Business Owner Visa (Subclass 890)

Visa Conditions

As the visa applicant, you must,

• hold an eligible visa in any of the following subclasses;
  • Business Owner (Provisional) visa (subclass 160)
  • Senior Executive (Provisional) visa (subclass 161)
  • Investor (Provisional) visa (subclass 162)
  • State/Territory Sponsored Business Owner (Provisional) visa (subclass 163)
  • State/Territory Sponsored Senior Executive (Provisional) visa (subclass 164)
  • State/Territory Sponsored Investor (Provisional) visa (subclass 165)
• have lived in Australian on that visa for at least 12 months in the two years immediately before the application is made while holding this visa
• have owned and operated a business in Australia for at least two years immediately before the application is made

Visa Eligibility

• You must currently hold an eligible visa mentioned in the conditions.
• Your current visa was granted to you on the basis that you, or your partner, or your former partner satisfied the primary criteria for the grant of that visa.
• You must meet the residence requirement: You must have been in Australia as the holder of an eligible visa for a total of at least one year in the two years immediately before the application is made. The 1-year period does not have to be continuous.
• You must own and manage a business in Australia:
  • For the two years immediately before you apply, you must have had, and continue to have, an ownership interest in one or more actively operating main businesses in Australia.
  • for the two years immediately before you apply, the value of your ownership interest or the total value of the ownership interest of you and your partner, must have been at least:
• 51% of a business with a turnover of less than AUD400,000 per year, or
• 30% of a business with a turnover of AUD400,000 or more per year, or
• 10% of a publicly listed company
  • You must continue to have, a direct and continuous management role in that business on a day to day basis (including periods when you are outside of Australia)
• You must meet the assets and employees requirement:
  • Business Assets
    for 12 months immediately before you apply, you must show that you and/or your partner had net business assets in the main businesses of at least AUD100,000 and those assets were lawfully acquired.
  • Business Turnover
    for the 12 months immediately before you apply, you must evidence annual turnover in your main business (or two main businesses together) of at least AUD300,000
  • Employees
    for the 12 months immediately before you apply, you must provide evidence that the nominated main businesses employed two full-time employees or the equivalent of 2 full-time employees. Employees must be Australian citizens, permanent residents or New Zealand passport holders, and you cannot include yourself or members of the family unit.
  • Business and personal assets
    for the 12 months immediately before you apply, you must show that the net value of your and/or your partner’s net business and personal assets in Australia was at least AU$250,000.
  • Business practices:
    You must not have engaged in business activities that are generally unacceptable in Australia.
• Meet all the health and character requirements
• Must not have any debt to pay to the Australian government. If you or any family members (including those who don’t apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
• If you are 18 years of age or older, you must confirm you will respect the Australian way of life and obey all Australian laws when you sign the Australian Values Statement.

Note: If you apply within Australia have had a visa cancelled, or previous application refused, you may not be granted this visa.

Visa Benefits

• stay in Australia permanently
• work and study in Australia
• continue to own and operate a business in Australia.
• enroll in Australia’s public health care scheme, Medicare
• sponsor your relatives to come to Australia
• travel to and from Australia for five years
• if eligible, become an Australian citizen

General Notes

• There is no age limit for this visa.
• The eligible visas listed above in the conditions section are now closed to new applicants. If you are interested in applying for a Business or Investment visa, see Business Innovation and Investment (provisional) visa (subclass 188)
• If you spent more than six weeks in total outside Australia during the two years, you must explain how you managed the business while you were away.
• You can include members of the family unit in your application. You can include them when you lodge your visa application or add them after you lodge your application but before DoHA decides on your visa.
• You might have to pay an extra charge for any applicant 18 years old or older who has less than functional English and who does not hold an eligible visa when they apply. This charge is called the second instalment. This charge is only payable if you are requested to pay it, and we send you an invoice. The second instalment charge for family members is AUD4,890.
• Newly arrived residents may have to wait before they can access certain Australian Government payments and benefits.
• You must be in Australia when you lodge your application. Your family can be in or outside Australia but not in immigration clearance.

Visa Processing Time

The processing time for this Australian business visa varies depending on the individual’s unique circumstances. However, to avoid unnecessary delays, make sure to fill in your application completely and accurately and submit all required documents.