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Departmental Information

Amendments to Certain Business Skills Visas

Commencement: 19 April 2010

Client summary

From 19 April 2010, the Migration Regulations 1994 ('the Regulations') are amended to:

  • remove a criterion providing that an applicant may be eligible for the Subclass 163 (State/Territory Sponsored Business Owner (Provisional)) visa on the basis that they are a "senior manager" to address integrity issues within this caseload;
  • specify different values of business ownership interest required to be satisfied by certain business skills visa applicants according to the size of the business and the type of company that operates the business; and
  • increase the amount of the net value of assets required to be satisfied by certain business skills visa applicants to ensure these amounts reflect current business establishment and living costs in Australia.

Affected legislation

The following provisions of the Regulations are affected:

  • Division 1.2, paragraph 1.11(1)(c) is amended
  • Schedule 2, paragraph 160.214(1)(a) is amended
  • Schedule 2, paragraph 161.213(1)(a) is amended
  • Schedule 2, clause 163.111 is omitted
  • Schedule 2, clause 163.212 is amended
  • Schedule 2, paragraph 163.213(1)(a) is amended
  • Schedule 2, paragraph 164.213(1)(a) is amended.

Additional information

Nil.

Transitional provisions

These changes apply to an application for a visa made on or after 19 April 2010.

The changes to the definition of "main business" in paragraph 1.11(1)(c) that relate to the value of the applicant’s ownership interest do not apply to an application for a visa if:

  • the applicant applies for:
    • a Business Skills - Established Business (Residence) (Class BH) visa; or
    • a Business Skills (Residence) (Class DF) visa, on the basis of seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa or a Subclass 892 (State/Territory Sponsored Business Owner) visa; and
  • the applicant held a temporary visa immediately before the commencement of these Regulations; and
  • the applicant purchased an ownership interest (within the meaning of the Migration Regulations 1994) in a business in Australia:
    • before 19 April 2010; and
    • while the applicant held the temporary visa.

This ensures that applicants who hold a temporary visa that provides a pathway to the Business Skills - Established Business (Residence) (Class BH) visa, the Subclass 890 (Business Owner) or the Subclass 892 (State/Territory Sponsored Business Owner) visa are not adversely affected by the amendment made to paragraph 1.11(1)(c). The current business ownership value of 10 percent will continue to apply to temporary visa holders who have already purchased an ownership interest in a business as the holder of the temporary visa and then seek to satisfy the criteria for a permanent business skills visa, regardless of whether the business is operated by a publicly listed company.

Forms

Nil.

Instructions

PAM3 will be amended to reflect these changes by 19 April 2010.