Legislation & Regulations

Business Skills Visas – Regulation Changes

9 August 2008 – Legislation Change

Client summary

From 9 August 2008, the Migration Regulations 1994 ('the Migration Regulations') are amended to:

    1. facilitate members of the family unit of persons who hold a Business Skills (Provisional) (Class UR) visa to apply separately for a visa of the same visa class;
    2. require persons who seek to satisfy the secondary criteria for a Business Skills (Provisional) (Class UR) visa on the basis of being in a de facto relationship, to be in that relationship for at least 12 months;
    3. clarify that a criterion for grant of a sponsored Business Skills visa is that applicants seeking to satisfy the primary criteria have in fact been sponsored and that this sponsorship has not been withdrawn at time of decision;
    4. allow applicants to satisfy minimum staffing level requirements for the grant of an Established Business (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa when the total number of hours of employment provided over the relevant period is at least equivalent to the total number of hours that would be worked by the specified number of full–time employees;
    5. allow applicants seeking to satisfy the time spent in Australia requirement for an Established Business (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa, to count time spent on certain bridging visas granted following a valid application for a Subclass 457 (Business) (Long Stay) visa on the basis of being an independent executive;
    6. allow business owners to travel overseas for regular short periods without this affecting their ability to satisfy the time spent in Australia criterion in an application for a Subclass 845 – Established Business in Australia visa; and
    7. clarify that the minimum asset requirements in the time of application or time of decision criteria for an Established Business in Australia (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa, must be met using assets that have been lawfully acquired.

Affected legislation

The following provisions of the Regulations are amended:

paragraph 1.15A(2)(d)
Schedule 2, clause 132.223
Schedule 2, clause 160.311
Schedule 2, clause 161.311
Schedule 2, clause 162.311
Schedule 2, clause 163.222
Schedule 2, clause 163.311
Schedule 2, clause 164.222
Schedule 2, clause 164.311
Schedule 2, clause 165.223
Schedule 2, clause 165.311
Schedule 2, clause 845.212
Schedule 2, clause 845.214
Schedule 2, clause 845.215
Schedule 2, subparagraph 845.222(1)(c)(i)
Schedule 2, subparagraph 845.222(1)(c)(ii)
Schedule 2, clause 846.213
Schedule 2, clause 846.214
Schedule 2, subparagraph 846.222(2)(c)(i)
Schedule 2, subparagraph 846.222(2)(c)(ii)
Schedule 2, clause 890.212
Schedule 2, clause 890.214
Schedule 2, paragraph 892.212(a)
Schedule 2, paragraph 892.212(b)
Schedule 2, paragraph 892.212(c)
Schedule 2, clause 892.215
Schedule 2, clause 892.222
Schedule 2, clause 893.222
Schedule 7, Part 1, Division 1.4, item 7170
Schedule 7, Part 1, Division 1.5, item 7180
Schedule 7, Part 1, Division 1.5, item 7181

Additional information: NIL

Transitional provisions:

1. The amendments that:

apply in relation to an application for a visa made on or after 9 August 2008

2. The amendments that:

apply in relation to an application for a visa made on or after 9 August 2008 and an application for a visa made, but not finally determined before 9 August 2008.

Forms: NIL

Instructions: PAM3 has been amended to reflect these changes.