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 in order to be granted a State/ Territory Sponsored Business Owner visa (subclass 892):

  • ownership of a main business or main businesses
  • acquisition of a main business or main businesses
  • employees and business/ personal assets
  • turnover
  • management in the main business or main businesses.

Ownership of a main business or main businesses

You must have had, and continue to have until a decision has been made on your visa application, an ownership interest in up to 2 actively operating main businesses in Australia for at least 2 years immediately before an application is made.

You and your spouse or de facto partner must own at least:

  • 51% of the business where the turnover is less than AUD 400 000
  • 30% of the business where the turnover is AUD 400 000 or more, or
  • 10% where the business is a publicly listed company.

Further information on how to demonstrate legal ownership of the business(es) is available in the Document checklist.

Acquisition of a main business or main businesses

You must be able to demonstrate that you legally acquired or established the business or businesses nominated in your application.

Further information on how to demonstrate legal acquisition of the business(es) is available in the Document checklist.

Employees and business/ personal assets

Unless the appropriate regional authority has determined that there are exceptional circumstances, you must meet at least two of the following three requirements,

  • Employees - 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 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
  • Business and personal 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.

Further information on how to demonstrate employment and business/personal assets is available in the Document checklist.

Turnover

You must provide Business Activity Statements (BAS) lodged with the Australian Taxation Office (ATO) for the 2 years immediately before the application is made, and also demonstrate that the main business, or main businesses in Australian together, had an annual turnover of at least AUD200 000 in the 12 months immediately before the application is made.

Further information on how to demonstrate turnover is available in the Document checklist.

Management in the main business or main businesses

You must supply evidence that you have participated in the day to day management of your nominated main business(es), and evidence of your involvement in making decisions affecting the overall direction and performance of the business, throughout the 24 months immediately prior to the date of application.

If you spent more than 6 weeks in total abroad during the 24 month period, you must account for any management activities that you undertook in relation to the business during this period and provide evidence of how you managed the business while you were absent.

Further information on how to demonstrate management is available in the Document checklist.

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

Ownership of a main business or main businesses

In order to demonstrate legal ownership of the business(es), documentary evidence provided should include ALL applicable items below:

  • Complete certified copy of Partnership, Trust or Franchise Agreement with evidence of associated Stamp Duty payment (where applicable)
  • Current and Historical ASIC extract, together with copies of any changes or amendments lodged with ASIC for the 2 years immediately before of lodgement of your visa application
  • Evidence of share issue, purchase or transfer showing:
    • Date of ownership
    • Evidence of Stamp Duty paid and/ or ASIC registration
  • Evidence of Australian Business Number (ABN) for each business claimed.  Evidence must be provided for each business for the 2 years prior to date of lodgement of your visa application.
  • Business/Company Name Registration
  • Lease agreements associated with the business from date of acquisition, as well as copies of subsequent transfers and/ or renewals up until date of lodgement of your visa application.

Acquisition of a main business or main businesses

If the business or businesses were purchased, documentary evidence provided should include ALL applicable items below:

  • Purchase contract
  • Evidence of payment, including:
    • Transfer of funds between your personal and company bank accounts
    • Invoices/ payment receipts/ bank statements relating to the sale, and
    • Settlement statements relating to the purchase of the business or businesses
    • Evidence of Stamp Duty paid.

If the business or businesses were established from new, documentary evidence provided should include ALL applicable items below:

  • Evidence of payment for tenancy fit out/ property, plant & equipment etc.
  • Evidence of entering into a new Franchise Agreement
  • Lease agreement associated with the business premises.

Employees and business/ personal assets

If you are seeking to meet the Employees requirement:

You will need to provide evidence of an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full-time employee over the 12 months ending immediately before the application is made. Full-time means 1 employee (or pro rata equivalent) working not less than 30 hours a week.  The employee or employees must have been employed by the main business and paid at least the federal minimum wage or the award rate, as applicable.

Documentary evidence provided should include the applicable items below:

  • Evidence of residency/citizenship status of nominated employee(s). Evidence should demonstrate that the employees are an Australian citizen or permanent resident, or a New Zealand passport holder and may include copy of passport, birth certificate or citizenship certificate
  • Employment agreements/contracts with nominated employees
  • The most recent PAYG summary for each of your nominated employees
  • The 2 most recent payslips for each of your nominated employees
  • Statements from your employees’ superannuation provider confirming contributions made by you, throughout the 12 months ending immediately before the application was made
  • Evidence of the business’ workers compensation cover (e.g. WorkCover/ Worksafe etc.).

If you are seeking to meet the Business Assets requirement:

  • You will need to provide evidence of assets equalling no less than AUD75 000 owned by you, your spouse or de facto partner, or you and your spouse or de facto partner together, in the main business or main businesses throughout the 12 months ending immediately before the application is made.
  • You must provide evidence covering the beginning and end of a 12 month period ending no more than 3 months prior to date of application. This period should be the same period covered by the financial statements provided with the application, evidence of employees and summary of assets.
  • You must include evidence of liabilities (if any) against each asset (for example mortgages, loans including unsecured and third party loans, credit cards).

If you wish to include assets held via a trust, you must include a copy of the trust deed.

Documentary evidence of Business Assets should include:

  • A one page summary statement outlining ALL assets and liabilities in Australia at the beginning and end of a 12 month period ending no more than three months prior to date of application.  This period should be the same period covered by the financial statements.

and

  • Either audited financial statements by an Independent ASIC registered auditor:
    • Complete, signed and dated financial statements  by an ASIC registered auditor (dated no earlier than 3 months immediately before application and prepared in accordance with the Australian Accounting Standards (AAS) as per below):
      • AASB102 Inventories
      • AASB116 Property, plant and equipment
      • AASB117 Leases
      • AASB118 Revenue
      • AASB138 Intangibles.
    • The financial statements should:
      • Be signed by directors and the auditor
      • Be certified by an ASIC registered auditor to Australian Accounting Standards
      • Cover the 12 month period ending no more than 3 months prior to date of application.

ASIC registered auditors should be independent and should not be associated with the accountant or migration agency representing you.

or

  • Financial statements completed by a licenced accountant:
    • Dated no earlier than 3 months immediately before application.
    • Signed by the directors of the business and the accountant.
    • Prepared in accordance with the Australian Accounting Standards (AAS) as per below):
      • AASB102 Inventories
      • AASB116 Property, plant and equipment
      • AASB117 Leases
      • AASB118 Revenue
      • AASB138 Intangibles.
    • Supporting evidence of major components of the financial statements must be supplied (where applicable), including:
      • Evidence of ‘cash at bank’
      • Evidence of ‘plant and equipment’ including its purchase
      • Evidence of ‘director’s loans’ (see notes below)
      • Depreciation schedules
      • Evidence of ‘goodwill’
      • Age debtor’s listings.
  • Annual GST Return statement from the ATO (if applicable)
  • Specific evidence relating to director’s loans, including:
    • The Loan Agreement (if applicable) between you and the business(es)
    • Bank statements for you and the business showing the transfer(s) of funds. All bank statements must include the cover page so that the account holder(s) can be identified and verified.
    • The general ledger for the loan for the relevant period. This should record all transactions against your loan account, and should reconcile with the balance of the loan claimed in the financial statements.

Please note that if claims are not evidenced in audited financial statements or with other evidence recommended above they may not be accepted, and, a decision on the visa application may be determined without requesting additional documents or information.

If you are seeking to meet the Business and Personal Assets requirement, you will need to provide evidence of combined business and personal assets in Australia, equalling no less than AUD250 000 owned by you, your spouse or de facto partner, or you and your spouse or de facto partner together, throughout the 12 months ending immediately before the application is made.

In order to ensure accuracy when assessing an applicant’s claims in respect to assets held, the dates selected for calculating net personal assets must coincide with the dates used to determine business assets.

Documentary evidence of business and personal assets must include:

  • Evidence of business assets (as described earlier)
  • Evidence of cash holdings held by you, your spouse or de facto partner, or you and your spouse or de facto partner together, as supported by:
    • Bank statements
    • Term Deposit certificates
    • Share certificates
    • Stock and Bond certificates, etc.
  • Evidence of liabilities held by you, your spouse or de facto partner, or you and your spouse or de facto partner together, as supported by:
    • Home loan statements
    • Personal loan, credit card statements, etc.
  • Evidence of real estate held by you, your spouse or de facto partner, or you and your spouse or de facto partner together, as supported by:
    • Contract of Sale
    • Current Certificate of Title
    • Most recent Council Rates notice.

Turnover

Documentary evidence must include:

  • Complete ATO Portal Generated Business Activity Statement (BAS) (which includes itemised account - Integrated Client Account) for the 2 years immediately before the application is made.

Management in the main business or main businesses

It is reasonable to expect that an applicant who is actively involved in the day-to-day management of a business would be able to demonstrate planning, organising, directing and controlling the resources of the business throughout the 2 years immediately before application.

Documentary evidence of your management in the main business(es) should include samples of all applicable items below:

  • Detailed overview statement which includes examples of strategic management, recruitment, price structure, business profitability and other relevant matters that are supported by included evidence
  • Business documents prepared and/or signed by you (eg contracts with suppliers, credit applications with suppliers, eftpos/ merchant agreements with banks, insurance policy agreements, employment contracts and other documents that demonstrate direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business)
  • Copies of Food Assessment reports carried out by relevant authorities
  • Copies of relevant communication (emails, letters, faxes) between you and third parties (eg staff, banks, landlord, suppliers, clients and other relevant third parties)
  • Documents from customers or suppliers addressed to you
  • Statements or references from third parties such as customers, suppliers, neighbouring businesses, or landlord to corroborate your claims
  • Evidence of your involvement in the recruitment, training and supervision of staff.
  • Evidence of your involvement in the marketing of your business
  • A copy of your business’ bank authority confirming you as a signatory
  • Evidence of repair/ maintenance work managed by you
  • Council registration and any applicable licenses (food license and associated assessment reports, alcohol license etc.)
  • Evidence of business insurance
  • PAYG summaries for any employees of the business
  • Export shipping summary sheet (if an export business), together with associated evidence for each export (this would include contracts with suppliers and end buyers, invoices confirming payment to suppliers and from end buyers, bills of lading, approvals to exports from relevant authorities, packing lists etc.)
  • Photos of business premises and business activities (maximum 4 photos).

IMPORTANT: Please provide a selection of documents and supporting evidence that best supports your claims as processing may be delayed when excessive inconsequential documents are provided.

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 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 modified Friday 7 November 2014

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