Legislation & Regulations

Business Skills Provisional visa holders

1 July 2003 - Legislation change

Client summary

From 1 July 2003, immigration law has been amended to:

  1. ensure that a dependent who was assessed as a member of the family unit for the original provisional visa will be eligible for the grant of permanent Class DF visa even if that person no longer meets the definition of "dependent", if they are included in an application for a Business Skills (Residence) Class DF visa.

  2. allow secondary applicants who hold a student visa at time of application for a Class UR Provisional Business Skills visa to be eligible to apply for a Class WA bridging visa.

  3. make it clear that only businesses which have been established in Australia can be included for the purposes of meeting the business requirements when applying for a Business Skills (Residence) Class DF visa.

Technical details

Additional information:

  1. The policy intention of the change for dependents is to provide a more certain pathway to permanent residence for provisional business skills visa holders. New subregulation 1.12(5) provides that a person who is a member of the family unit at the provisional Class UR visa stage, but is unable to meet the definition of "dependent " is still eligible for the grant of a permanent Class DF visa, if they are included in the application.

  2. In regard to bridging visas, sub item 1301(1) of Schedule 1 of the Migration Regulations has been amended to insert a reference to form 47BT. This amendment will allow dependents included in an application for a Class UR Business Skills provisional visa to be eligible to apply for a bridging visa if they held a student visa and were in Australia at the time the application was made.

  3. Clauses 890.213, 890.214, 890.212(a) and 892.213 have been amended to make it clear that businesses which have been established outside of Australia cannot be included.

Transitional arrangements: These amendments will apply to applications made on or after 1 July 2003.

Forms: No changes required

Instructions: PAM guidelines have been updated.

Effect on delegations: Nil.

Effect on systems: ICSE will be amended to reflect the legislative amendments in regard to the grant of bridging visas for student dependents of applicants for a business skills provisional visa.