State/Territory Sponsored Business Owner visa (subclass 892)

Features

This is a permanent residence visa.  You will be able to stay in Australia for five years.

Requirements

You might be able to get this visa if you:

  • hold a qualifying provisional visa
  • are sponsored by a state or territory authority.​

About this visa

The State/Territory Sponsored Business Owner visa (subclass 892) is for people who own a new or existing business and are sponsored by a state or territory authority.

You can apply if you already hold a qualifying provisional business visa.

What this visa lets you do

This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia's scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

Before you apply

Before you apply you must get sponsorship from the regional authority in the state or territory in which you intend to continue your main business.

To do this you must complete the sponsorship form:

  • Form 949 State/Territory sponsorship: Business Skills class (115 kB PDF).

Send the completed form to the appropriate state or territory authority.

A representative will sign, stamp and send it back to you. You must include this completed form with your visa application.

Your passport

You need a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

Cost

The visa application charges are listed in Fees and charges.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

Visa applicants

This information tells you what you need to do to apply for a State/Territory Sponsored Business Owner visa (subclass 892).

Who could get this visa

You might be able to get this visa if:

Business requirements

You must show you can meet the following requirements for:

  • business operations
  • business ownership
  • assets and employees
  • business turnover.

Business operations

You must show:

  • you have had direct and continuous management of up to two businesses operating in Australia for the past two years
  • you have lodged Business Activity Statements (BAS) to the Australian Taxation Office for the past two years for all the businesses included in your application.

Business ownership

You must own at least one of the following:

  • 51 per cent of the business where the annual turnover is less than AUD400 000
  • 30 per cent of the business where the annual turnover is more than AUD400 000
  • 10 per cent of a publicly listed company
  • 10 per cent of your main business in Australia if purchased before 19 April 2010.

Assets and employees

You meet at least two of the following three requirements, unless a state or territory authority has accepted there are exceptional circumstances:

  • Net business assets - the net value of your (or you and your partner's combined) assets in the main business (or two main businesses) in Australia is at least AUD75 000 throughout the 12 months immediately before you apply
  • Net personal and business assets - the net value of your (or you and your partner's combined) personal and business assets in Australia has been at least AUD250 000 throughout the 12 months immediately before you apply
  • Provided employment - throughout the 12 months immediately before you apply your (or you and your partner's) businesses employed at least the equivalent of one full–time employee who is both:
    • an Australian citizen, permanent resident or New Zealand passport holder
    • not a member of your family.

Business turnover

You must show that your main business or two main businesses together had a turnover of at least AUD200 000 in the past 12 months. This may not apply if you meet all of the following conditions:

  • you met at least two of the three requirements for Net business assets, Net personal and business assets and Provided employment
  • the appropriate state or territory authority has determined there are exceptional circumstances
  • both your business and residence are located in a designated regional or low-growth area.

Health requirements

You must meet certain health requirements. The results are usually valid for 12 months. Do not arrange a health examination until we ask you to.

This also applies to all dependent family members included in your application, whether they are migrating or not.

Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

This also applies to all dependent family members in the application who are 16 years of age or older.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

Biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Including family in your application

You can include the following people in your visa application:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements.

Your partner and your dependent children can be added to your visa application at any time until it has been been decided.

How to apply

This information explains what you need to do to apply for a State/Territory Sponsored Business Owner visa (subclass 892).

You must be in Australia when you lodge your application. Your family can be in or outside Australia.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

Lodge your application by mail or in person

To apply you must complete:

  • Form 47BU Application for a Business Skills (permanent) visa (589 kB PDF)
  • Form 1217 Business Skills profile: Business Owner (residence) (78 kB PDF).

Lodge your application with the Adelaide office in South Australia - attention Adelaide Business Skills Processing Centre. You must provide all relevant documents.

Email enquiries: business.skills.adelaide@immi.gov.au

You can pay by credit card, debit card, bank cheque or money order made payable to the Department of Immigration and Border Protection.

More information

There is more information to help you prepare your application, such as certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

If you need help with your application, contact the the Adelaide office in South Australia - attention Adelaide Business Skills Processing Centre.

After you have applied

After you have lodged your application and documents, we will let you know that we have received your information.

Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

In Australia:

If you apply for this visa in Australia, you would be able to get a Bridging visa that allows you to stay in the country lawfully while your application is processed. If you are given a Bridging visa A, you can apply for Bridging visa B to travel outside Australia while you wait for a decision.

Provide more information

You can provide more information to us, at any time until a decision is made on the application. If you want to correct information you provided, use:

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in your circumstances

You must tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

You can use the following forms:

If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

Withdrawing your application

You can withdraw the application at any time before we make a decision about it. To do this, send us a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include the number we gave you when you applied, if you know it – this could be a file reference number, client ID, or a Transaction Reference Number.

If you are 18 years of age or older, you must sign the letter of withdrawal or send a separate email or letter.

Visa decision

If the visa is granted, we will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.

You will not have a visa label placed in your passport.

If the visa is not granted, we will let you know:

  • why the visa was refused
  • your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
  • the time limit for lodging an appeal.

Document checklist

You need to provide documents to support your application for this visa. We can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless we specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

Forms

  • Form 47BU Application for Business Skills (permanent) visa (589 kB PDF)
  • Form 1217 Business Skills Profile: Business Owner (Residence) (78 kB PDF)
  • Form 949 State/Territory sponsorship: Business Skills class (115 kB PDF).

Charges

Business documents

  • Overview of your business activities and assets in Australia. Provide a short summary (no more than two pages) addressing:
    • your overall business career. Provide additional details if your or any of your businesses has operated at a loss or is/has been subject to insolvency, receivership or liquidation
    • your ownership interest in your business in Australia including size and length of ownership
    • a summary of your Australian business’ activities
    • your management role in your business over the two years before you lodge your application
    • two of the following:
      • number of employees employed by your business throughout the 12 months before application, their citizenship or residency status and relationship to you, if any
      • your net assets in Australia throughout the 12 months before you lodge your application
      • net assets of your business throughout the 12 months before you lodge your application
    • turnover of your business for the 12 months before you lodge your application.
  • Evidence of business ownership for two years before you lodge your application. This should include one or more of the following:
    • evidence of the purchase of the business
    • partnership, trust or franchise agreements (include all pages and related schedules, with evidence of stamp duty paid)
    • evidence of the issue, purchase or transfer of shares showing:
      • date of ownership
      • the shares have been registered with the Australian Securities and Investment Commission (ASIC)
      • historical ASIC company extract.
  • Evidence that you have participated in the day to day management of the business for two years before you lodge your application, which may include:
    • business of contracts
    • minutes of meetings
    • documents initiated or authorised.

    Evidence needs to demonstrate involvement in decisions about the management of the whole or substantial part of the business and responsibility for such areas as strategic management, recruitment, price structure, business profitability and expenditure.

  • Evidence of Australian Business number (ABN) for each business claimed. Evidence must be provided for each business for the two years before you lodge your application.
  • Business Activity Statement (BAS) for each business claimed. BAS must be provided for each business claimed for each period in the two years before you lodge your application. If you do not have a BAS for any period within the two years, provide evidence from the Australian Taxation Office that you were not required to provide a BAS, plus supporting business documents (for example most recent business taxation returns).
  • Extracts from financial statements for your business, including balance sheet, profit and loss statement and notes to the accounts. The financial statements should:
    • be signed by directors and the accountant
    • be prepared by an accountant to Australian Accounting Standards
    • cover the beginning and end of a 12-month period ending no more than three months before you lodge your application.

Evidence of employees

  • If seeking to qualify based on your employment of Australian citizens, permanent residents or New Zealand passport holders:
    • evidence of at least one full-time employee (or of a part-time employee who is the equivalent of one full-time employee) throughout a 12 month period ending no more than three months before you lodge your application. This period should be the same period covered by the financial statements of the business that you have provided. Evidence should include PAYG summaries, wage books, employee contracts, workers compensation, insurance and superannuation documents.
    • evidence of residency/citizenship status of employees for the employment period that you have specified (for example, copy of passport, birth certificate, citizenship certificate).
  • Other business documents:
    • one-page organisational chart for each business claimed, showing your position, staff attribution, management reporting lines and functional responsibilities over the two years before application.
    • photos of business premises and business activities (maximum six photos).

Net assets of you and/or your partner (spouse or de facto)

(Only required if seeking to meet the criteria regarding business and personal assets)

  • A one-page summary statement outlining all assets and liabilities for the beginning and end of a 12-month period ending no more than three months before you lodge your application. This period should be the same period covered by the financial statements and employee records that you have provided for the criteria listed above.
  • Evidence of ownership and net value of assets held in Australia (minimum AUD250 000 of assets, excluding liabilities, must be demonstrated).

    Only include assets held in Australia.

  • You must provide evidence covering the beginning and end of the 12-month period ending no more than three months before you lodge your application. This period should be the same period covered by the financial statements and employee records that you have provided in addition to a summary of assets.
  • You must include evidence of liabilities (if any) against each asset such as mortgages, loans including unsecured and third party loans, credit cards etc.
  • If you want to include assets held in trust, you must include a copy of the trust deeds.
    • for cash assets in Australia:
      • bank statements or term deposit certificates. All bank statements/certificates must have the same date of issue for each point in time (for example 30 June 2007 and 30 June 2008).
    • for real estate assets:
      • evidence of ownership (title deeds)
      • evidence of value (valuation certificate by an accredited property valuer)

        Valuations by real estate agents who are not accredited property valuers are usually not acceptable.

      • mortgage statements (if applicable) showing balance of amount owed.
    • for business net assets in Australia:
      • evidence of ownership and value.
    • for personal or business loans in Australia:
      • loan agreements, loan statements indicating amount borrowed and repayment schedule, listed in business balance sheet (if loan to/from a business).
    • for stocks and bonds:
      • share or bond registers, share or fixed interest securities or debentures certificates, transfer certificates, market value.

Your identity

  • Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder's photo and personal details and the issue/expiry dates).
  • One recent passport sized photograph (45 mm x 35 mm) of each person included in the application.
    • These photographs should be of the head and shoulders only against a plain background.
    • Print the name of the person on the back of the photograph.
  • If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change.
  • If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.
  • An AFP National Police Check for you and each member of your family unit aged 17 years or over (whether applying or not) who, in the last 10 years, has been in Australia for 12 months or more since turning 16.
  • Police clearances for you and each member of your family unit aged 17 years and over (whether applying or not); from each country where, in the last 10 years, that person has lived for 12 months or more since turning 16.

Your relationships

  • For anyone included in the application who is 18 years of age or older and is not your partner:
    • Form 47a Details of child or other dependent family member aged 18 years or over (238 kB PDF).
  • For each dependant who is not the holder of a Business Skills (Provisional) visa (subclasses 160-165) provide:
    • evidence of dependency if aged 18 or over (such as evidence of current studies)
    • certified copy of adoption or birth certificate or the family book, showing names of both parents or adoptive parents
    • certified copy of the marriage certificate (if applicable).

Your children

  • If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:

Visa holders

This information is for people who have already been granted a State/Territory Sponsored Business Owner visa (subclass 892). It explains your rights and obligations.

You can use Visa Entitlement Verification Online (VEVO) for free to check your visa details and entitlements.

What this visa lets you do

This visa allows you to manage your business and investment activities in Australia.

This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia's scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

You and your family are not able to access social security payments.

You can qualify for a Special Benefit payment from Centrelink if you suffer a major change of circumstances that is beyond your control.

Your obligations

You and your family must comply with all visa conditions and Australian laws.

You must fulfil your business obligations.

Estimate the cost of your visa

* Price will be displayed in Australian dollars unless changed.
The Visa Pricing Estimator requires you to answer the questions as accurately as possible to provide you with an estimate for lodging a visa application. The estimator does not include the second instalment of the visa application charge which is payable for some visas. Please note this is an estimate for a visa application, if you have already lodged your application and you want to change/add applicants please refer to the Visa Pricing Table. The Department of Immigration and Border Protection Visa Pricing Estimator will give you an estimate of the charges you may need to pay to lodge a visa application. This is paid after you have made your application but before the visa can be granted. Read the department's full disclaimer. The Commonwealth of Australia does not guarantee the accuracy, currency or completeness of any material in the Visa Pricing Estimator.

Last reviewed

Thursday 3 April 2014