circumstances exist.
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