From 1 March 2003, there were major changes to business skills entry visa requirements.

Now you apply for a Business Skills (Provisional) visa which is valid for four years and after establishing the requisite level of business activity or maintaining their investment, you will be eligible to make an application for permanent residence.

A direct permanent residence category will still be available for high-calibre business migrants sponsored by State/Territory governments. This is known as the Business Talent visa.

Business owners, senior executives and investors can apply for a visa under the Business Skills category at one of the three Business Skills Processing Centres.

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.

The Business Skills program is now divided into four categories:

1. business owner: for owners or part-owners of a business;
2. senior executive: for senior executive employees of major businesses;
3. investment: for investors/business people willing to invest in Australia;
4. business talent: for high-calibre business people who have sponsorship from a State/Territory government.

The Business Skills program retains the following categories:

1. established business in Australia (EBA): for people temporarily in Australia who are owners or part owners of a business; and

2. regional established business in Australia (REBA): for people temporarily in Australia who are owners or part owners of a business in a designated area of Australia.

PLEASE NOTE THAT the following Business Skills visas ceased as of 1 March 2003:

• 127 Business Owner
• 128 Senior Executive
• 129 State/Territory Sponsored Business Owner
• 130 State/ Territory Sponsored Senior Executive
• 131 Investment Linked
• 840 Business Owner
• 841 Senior Executive
• 842 State/Territory Sponsored Business Owner
• 843 State/ Territory Sponsored Senior Executive
• 844 Investment Linked
• 457IE Temporary Business Long Stay Independent Executive (offshore only)

The following Business Skills visas will continue:

• 845 Established Business in Australia
• 846 Regional Established Business in Australia
• 457IE FAO Temporary Business Long Stay (Independent Executive) Further Application Onshore

Lets now consider briefly what the major changes have in store for would be migrants. Please note that the information provided here is only of a general nature. You should see a migration agent for proper advice.

SENIOR EXECUTIVE
Summary of migration requirements

1. First apply for a Senior Executive (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

2. If 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.

Applicants sponsored by a State or Territory government and who apply under the State/Territory Sponsored Senior Executive (Provisional) or Business Owner (Residence) visa, are considered against lower threshold criteria.

State and Territory governments have their own criteria for deciding whom they will sponsor. Speak to your State Government Sponsorship board.

To make an application for the Senior Executive (Provisional) visa, senior executives will need to show that they:

If unsponsored then it is Subclass 161 Senior Executive (Provisional)

• have an overall successful business career;
• be employed in one of the top 3 levels of management of a major business (defined as a business with a AUD$50 million turnover) for at least 2 out of 4 years immediately before the application;
• have significant business and personal assets (defined as at least AUD$500,000);
• 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 then it is Subclass 164 State/Territory Sponsored Senior Executive (Provisional)

• 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 (defined as a business with a turnover of AUD$10 million in at least 2 out of 4 years immediately before application.;
• have significant business and personal assets (defined as AUD$250,000);
• 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.

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INVESTMENT
Summary of migration requirements

1. First apply for an Investment (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

2. If you have successfully maintained your designated investments for the minimum 4 years and you continue to hold a valid Investment (Provisional) visa, you will be eligible to apply for a permanent Investment (Residence) visa or a permanent Business Owner (Residence) visa. You must apply in Australia.

Applicants sponsored by a State or Territory government and who apply under the State/Territory Sponsored Investment (Provisional) or (Residence) or Business Owner (Residence) visa are considered against lower threshold criteria.

State and Territory governments have their own criteria for deciding whom they will sponsor.

To make an application for the Investment (Provisional) visa, investors will need to show that they:

If unsponsored then it is Subclass 162 Investor (Provisional)

• have a successful record of business or investment management (defined as at least 3 years) with a net total value of at least AUD$1.5 million;
• be willing to make a significant investment in a government approved Designated Investment (defined as AUD$1.5 million);
• have significant business and personal assets (defined as AUD$2.25 million) for 2 years before the migration application;
• 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 then it is Subclass 165 State /Territory Sponsored Investor (Provisional)

• 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 valued at at least AUD$750,000;
• be willing to make a significant investment in a government approved Designated Investment of at least AUD$750,000;
• have significant business and personal assets (defined as AUD$1.125 million);
• 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 Investment (Residence) visa, investors will need to show that they:

If unsponsored Subclass 891 Investor

• 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 Subclass 893 State/Territory Sponsored Investor

• 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.

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BUSINESS OWNER
Summary of migration requirements

1. First apply for a Business Owner (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

2. If 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.

To make an application for the Business Owner (Provisional) visa, business owners will need to show that :

If unsponsored then it is Subclass 160 Business Owner (Provisional)

• have an overall successful business career;
• have an ownership interest of at least 10% in a business;
• have significant net assets in business (defined as AUD$200,000 for 2 out of 4 years);
• have significant business and personal assets (defined as AUD$500,000);
• have sufficient net assets to settle in Australia (defined as sufficient funds to resettle in Australia in addition to the AUD$500,000);
• have achieved a significant annual turnover in your business (defined as $500,000 in 2 out of 4 years);
• 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 then it is Subclass 163 State/Territory Sponsored Business Owner (Provisional)

• be sponsored by a state or territory government;
• have an overall successful business career;
• have significant business and personal assets (defined as AUD$250,000 for the conduct of business);
• have achieved a significant annual turnover in your business (defined as AUD$300,000 in 2 out of 4 years) or have continuous employment record at senior level for at least 4 years;
• have sufficient net assets to settle in Australia (defined as assets in addition to AUD$250,000 which the department is satisfied are of a sufficient net value 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 then it is Subclass 890 Business Owner

• 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 for 12 months before applying;
• have substantial business and personal assets (defined as AUD$250,000 for 12 months before applying);
• have substantial net assets in business (defined as AUD$100,000 in the 12 months before applying);
• have achieved a significant annual turnover in your business (defined as AUD$300,000 in the 12 months before applying);
• 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 then its Subclass 892 State/Territory Sponsored Business Owner

• 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;

AND NOTE you must have 2 out of the following 3 points unless you are able to provide waiver from sponsoring state/territory);

• have substantial net assets in business (defined as AUD$75,000 in 12 months before applying)
• OR have substantial net business and personal assets (defined as AUD$250,000 in 12 months before applying)
• OR employ at least 1 Australian citizen or permanent resident employee who is not a family member for 12 months before applying.

ALSO you must

• have achieved a significant annual turnover in your business (defined as AUD$200,000 in 12 months before applying);
• 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.

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BUSINESS TALENT SUBCLASS 132
Summary of migration requirements

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 must have sponsorship from a State or Territory government.

State and Territory governments have their own criteria for deciding whom they will sponsor. Speak to your State Government Sponsorship board.

To make an application for the Business Talent visa, business people will need to show that they will:

• be sponsored by a State or Territory government;
• have an overall successful business career;
• have significant net assets in business (defined as at least AUD$400,000 for 2 out of 4 years);
• have significant business and personal assets (defined as AUD$1.5 million);
• have achieved a significant annual turnover in your business (defined as AUD$3 million;
• 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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ESTABLISHED BUSINESS IN AUSTRALIA SUBCLASS 845
Summary of migration requirements

Business people who have established a business in Australia can only apply to migrate under the Established Business in Australia category while they are in Australia with a temporary visa other than a bridging visa or a criminal justice visa.

They need to show they have had at least a 10 percent ownership in an Australian business, for at least 18 months prior to their application.

Details of the requirements

To be eligible under the Established Business in Australia category you will need to show that:

• you are the holder of a temporary substantive visa - that is, a visitor, student or temporary resident visa other than a special purpose, border, diplomatic, domestic worker or transit visa;
• you have been in Australia for a minimum of 9 months cumulatively in the 12 months before the date of application;
• you have held an ownership interest of at least 10% in one or more main businesses in Australia for at least 18 months immediately before applying;
• your (or your and your spouse's) total net assets in Australia for the 12 months prior to application were greater than A$250,000;
• your (or your and your spouse's) net assets in business in Australia for the 12 months prior to application were greater than A$100,000;
• you have been actively involved in, and directly responsible for, the day to day management and overall performance of your main business(es);
• you have an overall successful business career;
• you have not been involved in business or investment activities considered unacceptable in Australia; and
• you score at least 105 points in the established business in Australia points test.

The points test categories are age, language ability, business attributes and net assets (further details are in Booklet 7, Business Skills Migration).

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• be in Australia and hold a Business (Long Stay) 457 visa;
• have had an ownership interest in a main business* in a designated area** of Australia for at least two years immediately before you apply (and continue to have an interest of that kind);
• be registered with a State/Territory Government authority which will provide sponsorship when the application is decided.

• you (or you and your spouse) must own at least 10% of its value;
• you must be actively involved in its day to day management; and
• it must be active, providing goods and/or services to the public and not set up primarily for speculative or passive investment purposes.

You may have up to two main business.

Designated areas are:

All of Victoria, South Australia, Tasmania, Australian Capital Territory and Northern Territory

New South Wales - entire state except Sydney, Newcastle and Wollongong

Queensland - entire state except Brisbane, Sunshine Coast and Gold Coast

Western Australia - entire state except Perth metropolitan region

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Total net assets in Australia AUD$200 000

Net assets in business in Australia AUD$75 000

Turnover AUD$200 000 or exports of at least AUD$100 000

Points test 105

• Persons employed : Must have at least 2 full-time employees or part-time pro-rata equivalent throughout a 2 year period to score points.
• Period of residence: Must have been in Australia as a temporary resident for at least 12 months out of the last 24 months immediately before applying.
• Ownership interest: Must have held an ownership interest, of at least 10%, in one or more established main businesses in a designated area in Australia for at least 2 years immediately before applying, and continue to have an interest of that kind.

It is still debatable whether the new changes will encourage a higher level of applications. It is however clear that the state of migration regulations are constantly changing to adapt to the government’s demands. It is imperative that proper advice be obtained so that a proper and successful application can be lodged.

It is best that you contact Raymond Tan to discuss your migration aspirations. Raymond Tan is a member of the Migration Institute of Australia and a registered migration agent.

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On the lighter side

The Legal Mind in Action. Another series of silly questions by purportedly brilliant minds


Attorney: Doctor, as a result of your examination of the plaintiff, is the young lady pregnant?
Witness: The young lady is pregnant - but not as a result of my examination.

Attorney: What is the meaning of sperm being present?
Witness: It indicates intercourse.
Attorney: Male sperm?
Witness: That is the only kind I know.

Attorney: Do you have any children or anything of that kind?

Attorney: She had three children, right?
Witness: Yes.
Attorney: How many were boys?
Witness: None.
Attorney: Were there girls?

Attorney: Please state the nature of your relationship to the minor child?
Witness: I'm his mother.
Attorney: And you have been so all of his life?

Attorney: What is your relationship with the plaintiff?
Witness: She is my daughter.
Attorney: Was she your daughter on February 13, 1979?

Attorney: Were you acquainted with the deceased?
Witness: Yes, sir.
Attorney: Before or after he died?

Attorney: Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning?

Attorney: When was the last time you saw the deceased?
Witness: At his funeral.
Attorney: Did he make any comments to you at that time?

Attorney: I show you Exhibit 3 and ask you if you recognize that picture.
Witness: That's me.
Attorney: Were you present when that picture was taken?

Attorney: Can you describe the individual?
Witness: He was about medium height and had a beard.
Attorney: Was this a male or female?