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Migrating to Australia for Business

Australia is a strong destination for international businesses. Ideally located in the Asia-Pacific region, Australia offers a highly educated workforce, with stable business-friendly national and regional governments. With its high standard of living and robust economy, Australia is an excellent growing country in which to do business. Australia sees the benefits in overseas residents migrating to Australia both permanently and temporarily to contribute to the Australian economy.

Showing the business-friendly nature of Australia’s government is the manner in which Australia’s immigration laws are designed in order to attract skilled and business migrants to contribute to the Australian economy and way of life.

This article is intended as a brief introduction to the issues that will be encountered when making an application for a visa to come to Australia either permanently or temporarily to do business.

An Introduction to Business Migration to Australia

Two Step Process to Permanent Entry

Australia has a two-stage process when accepting most business migrant applications. Business migrants are, in the first instance, eligible for a four-year provisional visa. This visa allows the holder time in which to start business transactions. This can be the basis for a permanent visa that can be awarded based on the business set up under the provisional visa originally granted.

Applicants for business visas must be able to demonstrate that they have had a successful career in a business in order to then apply for permanent entry. To transfer their temporary visa to a permanent visa business applicants will need to show that they:

• Gain a significant ownership and management participation in an Australian business;
• Contribute to the economy by developing links with international business, producing and maintaining employment in Australia, exporting Australian goods and services, producing local competitors to imports, introducing new technology or generally making Australia more competitive;

Certain surveys need to be completed by provisional business visa holders in order to be able to apply for the permanent visa. Failure to complete these surveys will mean that provisional visa holders will be unable to apply for the permanent visa.

You should bear in mind that having State or Territory business sponsorship will greatly enhance your changes of being awarded a visa. See ‘Sponsorship: Getting The Right Connection’ for more information.

Offshore visa categories

Australia has several business migration visas, catering to different kinds of business people. Your Immigration lawyer will be able to give you better details on the ways in which you will be able to give you more information on how you may conform to any of these visa categories.

• Business Owner Visa;
• Senior Executive Visa; and
• Investor Visa.

Investors who are interested in making a substantial investment in Australia (above $750,000) investment and can secure State/Territory sponsorship may be eligible for an investor visa. Those who are willing to invest $1,500,000 in a Government-approved invest for a period of 4 years may be eligible for an investor visa.

• Business talent visa.

This class of visa is only available through State and Territory sponsorship.

Onshore Visa categories

You can also apply when already in Australia on another form of visa. If you have established a business in Australia you may be eligible for the following visa categories:

• Established Business Visa; and
• Regional Established Business Visa.

Sponsorship: Getting the Right Connections

Applicants for business category visas need to be aware that visas will be easier to obtain if you’re able to find sponsorship from a State or Territory business body. The benefits of sponsorship will depend on the visa category. Some visas, such as the business talent visa, actually require State or Territory sponsorship.

The process will be rigorous and complicated, and your Immigration lawyer will be able to help you. Particularly for applicants who may only peripherally meet the visa requirements, sponsorship ay make the difference between success and failure.

Sponsorship for business visas is handled through the relevant business arms of state or territory government. The requirements of a sponsorship application will vary between states and your legal adviser will be able to give you all details on the varied State bodies and their requirements.

States all have, however, have similar general requirements. The relevant State body will assess:

• assess the applicant’s economic benefit to the State or Territory;
• whether or not it might be worth waiving some requirements on the basis of that benefit; and
• a submitted business plan containing detailed information on the proposed business activity, including goals, financial data and a market analysis and plan.

The application will be evaluated for is potential contribution to business within the given state, its potential for generating employment and whether or not the applicant selected an area outside a major metropolitan area.

Getting the Right Advice

Faram Ritchie Davies understands the needs of businesses and business people. We understand that when you wish to expand your horizons by being part of the Australian economy they want the right advice and applications that get it right the first time. If your application fails you will waste time and money. Don’t risk taking inferior advice or trying to carry out the application process without the best available advice. Contact Faram Ritchie Davies to have your application assessed by a professional.

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