Designed to attract people with business and/or investment
skills whose migration will result in one or more of the
following benefits to Australia:
-
enhanced business
and investment skills
-
business links with
international markets (esp. Asia-Pacific region)
-
more jobs
-
increased exports
-
import replacement
-
use of new or improved
technology
-
increased commercial
activity and competitiveness.
(i)
Business Talent (Migrant)
Requirements include net assets in qualifying business of
$400,000.00 and a turnover of $3,000,000.00 for two of the
four fiscal years preceding application lodgement. Applicants
need business and personal assets of at least $1,500,000.
The age limit is 54. Commitment to business activity in Australia
and sponsorship by a State or Territory government is a requirement.
The Business Talent category is the only direct entry category
by which persons overseas can obtain Australian permanent
residence on business grounds.
(ii) Provisional
Business Visas
Applicants who cannot meet Business Talent requirements must
apply for a provisional visa as a business owner, senior executive
or investor. Within these categories, there is a distinction
between State/Territory sponsored applicants and others. The
criteria for State/Territory applicants are less demanding
than for persons who are not sponsored. For instance, the
financial criteria are substantially lower for State/Territory
sponsored applicants, the age limit is 54 (44 if not sponsored)
and there is no vocational English requirement.
Provisional visas are valid for 4 years.
Persons landing on provisional visas who subsequently become
successfully involved in business activity in Australia can
apply for residence visas, either in their own right or with
State/Territory sponsorship. Again the requirements are lower
for sponsored applicants.
For all State/Territory sponsored business skills applications,
principal applicants and dependants over the age of 18 who
do not have functional proficiency in English will have to
pre-pay part of the cost of language training in Australia
(principal applicant $5,735, dependants $2,860). Non-State/Territory
sponsored principal applicants are required to have vocational
English in order to qualify and dependants over 18 are required
to have functional English or pay the charge.
(iii) Established
Business in Australia Category
The Established Business in Australia category provides an
opportunity for temporary residents to obtain permanent residence
if they have successfully established a business in Australia
which meets certain criteria. These include employment of
3 Australians over a period of 12 months and a turnover of
$200,000 or exports of $100,000. Net assets in Australia of
$250,000 over the 12 months prior to application lodgment
including net business assets in Australia of $100,000. A
points test also applies.
2. Temporary
residence
Temporary residents have permission to reside in Australia
for a fixed time period - usually up to 4 years. Sometimes
this can be extended. With the exception of retirees (see
below) they have permission to work. Temporary residents are
not eligible for Medicare and would be liable to pay overseas
student charges if family members are studying. Permission
may be needed from the Foreign Investment Review Board (FIRB)
before temporary residents can purchase urban residential
real estate.
Persons can be sponsored by an operating business in Australia
or overseas for temporary employment to fill skilled positions
for which an employer cannot find a suitable local applicant
or to establish a business or assist in fulfilling contractual
obligations. The usual period of stay is up to 4 years depending
on requirements.
Persons aged 55+ without dependents (other than a spouse)
can retire in Australia as temporary residents with 4 year
visas subject to resources available for transfer of $870,000
or $350,000+ an income of $52,000 p.a. Where the applicant
is the parent of a settled Australian citizen or permanent
resident the figures are $800,000 capital or $315,000 and
an income of $50,000. Part-time work is permissible. No access
to Medicare.
3. Other categories
Opportunities are available for some overseas students completing
courses in Australia within the previous 6 months to apply
for permanent residence in Australia under points tested categories
and to remain in Australia with permission to work while their
applications are processed. Such applicants must have a successful
skill assessment for a 60 point occupation in applying independently
or 50 points occupation if sponsored unless designated area
sponsored in which case a 40 point occupation is permissible.
There are a number of other specialist categories which relate
to New Zealand citizens, former Australian residents and people
with special creative or sporting talents. There are also
refugee and humanitarian entry categories.
4. Review of
a decision to refuse a visa
Decisions made by the Department of Immigration (including
some made at an Australian Embassy, High Commission or Consulate)
may be reviewable. If an error of fact or law has been made
by the processing office of the Department, the decision to
refuse may be set aside upon review.
If you have been refused a visa and wish to find out if the
decision is reviewable by the Migration Review Tribunal (MRT)
or one of the other review bodies, please contact us. We may
be able to assist you in preparing and lodging a review submission.
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