Factors which influence the processing time of Australian Business Visa
All business visa applications are assessed by the authorities on a case by case basis. The processing time for each application is generally expected to be quite high. Further, the following circumstances can impact the individual processing time for an application:
- Whether the application is complete in all respects and all supporting documentation has been attached
- The amount of time taken by applicants to respond to requests for additional information. If an applicant responds late, the application process time is extended by that duration.
- The time taken by the Department to respond and assess the information provided by the applicant and verify the submitted evidence.
- The time taken by the Department to obtain relevant information from an external agency, particularly if it is a matter of health, nationality or involves a background check
- For applications for permanent visas, the number of places available
- For any application related to citizenship, the time period taken by the applicant to attend a citizenship ceremony or obtain a citizenship certificate
What is the criteria to be eligible for State sponsorship?
There are several requirements relating to State sponsorship which differ for Business Owner Visas and Investor Visas.
Business owner visa
- You must be under 55 years of age. If your business proposition will be of an exceptional nature, such that it will benefit the nominated State or Territory to a significant extent, this requirement may be waived.
- A score of 65 is required on the points test
For two out of the four fiscal years immediately preceding the application, the applicant must have an ownership interest in the business and such business must have had a minimum turnover of 500,000 AUD during those years
- At least one of the following must be owned by the nominated business:
a. 51 per cent for turnover less than 400,000 AUD per annum
b. 30 per cent for a turnover of 400,000 AUD for one or more years
c. 10 per cent for a business which is a publicly listed company
- The overall business career of the establishment must be a successful one.
- The business owner must reserve an authentic desire to own and maintain a typical management role in that business located in Australia.
If the said nominated main business is of such nature that it provides professional services, trade services, or services of technical nature, it is necessary that the business owner must not have spent more than half of their time in the provision of those services.
Another important requirement relating to approval of this visa is that the business owner, their partner, or the business owner and their partner combined should be in possession of business assets and personal assets amounting to a total of no less than 800,000 AUD. This must have been acquired in a lawful manner and should be free for legal transfer to Australian land within a period of two years from the date of the visa grant.
Any involvement in unacceptable business or investment activity will not be permitted.
Investor visa: Australian PR by investment
- You should not be more than 55 years of age. If your business proposition will be of exceptional nature such that it will benefit the nominated State or Territory to a significant extent, this requirement may be waived.
- A score of 65 is required on the points test
- Applicants must have a minimum of three years’ experience in managing the eligible business or the eligible investment
- Applicants must be able to present a successful record of qualifying business activity or management of eligible investment.
- The business owner must reserve an authentic desire to own and maintain a typical management role in that business located in Australia.
Applicants for this visa must accept that any income earned from such investments in Australia shall be subject to Australian taxation laws. The criteria for meeting residence in Australia is subject to certain guidelines which must be complied with.
Working rights are also permitted for additional applicants such as partners or other family members.
Applicants must note that two business can be combined for the purpose of meeting the eligibility criteria as stated above.
Generally, it is considered to be very difficult to obtain an Australian Business visa, however, ensuring that the legislation and regulatory guidelines are followed, the migration agent will ensure the greatest possible chance of approval.
