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).

Business Owners

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.

If sponsored

• 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.

If sponsored

• 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.

If sponsored

• 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.

If sponsored

• 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.

If sponsored

• 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.

EMAIL US:

migration@bridgeblue.com.au

BACK TO

Bridge Blue Pty Ltd Suite 902 Level 9, 276 Pitt Street

Sydney 2000 NSW Australia
Tel: +61 2 92690110   Fax: +61 2 92690197
Email: study@bridgeblue.com.au