Monitoring Business Talent Visas
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The holders of a Business Talent (subclass132) visa will be subject to monitoring during their first three years in Australia. The visa holder will be asked to supply information and supporting documentation regarding their business interests in Australia.
Provisional Business Skills visa holders (subclasses 160, 161, 162, 163, 164 and 165) and provisional Business Innovation and Investment visa holders (subclass 188) will not be monitored but will be required to meet the obligations of their visa. If the holder wishes to remain in Australia as a permanent resident they will need to satisfy the criteria for a permanent Business Skills visa (subclasses 890, 891, 892, or 893), or the permanent Business Innovation and Investment visa (subclass 888), depending on the type of provisional visa that they hold.
Booklet 7, Business Skills Entry
The department monitors those holding subclass 132 Business Talent visas to:
- verify compliance with the visa requirements and take action in cases of non-compliance
- evaluate whether or not the program is meeting its objectives
- report to government on the overall performance of the Business Skills and Business Innovation and Investment visa programs.
The department may request information during the three year monitoring period.
This is done by asking the visa holder to complete a 24 month survey and provide supporting documentation regarding their business activity in Australia.
The department will also seek feedback from the State or Territory sponsor regarding the visa holder's efforts to engage in business. It is important therefore that visa holders maintain contact with their State or Territory sponsoring authority after arrival in Australia.
See: Form 1010 Survey of Business Skills visa holders (160KB PDF file)
The Monitoring Unit then assesses the information received against the relevant legislation and determines whether the visa requirements are being met.
The holders of Business Talent visas are required to:
- obtain a substantial ownership interest in an eligible business in Australia; and
- utilise his or her skills in actively participating at a senior level in the day-to-day management of that business; and
- intend to continue to do the above in the future.
An eligible business is one which will result in one or more of the following:
- the development of business links with the international market
- the creation or maintenance of employment in Australia
- the export of Australian goods or services
- the production of goods or the provision of services that would otherwise be imported into Australia
- the introduction of new or improved technology to Australia
- an increase in commercial activity and competitiveness within sectors of the Australian economy.
Failure to provide evidence during the three year monitoring period that these requirements have been met, may lead to visa cancellation.
It is very important that holders of Business Talent visas provide the Department with up to date contact details during the first three years after their arrival in Australia. This allows for ease of communication during the monitoring process. Form 922 can be used for this purpose.
See: Form 922 Notification of address for Business Skills visa holders ( 77KB PDF file)
As part of a valid visa application, applicants sign a declaration that they will meet the requirements of their visa.
Applicants acknowledge that failure to meet the visa requirements may result in fines and/or cancellation of their visa, and the visas of family members.
More information can be obtained by contacting the Adelaide Business Skills Monitoring Unit.
Adelaide Business Skills Monitoring Unit
Department of Immigration and Citizenship
GPO Box 2399
ADELAIDE SA 5001