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Business Owner visa

What this Business Owner visa lets you do

This is a permanent residence visa. It lets you and any family members who have also been granted this visa:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

Before you apply

Before you apply you need to notify the business development agency in the state or territory in which you intend to continue your main business.

To do this:

You can notify agencies in more than one state or territory.

A representative will sign, stamp and send it back to you. Include this completed form with your visa application.

Your passport

You need a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of  the department of immigration and border protection  offices.

Cost

The visa application charges are listed in Fees and charges.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.


Who could get this visa

You might be able to get this Business Owner visa if:

Business requirements

You must show you can meet the following requirements in order to be granted a Business Owner visa (subclass 890):

  • ownership of a main business or main businesses
  • acquisition of a main business or main businesses
  • employees and business/ personal assets
  • turnover
  • management in the main business or main businesses.

Ownership     of a main business or main businesses

You must have had, and continue to have until a decision has been made on your visa application, an ownership interest in up to two actively operating main businesses in Australia for at least two years immediately before an application is made.
You and your spouse or de facto partner must own at least:

  • 51 per cent of the business where the turnover is less than Australian dollars (AUD) 400,000
  • 30 per cent of the business where the turnover is AUD 400,000 or more,or
  • 10 per cent where the business is a publicly listed company.

Further information on how to demonstrate legal ownership of the business(es) is available in the Document checklist.

Acquisition of a main business or main businesses

You must be able to demonstrate that you legally acquired or established the business or businesses nominated in your application. Further information on how to demonstrate legal acquisition of the business(es) is available in the Document checklist.

You must also show:

Employees – throughout the 12 months immediately before you apply your (or you and your partner’s) businesses employed at least the equivalent of one full–time employee who is both:

  • an Australian citizen, permanent resident or New Zealand passport holder
  • not a member of your family.

Business assets – the net value of your (or you and your partner’s combined) assets in the main business (or two main businesses) in Australia is at least AUD 100,000 throughout the 12 months immediately before you apply

  • Business and personal assets –the net value of your (or you and your partner’s combined) personal and business assets in Australia has been at least AUD 250,000 throughout the 12 months immediately before you apply.

Further information on how to demonstrate employment and business/personal assets is available in the Document checklist.

Turnover

You must provide Business Activity Statements (BAS) lodged with the Australian Taxation Office (ATO) for the two years immediately before the application is made, and also demonstrate that the main business, or main businesses in Australian together, had an annual turnover of at least AUD 300,000 in the 12 months immediately before the application is made.

Further information on how to demonstrate turnover is available in the Document checklist.

Management in the main business or main businesses

You must supply evidence that you have participated in the day to day management of your nominated main business(es), and evidence of your involvement in making decisions affecting the overall direction and performance of the business, throughout the 24 months immediately prior to the date of application.
If you spent more than six weeks in total abroad during the 24 month period, you must account for any management activities that you undertook in relation to the business during this period and provide evidence of how you managed the business while you were absent.
Further information on how to demonstrate management is available in the Document checklist.

Health requirements

You must meet certain health requirements. The results are usually valid for 12 months. Do not arrange a health examination until the department of immigration and border protection ask you to.

This also applies to all members of your family unit  listed in your application, whether they are migrating or not.​​

Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.

This also applies to all members of your family unit  listed in your application, whether they are migrating or not.​​

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this Business Owner visa can be granted.

Including family in your application

You can include the following people in your visa application at the time of lodgement:

  • your partner
  • your child/step-child or your partner’s child/step-child.

For detailed information regarding who you can include in your application see including family members in your application.

The application must include documentary evidence of their relationship to you.​​

Members of your family unit must be able to show that they meet health and character requirements.​

You can add members of your family unit to your application until it has been decided.

How to apply

This information explains what you need to do to apply for a Business Owner visa (Subclass 890).

You must be in Australia when you lodge your application. Your family can be in or outside Australia.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

Lodge your application by post or in person

To apply for this Business Owner visa you must complete:

Lodge your application at the Adelaide office in South Australia – attention Adelaide Business Skills Processing Centre. You must provide all relevant documents and pay the visa application charge by credit card when you apply.

You can pay by credit card, debit card, bank cheque or money order made payable to the Department of Immigration and Border Protection.

More information

Please refer to preparing your application, for information on certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.​​​​

After you have applied

After you have lodged your application and documents, the department of immigration and border protection will acknowledge that they have received your information.

Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

If you apply for this Business Owner visa in Australia, you would be able to get a Bridging visa that allows you to stay in the country lawfully while your application is processed. If you are given a Bridging visa A, you can apply for Bridging visa B to travel outside Australia while you wait for a decision.

Provide more information

You can provide more information to us, at any time until a decision is made on the application. If you want to correct information you provided, use:

We could also ask you for more information. You will have to respond by a set date. After that date, the department of immigration and border protection can make a decision about your application using the information that the department of immigration and border protection have.

If another person gives the department of immigration and border protection information that could result in you being refused a visa, the department of immigration and border protection will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in your circumstances

You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount. If you are not able to use ImmiAccount, you can use the following forms:

If you do not provide the department of immigration and border protection with the details of any new passport issued to you, you could experience significant delays at the airport and might be denied permission to board your plane.​​

Withdrawing your application

​You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.

​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal.​​​​​​

Visa decision

If the visa is granted, the department of immigration and border protection will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.​

If the visa is not granted, the department of immigration and border protection will let you know:

  • why the visa was refused
  • your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
  • the time limit for lodging an appeal.

Document checklist

You need to provide documents to support your application for this visa. the department of immigration and border protection can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless the department of immigration and border protection specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

Forms

Charges

Business documents

  • Overview of your business career and intentions in Australia, which can include:
    • a statement outlining your intended business and/or investment activities
  • Overview of your business activities and assets in Australia. Provide a short summary (no more than two pages) addressing:
    • your overall business career
    • your ownership interest in your business(es) in Australia including size and length of ownership
    • a summary of your Australian business’ activities
    • your management role in your business(es) over the two years before application
    • your net assets of your business(es) throughout the 12 months before application
    • the turnover of your businesss(es) for the 12 months before application
    • the number of employees employed by your business(es) throughout the 12 months before application, their citizenship/residency status and relationship to you, if any
    • your net assets in Australia throughout the 12 months before your application.
  • Evidence of business ownership for two years before application. This should include one or more of the following:
    • evidence of the purchase of the business
    • partnership, trust or franchise agreements (include all pages and related schedules, with evidence of stamp duty paid)
    • evidence of the issue, purchase or transfer of shares showing:
      • date of ownership
      • if shares purchased or transferred, provide evidence from the relevant state revenue office that stamp duty has been paid, or that the shares have been registered with the Australian Securities and Investment Commission (ASIC)
      • historical ASIC company extract.
    • Evidence that you have participated in the day-to-day management of the business for two years before application, which can include:
      • business of contracts
      • minutes of meetings
      • documents initiated or authorised.

Evidence needs to demonstrate involvement in decisions about the management of the whole or substantial part of the business and responsibility for such areas as strategic management, recruitment, price structure, business profitability, expenditure.

  • Evidence of Australian Business number (ABN) for each business claimed. Evidence must be provided for each business for the two years before application.
  • Business Activity Statement (BAS) for each business claimed. BAS must be provided for each business claimed for each period in the two years before application. If you do not have a BAS for any period within the two years, provide evidence from the Australian Taxation Office that you were not required to provide a BAS, plus supporting business documentation (for example most recent business taxation returns).
  • Extracts from financial statements for your business, including balance sheet, profit and loss statement and notes to the accounts. The financial statements should:
    • be signed by directors and the accountant
    • be prepared by an accountant to Australian Accounting Standards
    • cover the beginning and end of a 12-month period ending no more than three months before date of application.

Evidence of employees

  • Evidence of the employment of employees in the main business or main businesses in Australia:
    • evidence of at least two full-time employees (or of part-time employees who are the equivalent of two full-time employees) throughout a 12 month period ending no more than three months before the date of application. This period should be the same period covered by the financial statements of the business that you have provided. Evidence should include PAYG summaries, wage books, employee contracts, workers compensation, insurance and superannuation documents.
    • evidence of residency/citizenship status of employees for the employment period that you have specified (for example, copy of passport, birth certificate, citizenship certificate).
  • Other business documents:
    • one-page organisational chart for each business claimed, showing your position, staff attribution, management reporting lines and functional responsibilities over the two years before application.
    • photos of business premises and business activities (maximum six photos).

Net assets of you and/or your partner (spouse or de facto)

  • A one-page summary statement outlining all assets and liabilities for the beginning and end of a 12-month period ending no more than three months before the date of application. This period should be the same period covered by the financial statements and employee records that you have provided for the criteria listed above.
  • Evidence of ownership and net value of assets held in Australia (minimum AUD 250,000 of assets, excluding liabilities, must be demonstrated). Only include assets held in Australia.
  • You must provide evidence covering the beginning and end of the 12-month period ending no more than three months before application. This period should be the same period covered by the financial statements and employee records that you have provided in addition to a summary of assets.
  • You must include evidence of liabilities (if any) against each asset such as mortgages, loans including unsecured and third party loans, credit cards etc.
  • If you want to include assets held in trust, you must include a copy of the trust deeds.
    • for cash assets in Australia:
      • bank statements or term deposit certificates. All bank statements/certificates must have the same date of issue for each point in time (for example 30 June 2007 and 30 June 2008).
    • for real estate assets:
      • evidence of ownership (title deeds)
      • evidence of value (valuation certificate by an accredited property valuer).
        Valuations by real estate agents who are not accredited property valuers are usually not acceptable.
      • mortgage statements (if applicable) showing balance of amount owed.
    • for business net assets in Australia:
      • evidence of ownership and value.
    • for personal or business loans in Australia:
      • loan agreements, loan statements indicating amount borrowed and repayment schedule, listed in business balance sheet (if loan to/from a business).
    • for stocks and bonds:
      • share or bond registers, share or fixed interest securities or debentures certificates, transfer certificates, market value.

Your identity

  • Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder’s photo and personal details and the issue/expiry dates).
  • One recent passport sized photograph (45 mm x 35 mm) of each person included in the application.
  • These photographs should be of the head and shoulders only against a plain background.
    • Print the name of the person on the back of the photograph.
  • If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change.
  • If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.
  • An AFP National Police Check for you and each member of your family unit aged 17 years or over (whether applying or not) who, in the last 10 years, has been in Australia for 12 months or more since turning 16.
  • Police clearances for you and each member of your family unit aged 17 years and over (whether applying or not); from each country where, in the last 10 years, that person has lived for 12 months or more since turning 16.

Your relationships

Your children

  • If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:
    • certified copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order
    • Statutory Declaration (80KB PDF) giving their permission
    • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125KB PDF).
      If you use Form 1229 or a statutory declaration, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or driver’s licence) with their photograph and signature.


What this Business Owner visa lets you do

This visa allows you to manage your business and investment activities in Australia.

This is a permanent residence visa. It lets you and any family members who have also been granted this visa:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol inMedicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship(if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

You and your family are not able to access social security payments.

You can qualify for a Special Benefit payment from Centrelink if you suffer a major change of circumstances that is beyond your control.

Your obligations

You and your family must comply with all visa conditions and Australian laws.

You must fulfil your business obligations.

Source: The Australian Department of Immigration and Border Protection. Please visit www.border.gov.au to get updated information.