The Business Skills program aims to attract business people with a proven record of business skills and expertise. In particular it looks at the level of experience of a successful business or investment owner, or senior executive of a major business.
The Business Skills program is divided into five subclasses or categories, three of which are for overseas investors or business people:

• Business Owner: for owners or part-owners of an overseas business who have an overall successful business career, have significant net business assets and have a genuine and realistic commitment to participate as a principal in the management of a new or existing business which will benefit Australia;
• Senior Executive: for senior executive employees of major overseas businesses who have been responsible for strategic policy development affecting a major component or a wide range of operations of that business, who have significant net assets and a genuine and realistic commitment to participate as a principal in the management of a new or existing business which will benefit Australia; and
• Investment-linked: for investors/business people who have an overall successful record of business or investment activities, have significant net assets, are willing to invest funds in a designated investment in Australia for three years and have a genuine commitment to maintain business or investment activity in Australia after that designated investment matures.

Complete details of each of these subclasses are contained in the Migration Booklet Business Skills Migration.
The Business Owner, Senior Executive and Investment-linked subclasses are designed for persons resident outside Australia but, in some circumstances, persons temporarily resident in Australia can make application within Australia.

        There are two subclasses within the Business Skills program for people who have set up a business in Australia while on a temporary visa and who wish to live here permanently to continue their business activities. Temporary Residents with a proven record as successful business people can apply for permanent residence under the:

• Established Business in Australia category: for people temporarily resident in Australia who are owners or part-owners of an established business in Australia which has prescribed levels of net business assets, turnover and Australian employees; or
• Regional Established Business in Australia category: for people temporarily resident in Australia who are owners or part-owners of an established business in a designated area of Australia which has prescribed levels of net business assets, turnover and Australian employees.

Complete details of each of these subclasses are contained in the Migration Booklet Business Skills Migration.
The Established Business in Australia and Regional Established Business in Australia subclasses can only be applied for by eligible persons already temporarily in Australia.

        Persons residing overseas who wish to lodge Business Skills applications under the categories of Business Owner, Senior Executive or Investment-linked:

• if resident in th
• e Peoples Republic of China (including Hong Kong and Macau), applications must be lodged at the Australian Consulate, Hong Kong; or
• if resident in Taiwan, applications must be lodged at the ACIO office in Taipei; or
• if resident elsewhere in the world, applications must be lodged at the DIMIA Perth Business Skills Processing Centre.

Persons who are temporarily in Australia as holder of an eligible visa who wish to apply under the categories of Business Owner, Senior Executive or Investment-linked in Australia should contact the DIMIA Sydney office.
Persons who are temporarily resident in Australia who wish to apply under the Established Business in Australia or Regional Established Business in Australia categories should lodge their applications at the relevant regional office of DIMIA in Australia, this does not include the Australian Capital Territory Regional Office or the Northern Territory Regional Office.

        If you wish to lodge a Business Skills application under the categories of Business Owner, Senior Executive or Investment-linked, then you must pay the prescribed application fee:

• if lodging in Hong Kong, in local currency (check the Hong Kong website for current exchange rate equivalent) by Credit Card, Bank Cheque or Money Order with the application;
• if lodging in Taipei, in local currency (check the Taipei website for current exchange rate equivalent) by Credit Card, Bank Cheque or Money Order with the application; or
• if lodging with the Perth Business Skills Processing Centre (PBSPC), in Australian Dollars by Credit Card, Bank Cheque drawn on a bank with representation in Australia or International money order made out to DIMIA.

If you wish to lodge a Business Skills application under the categories of Business Owner, Senior Executive or Investment-linked at the DIMIA office in Sydney then the prescribed fee must be paid in Australian Dollars by Credit Card, Bank Cheque or Money order made out to DIMIA.
If you are applying under the Established Business in Australia or Regional Established Business in Australia categories at a regional office of DIMIA in Australia then the prescribed fee must be paid in Australian Dollars by Credit Card, Bank Cheque or Money Order made out to DIMIA.

        Yes. Key documentation needs to be translated into English and certified by a qualified translator.

        Only a qualified notary, Commissioner for Declarations or other accredited official can certify true copies of documents. Some Migration Agents in Australia can also certify copies if they are lawfully accredited.

        State and Territory governments can encourage a particular business or person to settle in Australia by offering sponsorship which entitles that applicant to be considered against lower threshold criteria.
There are also "Bonus" points in the Business Owner and Senior Executive subclasses if an Australian State or Territory Government provides sponsorship of your application.
Please note that the sponsorship form 949 must be submitted at time of lodgement with applications in the sponsored Business Owner and Senior Executive subclasses. There are no sponsorship provisions for the Investment-linked or Established Business in Australia subclasses.
The Regional Established Business in Australia subclass requires State or Territory sponsorship as part of the threshold criteria which are lower than the Established Business in Australia subclass.
State and Territory governments have their own criteria for deciding whom they will sponsor. Page 38 of the Business Skills Migration Booklet lists contact details for those State and Territory government business development agencies.

        To qualify under the Business Owner subclass, you must:

• demonstrate that you have had a successful business career;
• have an ownership interest of at least 10% in a qualifying business;
• have been actively involved in strategic management and performance of a qualifying business on a day-to-day basis for at least two of the last four fiscal years;
• have had net assets (of yours or yours and your spouse) in a qualifying business in two of the last four fiscal years of at least AUD$200,000 (if you are unsponsored) or AUD$100,000 (if you are sponsored by a State or Territory government);
• have a genuine and realistic commitment to participate, as a substantial owner, in the management of a new or existing business which will benefit Australia; and
• score at least the minimum points required under the Business Owner points test.

More details about the Business Owner category are in the Business Skills Migration Booklet.

        To qualify under the Senior Executive subclass, you must:

• demonstrate that you have had a successful business career;
• have been employed in two of the last four years in one of the top three management levels of a major business with a turnover of more than AUD$50,000,000 (if you are unsponsored) or AUD$10,000,000 (if you are sponsored by a State or Territory government);
• have been responsible for strategic policy development affecting a major component, or a wide range of operations of that business;
• have a genuine and realistic commitment to participate, as a substantial owner, in the management of a new or existing business which will benefit Australia; and
• score at least the minimum points required under the Senior Executive points test.

More details about the Senior Executive category are in the Business Skills Migration Booklet.

        To qualify under the Investment-linked subclass, you must:

• demonstrate that you have an overall successful record of business or investment activities;
• have a total of at least three years experience in actively managing a qualifying business(es) or investment(s);
• in one of the past five fiscal years, have maintained direct and continuous involvement in either managing a business with at least 10% ownership interest or managing eligible investments of at least AUD$1,000,000;
• for the two fiscal years immediately preceding your application, have had net assets (of yours or yours and your spouse) worth at least 50% more than the amount you intend to invest in a Designated Investment in Australia;
• at the time of decision, have made a designated investment in Australia of not less than AUD$750,000 (amount to be determined by Points test) for a three year period;
• have a genuine commitment to maintain business or investment activity in Australia after the designated investment matures; and
• score at least the minimum points required under the Investment-linked points test.

More details about the Investment-linked category can be found in the Business Skills Migration Booklet.

A
        Designated Investment is one that is made to an Australian State or Territory Treasury Corporation and consists of primary-issue government securities with a maturity of no less than 3 years from the date of purchase.
The investment is non-transferable and non-redeemable (that is, the security cannot be sold to another investor or sold back to the issuing authority before maturity) and repayment of the principal on maturity is guaranteed by the respective State or Territory government.
The level of designated investment is limited to amounts of AUD$750,000; or AUD$1,000,000; or AUD$1,500,000; or AUD$2,000,000 with interest paid every six months.
Contact details for Australian State and Territory Treasury Corporations are located at page 24 of the Business Skills Migration Booklet.
You should not make a Designated Investment until advised in writing to do so by the DIMIA office processing your application.
You are not obliged to make your Designated Investment in the same State or Territory in which you intend to settle in Australia.

        To qualify under the Established Business in Australia subclass, you must:

• be in Australia as the holder of a visitor, student or temporary resident visa (other than a special purpose or bridging visa);
• have been in Australia for a minimum of nine months cumulatively in the 12 months prior to application;
• have held an ownership interest of at least 10% in a main business in Australia for at least 18 months immediately before application;
• have been actively involved in, and directly responsible for, the day-to-day management and overall performance of the main business;
• have had net assets in business (of yours or yours and your spouse) in the 12 months prior to application of more than AUD$100,000;
• have had total net assets in Australia (of yours or yours and your spouse) for the 12 months prior to application of more than AUD$250,000;
• have an overall successful business career; and
• score at least the minimum points required under the Established Business in Australia points test.

To qualify under the Regional Established Business in Australia subclass, you must:

• be in Australia as the holder of a temporary Business (Long Stay) 457 visa;
• have been in Australia as a temporary resident for at least twelve months cumulatively in the 24 months prior to application;
• have held an ownership interest of at least 10% in a main business in a designated area of Australia for at least two years immediately before application;
• in each of the two years immediately prior to application, have had a business turnover of at least AUD$200,000 OR exports of at least AUD$100,000;
• have been actively involved in, and directly responsible for, the day-to-day management and overall performance of the main business;
• have had net assets in the business located in a designated area of Australia (of yours or yours and your spouse) in the 24 months prior to application of at least AUD$75,000;
• have had total net assets in Australia (of yours or yours and your spouse) for the 24 months prior to application of at least AUD$200,000;
• have been sponsored by the relevant State or Territory government business agency;
• have an overall successful business career; and
• score at least the minimum points required under the Regional Established Business in Australia points test (unless there are exceptional circumstances put forward by the sponsoring State or Territory government)*.
  • It should be noted that there is only discretion for DIMIA to waive the Points Test for the Regional Established Business in Australia subclass if the sponsoring State or Territory government can provide sufficiently compelling circumstances. There is NO provision for waiver of any of the main threshold criteria for this category.

More details about the Established Business in Australia category and Regional Established Business in Australia category can be found in the Business Skills Migration Booklet.

        Requirements vary between the visa subclasses. Country specific processing checklists are available Hong Kong, Taiwan and PBSPC websites. A generic checklist can be found on page 30 of the Business Skills Migration Booklet.

        Processing times may vary depending on place of lodgement and individual processing requirements. Currently, the average processing time for Business Skills applications lodged in Hong Kong is 57 weeks and for Taipei it is 29 weeks. The average processing time for applications lodged in PBSPC is approximately 26 weeks from receipt at Perth office.

        In most cases, an interview will be conducted as an important part of the application process. Generally, the applicant and his or her spouse will be requested to attend an interview with the case officer.
Interviews will be usually be undertaken in the applicant's country of residence, either at their place of business or the nearest DIMIA regional office or Australian mission.
If a case is being decided at the Perth Business Skills Processing Centre then interviews may take place in Australia upon the applicant's request, however, it may still be necessary for a Departmental official to visit an applicant's business premises to decide the application.

        All applicants for Business Skills visas must pass a Points Test that looks at your age, English language ability, net assets and aspects of your business.
You must gain sufficient points to reach the Pass mark in effect at the time your application is lodged. The current pass mark is 105 for all Business Skills categories.
Each subclass has a different Points Test, details of which and a self-assessment chart can be found within the Migration Booklet Business Skills Migration.

        There is no prescribed level of English language ability for any of the Business Skills migration or permanent residence categories. However, each category measures the language ability of the principal applicant as part of the Points Test assessment.
Where necessary, a determination of an applicant's functionality in English will be made at interview.
In the Business Owner, Senior Executive or Investment-linked categories, all persons 18 years of age and over within an application who are assessed as not having functional English are required to pay a second instalment of the application charge to cover the cost of English language tuition in Australia.

        There is no prescribed age limit for any of the Business Skills migration/permanent residence categories. However, each category measures the age of the principal applicant as part of the Points Test assessment.

        All applicants for permanent visas are required to undergo health examinations - including radiological (x-ray) examinations for all persons aged 11 years of age and over.
You and all members of your immediate family, including dependent family members who do not intend to migrate, must meet the health requirement. If you or any family member cannot meet the health requirement then the visa application must be refused under the Migration Regulations.
Generally, you should wait for a request from the DIMIA staff processing your application before arranging your health examinations as their clearances have only limited validity.
See also:
FAQs - Health Examinations
Information Form 1071i - Health Requirement for permanent visas

        All applicants for permanent visas are required to satisfy the character requirements specified in the Migration Act. Generally, applicants will be required to show that they are of good character by providing character clearances from Police authorities in those countries that they have resided in for at least 12 months within the past ten years.
The DIMIA case officer processing your application will advise you of any clearances you need to obtain and details of how to request these.
See also:
FAQs - Character Checks
Fact Sheet 79 - The Character Requirement

        All Business Skills applicants are required to meet certain obligations.

• Business Owners and Senior Executives are required to sign a declaration that they will, after arrival in Australia or after visa grant if already in Australia:
  • obtain a substantial interest in an eligible business in Australia;
  • notify DIMIA of their address on arrival and/or keep DIMIA informed of their address for the following three years; and
  • will participate in monitoring surveys conducted by DIMIA.
  In the declaration, applicants also acknowledge that if they do not make genuine efforts to participate in business within 3 years (of arrival if the visa is granted outside Australia OR from date of grant if the visa is granted in Australia), then DIMIA may decide to cancel their visa and the visas of their family members.
  
• Investors are required to sign a declaration that, after arrival in Australia or after visa grant if already in Australia, they:
  • intend to maintain investment or business activities in Australia after the 3-year term of their designated investment expires;
  • will notify DIMIA of their address on arrival and/or keep DIMIA informed of their address for the following three years; and
  • will participate in monitoring surveys conducted by DIMIA
  In the declaration, applicants also acknowledge that if they withdraw their designated investment before its maturity (in three years), then DIMIA can decide to cancel their visa and the visas of their family members.
  
• Applicants in the Established Business in Australia and Regional Established Business in Australia categories are required to sign a declaration that, after visa grant in Australia, they:
  • intend to maintain their ownership interest in an eligible business in Australia;
  • will keep DIMIA informed of their address for the following three years; and
  • will participate in monitoring surveys conducted by DIMIA.
  In these two subclasses, there is no provision for DIMIA to cancel the visas of the applicant or their family members.
  In addition to verifying compliance with the Business Skills visa requirements, monitoring of Business Skills migrants enables DIMIA to:
  
• evaluate whether or not the Business Skills Program is meeting its objectives; and
• report to government on the overall performance of the Business Skills Program.

The Business Skills Monitoring Unit of DIMIA contacts Business Skills migrants at 24 months and 36 months after their arrival (or visa grant if granted in Australia) to ascertain the level of business activity that they have undertaken.
Failure to provide the requested information within the required time may result in a fine. If the Monitoring Unit is unable to determine that post-arrival obligations have been met, then action to cancel the visas of the Business Skills migrant and their family members will be instituted.