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ELIGIBILITY FOR THE BUSINESS OWNER VISA (SUBCLASS 890)

• You must have one of the following visas to be eligible to apply for this visa:

  • Business Owner (Provisional) visa (subclass 160)

  • Senior Executive (Provisional) visa (subclass 161)

  • Investor (Provisional) visa (subclass 162)

  • State/Territory Sponsored Business Owner (Provisional) visa (subclass 163)

  • State/Territory Sponsored Senior Executive (Provisional) visa (subclass 164)

  • State/Territory Sponsored Investor (Provisional) visa (subclass 165)

  • Your current visa was granted to you on the basis that you, or your partner, or your former partner satisfied the primary criteria for the grant of that visa.

• You must have been in Australia as the holder of an eligible visa for a total of at least 1 year in the 2 years immediately before the application is made. The 1-year period does not have to be continuous.

  • For the 2 years immediately before you apply, you must have had, and continue to have, an ownership interest in one or more actively operating main businesses in Australia.

  • For each nominated main business you must provide evidence of:

    • ownership interest in the business

    • value of your ownership interest

  • for the 2 years immediately before you apply, the value of your ownership interest or the total value of the ownership interest of you and your partner, must have been at least:

    • 51% of a business with a turnover of less than AUD400,000 per year, or

    • 30% of a business with a turnover of AUD400,000 or more per year, or

    • 10% of a publicly listed company

  • you had and continue to have, a direct and continuous management role in that business on a day to day basis (including periods when you are outside of Australia)

  • that each main business meets the criteria to be assessed as a qualifying business

  • obtained an Australian Business Number (ABN) for each of your main businesss (you can rely on a maximum of two ABNs)

  • provide evidence of portal process Business Activity Statements issued by the Australian Taxation Office

  • If you spent more than 6 weeks in total outside Australia during the 2 years, you must explain how you managed the business while you were away.

• You need to meet the assets and employee requirement. This includes:

  • Business Assets

    • At the time you apply and throughout the 12 months immediately before you apply, you must show that you and/or your partner had:

    • net business assets in the main businesses of at least AUD100,000 and those assets were lawfully acquired

  • Business Turnover

    • for the 12 months immediately before you apply, you must evidence annual turnover in your main business (or 2 main businesses together) of at least AUD300,000 

    • Employees

    • for the 12 months immediately before you apply you must provide evidence that the nominated main businesses employed 2 full-time employees or the equivalent of 2 full-time employees. Employees must be Australian citizens, permanent residents or New Zealand passport holders and you cannot include yourself or members of the family unit

  • Business and personal assets

    • At the time you apply and throughout the 12 months immediately before you apply, you must show that the net value of your and/or your partner’s net business and personal assets in Australia was at least AUD250,000.

  • Business Practices

    • You must not have engaged in business activities that are generally unacceptable in Australia.

• There is no age limit for this visa.

• You must meet health requirements.

• You must meet all character requirements.

• You must sign the Australian values statement.

• You must pay back all debts to the Australian government.

• You must not have had a previous visa cancelled or refused.