Immigration & Visa Advice for Business in Australia

To start a business in Australia as a non-citizen, you will need to obtain the correct visa. The Department of Home Affairs is responsible for Australian business visas. If you are not an Australian citizen or permanent resident, you will need a visa to work in Australia.

There are key terms to understand when it comes to visas. One of these is ‘Business Owner’. Visas for business owners are for those who have a successful business career and have a genuine and realistic commitment to be involved as an owner of a new or existing business in Australia.

‘Investors’ is the other term and the following investment visas are for people who have a successful business or investment career, and have a genuine or realistic commitment to be involved in investing or business in Australia.

We have detailed the relevant visas below:

BUSINESS INNOVATION AND INVESTMENT (PROVISIONAL) VISA

If you have business expertise or skills and want to establish a new or existing business in Australia, you should look at a Business Innovation or Investment visa. Before you can apply for these visas, note that you must be nominated by a State or territory government. You should follow the general steps, (but note that we can help you in this regard):

• Submit the expression of interest through the Department of Home Affairs’ SkillSelect service online.
• See if a state or territory government or the CEO of Austrade decides to invite you to apply for a visa. You may contact them directly or wait for them to contact you.
• If you receive an invitation, you can apply for a visa.

A Business and Innovation visa (Provisional) is valid for 4 years and 3 months.

BUSINESS TALENT (PERMANENT) VISA

Another option is a Business Talent (Permanent) visa. To apply for the visa, you must be a foreign citizen wanting to develop a business in Australia and must meet specific financial thresholds for turnover, personal and business assets.

BUSINESS OWNER STATE/TERRITORY SPONSORED AND STATE/TERRITORY SPONSORED INVESTOR VISA

If any Australian State or Territory government business agency wants to encourage a particular business or business person to Australia, it can offer to sponsor the visa applicant in the above three categories. The different state and territory governments have their own criteria for deciding on whom they sponsor. We can assist you with submitting your form 949, and ensuring you meet all visa criteria for the grant.

BUSINESS SKILLS PERMANENT VISAS

These visas are for people who have established the required level of business in Australia while holding one of the above provisional visas. A direct permanent residence visa is also available for high-calibre business people. If you are already in Australia managing your business and would like or need to move from a provisional visa to a permanent visa, please contact us.

THE PRIORITY MIGRATION SKILLED OCCUPATION LIST

If you’re considering immigrating to Australia and applying for a Visa, you should examine the Priority Migration Skilled Occupation List.

The Priority Migration Skilled Occupation List (PMSOL) identifies 41 occupations which fill critical skills needs to support Australia’s economic recovery from COVID-19. The list is based on expert advice from the National Skills Commission and consultation with Commonwealth departments.

Employer sponsored nomination and visa applications with an occupation on the PMSOL will be given priority processing.

The 41 occupations (with the applicable ANZSCO code) are:

• Accountant (General) (221111)
• Accountant—Management (221112)
• Accountant – Taxation (221113)
• Auditor – External (221213)
• Auditor – Internal (221214)
• Cartographer (232213)
• Chef (351311)
• Chief Executive or Managing Director (111111)
• Civil Engineer (233211)
• Construction Project Manager (133111)
• Engineer – Electrical (233311)
• Engineer – Geotechnical (233212)
• Engineer – Mechanical (233512)
• Engineer – Mining (excluding Petroleum) (233611)
• Engineer – Petroleum (233612)
• Engineer -Software (261313)
• Engineer – Structural (233214)
• Engineer – Transport (233215)
• General Practitioner (253111)
• CT Security Specialist (262112)
• Maintenance Planner (312911)
• Medical Laboratory Scientist (234611)
• Medical Practitioners (253999)
• Midwife (254111)
• Multimedia Specialist (261211)
• Orthotist or Prosthetist (251912)
• Other Spatial Scientist (232214)
• Programmer – Analyst (261311)
• Programmer – Developer (261312)
• Programmer – Software and Applications (261399)
• Psychiatrist (253411)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses (254499)
• Resident Medical Officer (253112)
• Social Worker (272511)
• Surveyor (232212)
• Veterinarian (234711)

Need Help? | Contact us Today

You should be aware that legislation in this area is very fluid and changes on a regular basis, therefore, it is important to contact our team for information. We at The Quinn Group offer a special Starting a Business consultation wherein we provide tailored advice and helpful resources such as our recently published book. Call us on +61 2 9923 9166 to arrange an appointment or alternately email us at info@quinns.com.au