Two stage processing for Business Skills visas
1 March 2003 - Legislation change
Client summary
From 1 March 2003, immigration law has been amended to introduce two stage visa processing for business skills migrants. Under the new arrangements, almost all business migrants are granted a provisional visa for four years.
After establishing a business with the requisite level of business activity, or maintaining the requisite level of investment in Australia, provisional visa holders are eligible to apply for permanent residence.
A direct permanent residence category is available for high calibre
business migrants sponsored by state/territory governments. This
will be known as the Business Talent visa.
Technical details
Additional information: The changes provide for Business Skills (Provisional) Class (UR) comprising 6 subclasses and the Business Skills (Residence) Class (DF) comprising 4 subclasses. The provisional class provides four year visas for Business Owners, Senior Executives and Investors, with corresponding subclasses offering considerable concessions for persons sponsored by State/Territory Governments.
At the second stage, the permanent residence visas provide for Business Owners and Investors, including State/Territory sponsored visas in each case. The permanent visas can be applied for by persons who have been in a business with certain prescribed attributes for two years in Australia, or retained their investment for four years and met a residence requirement, while the holder of a provisional Business Skills visa.
High calibre business persons may apply onshore or offshore for migration (ie direct permanent residence) in the Business Skills-Business Talent (Migrant) Class (AV), subclass 132 visa.
While it is expected that Senior Executive provisional visa holders get into business in Australia, they are also eligible to apply onshore for permanent residence under the Employer Nomination Scheme or Regional Sponsored Migration Scheme visa categories, should they receive offers of highly skilled employment while in Australia.
Transitional arrangements: From 1 March 2003 it is no longer possible to apply offshore for Business (Long Stay) Independent Executive (457IE) visas. However, holders of these visas will continue to be able to apply for the 457IE Further Extension Onshore, Established Business in Australia (EBA) and Regional Established Business in Australia (REBA) visas. In addition, 457IE visa holders onshore will be eligible to apply for the second stage State/Territory Sponsored Business Owner (Residence) visa, as an additional permanent residence pathway.
Applications for all other existing Business Skills subclasses ceased as of 1 March 2003.
Forms: Applicants for the Business Skills provisional visa (Class DF) are required to complete form 47BT and one of form 1136, 1137 or 1139. Applicants applying for the state or territory sponsored subclasses must also submit a form 949.
All applicants for the Business Skills permanent visa (Class UR) are required to complete form 47BU. If they are applying for residence under the business owner subclasses they must also complete a form 1217. Applicants applying for the state or territory sponsored subclasses must also submit a form 949.
Applicants for the Business Talent visa must complete forms 47BU, 1213 and an authorised sponsorship form 1224 from a state or territory government.
Instructions: PAM 3 policy guidelines will be updated as soon as possible.
Effect on delegations: Nil.
Effect on systems: ICSE and IRIS have been amended to reflect
the legislative amendments with effect from 1 March 2003.