Business Talent (Permanent) visa – Subclass 132

+ Stage 1: Expression of Interest

Summary

All applicants must be invited in order to apply for a Business Skills Subclass 132 Visa regardless of the streams they choose.

Prior to the lodgement of an application, the visa applicant must first lodge an expression of interest (EOI) through the Department prescribed facility SkillSelect

Within the SkillSelect EOI form, the applicant will need to complete identify and passport details for themselves and anyone whom they wish to include in their application.

Validity of the EOI and changing Points on the EOI

EOI will remain to be valid for two years (unless the applicant has been invited to apply for a visa within 2 years). Prior to invitation, the applications can always update their relevant details on the website in order to claim more points and increase their opportunities to be invited. Visa applicant would not be able to change their scores once they have been invited to apply for a Subclass 132 Visa.

Please note:

• Applications made through SkillSelect are not visa applications and therefore applicants would have no review right for EOIs that does not receive any nominations from the State/Territory.
• Once the EOI has been lodged, the applicant will then need to apply for a State/Territory Nomination application in order to be invited.

+ State Nomination

State/Territory nominations are required for either stream under the Subclass 132 Visa. The applicants will need to apply through the appropriate State or Territory agency and following the relevant instructions and requirements of each State or Territory.

You may wish to visit the following links to each State/Territory Department for more information:

• New South Wales
• Victoria
• Queensland
• Australian Capital Territory
• South Australia
• Western Australia
• Northern Territory
• Tasmania

Each State or Territory has its own criteria to determining whether or not to nominate particular visa applicant, therefore the applicants should always consult the relevant State or Territory government in relation to their respective criteria.

+ Stage 3: Visa Application

All streams are required to satisfy the following requirements:

• All applicants need to be invited by the Department to lodge an Expression of interest (EOI) through Skill Select
• Obtain a positive State/Territory or Austrade Nomination depending on the stream
• Ensure that all funds or assets to be used in support of your application are lawfully acquired and all sources of funds can be proven
• No adverse business history for the visa applicants or their spouses (or de facto partner)
• All public interest criteria are met, particularly the health and character requirement
  • Health requirements:
    • All persons included in the application will be required to undertake a medical examination prior to their visa being issued.
      • When applying, all persons included in the application must:
      • declare whether they have a medical condition that is likely to require ongoing support from community or government services
      • declare whether they have been diagnosed with Tuberculosis or any other serious diseases that might be a threat to Australian Community
• Character requirements:
  • All persons included in the application will be required to obtain a police clearance certificate for all countries they have lived in for greater than twelve months in the last ten years.
  • When applying, all persons included in the application must provide all requested information, declare all criminal offences, truthfully answer all questions

Additional Criteria required depends on the stream

Stream 1 - Significant Business History Stream

• The visa applicant must not turn 55 years old unless the nominating state or territory government certifies that the proposed business activity is of exceptional economic benefit;
• At the time of invitation, the visa applicant must for at least 2 of the last 4 fiscal years have:
  • net ownership interest in business of at least AUD 400,000; or
  • 10% ownership of the business if it is a publicly listed company (in addition to having at least AUD 400,000 work of ownership interest in the business).
  • the business had an annual turnover of at least AUD 3,000,000 for 2 of the last 4 fiscal years
• The Visa Applicant must also have net personal and business assets of at least AUD 1,500,000 which are ready to be transferred to Australia after the grant of the Subclass 132 Visa.
• The Visa Applicant genuinely has a realistic commitment to either establish a qualifying business in Australia or to participate in an existing qualifying business in Australia through either by:
  • Maintaining a substantial ownership interest in the qualifying business and,
  • Maintaining a direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall discretion and performance of this business

Stream 2 –Venture Capital Entrepreneur Stream

• • The nominating State or Territory government agency is satisfied that the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner (or combined together) is sufficient;
• • The Visa Applicant has entered into a legally enforceable agreement with an Australian company to receive venture capital funding for the following prescribed purposes with at least AUD 1,000,000.
  • the early-phase start-up of a business in Australia; or
  • the commercialisation of a product in Australia; or
  • the development of a business in Australia; or
  • the expansion of a business in Australia.
• The Visa Applicant genuinely has a realistic commitment to either establish a qualifying business in Australia or to participate in an existing qualifying business in Australia through either by:
  • Maintaining a substantial ownership interest in the qualifying business and,
  • Maintaining a direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall discretion and performance of this business