Subclass 132 Visa

If you have had a successful business career, own substantial part of the business, and assets, and want to stay in Australia permanently – you may wish to apply for a 132 Business Talent Visa.

Basic eligibility criteria from the Department:

  1. Be nominated by a State/Territory
  2. Business acumen and ambition:
    • an overall successful business career
    • a genuine desire to own and manage a business in Australia
    • You or your partner must not have had any involvement in business activities that are of a nature that is not generally acceptable in Australia.
  3. Owning substantial part of a business:
    • For at least 2 of the 4 fiscal years before you were invited to apply, you, your partner, or you and your partner combined, must have had an ownership interest in one or more qualifying businesses in which your net value was at least AUD400,000. If the qualifying business is a publicly listed company, your shareholding must have been at least 10 percent of the total issued capital.
  4. Assets
    • The business and personal assets of you, your partner, or you and your partner combined, must be at least AUD1.5 million:
      • lawfully acquired
      • available for transfer to Australia within 2 years after the visa is granted
  5. Annual Turnover
    • Your total annual turnover must be at least AUD3  million:
      • from at least 1 business and no more than 2 businesses
      • for at least 2 of the 4 fiscal years immediately before you were invited to apply for this visa
    • Your ownership interest must be either:
      • 51% or more of a business with turnover of less than AUD400,000 per year
      • 30% or more of a business with turnover of more than AUD400,000 per year, or
      • 10% or more of a publicly listed company
  6. Total net assets:
    The total net assets of you, your partner, or you and your partner combined, must be at least AUD400,000 from the ownership interest in one or more qualifying businesses, gained over at least 2 of the 4 fiscal years immediately before you were invited to apply for this visa.
  7. Age: under 55 years

State Nomination Criteria

NSW

Potential applicants for this visa who are considering a business in property development should contact the NSW skilled migration team  before preparing an application.

Business plan: You must provide a business plan that demonstrates your realistic commitment to establish or participate in a business in NSW that will be of significant benefit to the NSW economy.

Funds transfer:

If your proposed business will be in Sydney

  • you must transfer at least A$3 million in funds to NSW for business and settling and living expenses (inclusive of A$1.5 million business investment – see “Business investment and job creation” requirement).

If your proposed business will be in Regional NSW

  • you must transfer at least A$2 million in funds to NSW for business and settling and living expenses (inclusive of A$1 million business investment“ – see Business investment and job creation” requirement).’

Business investment and job creation

If your proposed business will be in Sydney, your business plan must demonstrate:

  • business investment of at least A$1.5 million in the proposed business; and
  • that your business will create at least five new full time equivalent jobs in NSW.

If your proposed business will be in Regional NSW, your business plan must

demonstrate:

  • business investment of at least A$1 million in the proposed business; and
  • that your business will create at least three new full time equivalent jobs in NSW.

The business investment must be in property, plant & equipment, inventory, or

purchased goodwill.

This definition applies to businesses that will be in Sydney and Regional NSW

Victoria

Living in Victoria

You must have a genuine commitment to establish a residence and reside in the State of Victoria permanently.

Significant Business History

You must have attained a high degree of commercial success in one or more fields of endeavour and demonstrate how you will use your entrepreneurial skills to develop and grow a Victorian-based business.

Business in Victoria

Not all business activity is eligible for nomination. Exclusions include:

  • passive investment
  • general importing
  • exporting of commodities and scrap metal
  • small scale freight forwarding and warehousing
  • smaller project-based property development.

Property development

If your proposed business activity relates to property development, you must meet the following additional requirements:

  • have relevant qualifications and experience (e.g. architecture, engineering, construction management). Extensive relevant experience may substitute a qualification – this will be considered on a case by case basis
  • the property development activity aligns with one of  Victoria’s priority sector strategiesexternal link
  • the minimum A$2 million capital investment does not include land purchase costs, and
  • the activity must not be small scale, project-based property development.

Business management

You must demonstrate how you will undertake senior level day-to-day and overall strategic management of the business.

Capital investment

Your net capital investment into the Victorian-based business will be at least A$2 million.

Business proposal

You must provide a business proposal, supporting research and framework that demonstrates that:

  • you have reviewed and evaluated your proposed business activity thoroughly
  • the proposed business activity is high quality, from a high-calibre person.

The business proposal is to be detailed within the application form. It should include as much information as possible including:

  • relevant market research
  • market entry strategy
  • competitor analysis
  • strengths, weaknesses, opportunities and threats (SWOT) analysis
  • projected cost analysis
  • location research
  • evidence of a joint-venture partnership (if relevant)
  • evidence of any communication with potential suppliers
  • distribution channel information
  • marketing plan
  • feasibility study
  • the role of the applicant in the business.

It is expected that you have visited Victoria and undertaken detailed market research, and consulted with relevant government agencies where appropriate.

Tasmania
  • Must genuinely intend to live in Tasmania permanently and continue to contribute to Tasmania
  • Must have visited Tasmania
  • Must be a high-calibre business owner or part-owner, with a history of successful business management activity
  • Have skills and background that will make an ongoing positive contribution to the state
  • Must have entered into an agreement with an actively operating Tasmanian business to invest at least $2 million into an Tasmanian business or investment opportunity; or
  • Propose an investment of at least $2 million into a new or existing business that will have significant economic benefits for Tasmania. 
    This may involve substantial add on benefits in the following areas:
    • Investment in key Tasmanian industry areas
      • Food and beverage production
      • Tourism
      • Aquaculture and Agriculture
      • Minerals and mining industry
      • Forestry and timber
      • Antarctic and marine science 
      • Information and communications technology
      • Arts and Creative industries
    • Flow on benefits to other areas of the economy
    • Introduction of new skills, technology, innovations
    • Creation of jobs
    • Trade expansion
    • Innovation
    • Investment outside Greater Hobart
  • Must demonstrate how the applicant will undertake senior level day-to-day and strategic management of the business.
  • Have sufficient personal funds, to settle in Tasmania

Property development requirements

  • A minimum AUD 2 million investment leading to creation of at least 4 properties for general sale or tourism, low income or student accommodation.
  • Property development must add to stock of housing available for purchase to general public, or to low income / student accommodation
  • Sale of developed property must be at arms-length (not to a known or related individual/business)
Queensland

To seek Queensland state nomination through this visa stream you must:

  • demonstrate that you have net business and personal assets of at least A$1.5 million to be transferred to Queensland within 2 years of your visa being granted, which includes a minimum of A$1 million for investment into a business and a minimum of A$500,000 for settlement costs

demonstrate a commitment to Queensland with an intention to reside and invest in Queensland.

South Australia

Commitment to SA

Clients must have visited South Australia previously to be eligible for State nomination. Applicants who have not visited SA will be refused State nomination. Evidence must be provided at time of application for State nomination. Information to be collected is the date and duration of the visit, where in SA you have visited and the nature of your visit

The Benefit to State (BTS) requirements vary depending on the client’s age, business type and location. You must confirm to meeting at least one of the listed requirements through your business in South Australia within the first two years of holding the visa. At the two-year review, you must provide evidence of the BTS achievement.

Benefit to State Under 55 Regional   Under 55 Over   55 Regional
 Over 55 
a. Export* $600,000
 From 1 July 2018 majority   cannot be wine if total exports   are less than $1 million
$500,000 $1.5m $1m
b. Jobs 4 FTE 3 FTE 8 FTE  6 FTE 
c. Investment into a business $1.5m $1m $3m $2m
d. Property development   $1.5m $1.5m $2m $2m

Provide information to Immigration SA to enable a two year review after visa grant.

The information must detail the type of business being conducted, scale of the business and which of the Benefit to State requirements you have met. 

Registered your arrival in South Australia with Immigration SA and maintained current contact details for the duration of your visa.

WA

State nomination criteria includes:

  • you have maintained at least a 30 per cent ownership share (or 10 per cent where the business is a publicly listed company) and directly managed a business which had turnover of at least AUD$3,000,000 for two of the last four fiscal years
  • your net assets in business were at least AUD$400,000 for two of the last four fiscal years
  • your proposed business activity in Western Australia will generate substantial economic benefits for the State of Western Australia (refer to the State nomination guidelines)
  • you must maintain a substantial ownership interest in your proposed business activity in Western Australia
  • you will meet the business investment, employment creation, own a residence, and you and your family will live in Western Australia, as negotiated in your State nomination agreement with the Government of Western Australia, at time of Department of Home Affairs 24 month Survey of Business Skills Visa Holders (Form 1010)
  • you are less than 55 years of age, or you are proposing to participate in a business activity which will be of exceptional economic benefit to the State

Proposal must be:

  • For any qualifying business
    • value of net assets to be in business in Western Australia: at least AUD$1 million
    • creation of new jobs (full time equivalent) in Western Australia: at least two
    • own a residence, and you and your family will live in Western Australia
  • For property development businesses:
    • value of net assets to be in business in Western Australia: at least AUD$2.5 million
    • creation of new jobs (full time equivalent) in Western Australia: at least one

own a residence, and you and your family will live in Western Australia

Northern Territory

The NT Government will assess Applicants for Business Innovation and Investment (Subclass 188) and Business Talent (Subclass 132) visas on:

  • your ability to contribute economically to the NT
  • the benefit to the NT from proposed activities
  • your ability to deliver on the proposed activity.

Proposed investment activities

Activities must benefit Australia’s Northern Territory (NT) and align with its economic goals.

Investment activities benefiting the NT can include:

  • transfer of new capital
  • generation of new employment
  • generation of Indigenous employment
  • expansion of trade in NT goods or services
  • development of export markets for NT products or replacement of imports
  • introduction of new skills, expertise, technologies or innovations
  • investment in remote areas
  • investment in a range of areas such as healthcare, education, tourism, mining and primary industries and fisheries
  • have a significant flow on effect to other sectors of the economy.

Ability to deliver

You must have:

  • an understanding of Australia’s Northern Territory (NT) business and investment
  • genuine intentions to actively pursue business or investment in the NT
  • the financial capacity and business acumen to support your activities.

You can demonstrate this by:

  • having an existing business in the NT
  • having a history of dealing with NT businesses
  • social links to the NT, including relatives and associates
  • undertaking an exploratory visit to research establishing a business in the NT
  • having established a residence in the NT
  • showing you have researched the business and investment environment of the NT

showing you have an understanding of the legal and licensing framework for operating a business in the NT.

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