Amendments to the Sponsored Business Owner Visa
1 July 2006 - Legislation change
Client summary
From 1 July 2006, the Migration Regulations 1994 ('the Regulations') will be amended to:
-
introduce a definition of 'senior manager' for the purpose of grant of a Subclass 163 (State/Territory Sponsored Business Owner (Provisional)) visa, to clarify the requisite qualifications and experience that an applicant would need to possess to meet the Australian standards for a senior manager; and
introduce a provision for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) under which the usual annual turnover requirement need not be met where an appropriate regional authority has determined that exceptional circumstances exist for grant of the visa to certain applicants who reside and operate a business in a specified regional area or a low population growth metropolitan area.
Technical details
The following provisions of the Regulations have been amended:
- Division 163.1 in Part 163 of Schedule 2, including the Note
- Paragraph 163.212(b) in Part 163 of Schedule 2; and
- Clause 892.213 in Part 892 of Schedule 2.
Additional information:
Subclass 163 - State/Territory Sponsored Business Owner (Provisional)
From 1 July 2006, to qualify as a senior manager an applicant will need
to demonstrate both a requisite level of qualifications; either through
3 years formal training, or five years on the job experience and 3
years relevant employment; and demonstrated experience in a senior
management role, including making business decisions, having
responsibility for the day-to-day running of the business and having
responsibility for junior managers.
The requirement that the applicant be employed for the four years immediately prior to application will be relaxed to 3 out of the 5 years immediately prior to application.
Subclass 892 - State/Territory Sponsored Business Owner
From 1 July 2006, clause 892.213 will provide that the turnover
requirement may be waived where certain other requirements are met
The requirements that must be met are as follows:
- The applicant's business and residence must be in a designated regional or low population growth area
- The appropriate regional authority must have determined that exceptional circumstances exist that would warrant the waiver of the turnover requirements; and
- The applicant must have met at least two out of the three criteria in clause 892.212.
Transitional arrangements: Nil
Forms: The following forms will be amended from 1 July 2006
- Form 949 - State/Territory sponsorship, business skills classes
- Form 1136 - Profile, business owner and sponsored business owner
Instructions: PAM3 Updates reflecting the changes will be released on 1 July 2006.
Effect on delegations: Nil
Effect on systems: Nil