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ELIGIBILITY FOR THE STATE OR TERRITORY SPONSORED BUSINESS OWNER VISA (SUBCLASS 892)

• You must currently hold one of the following eligible visas:

  • 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

  • that 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 must meet the asset and employee requirement.

  • Business Attributes

    • At the time you apply and throughout the 12 months immediately before you apply, you must show that you and/or your partner met at least 2 of the following requirements 

    • Provided an employee, or employees with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full-time employee. Employees must be Australian citizens, permanent residents or New Zealand passport holders and you cannot include yourself or members of the family unit. s

    • how that the net value of your and/or your partner’s net business and personal assets in Australia was at least AUD250,000.

    • net business assets in the main businesses of at least AUD 75,000  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 AUD200,000 

  • Business Practices

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

• You must be sponsored by the regional authority in the state or territory where you conduct your business. 

• 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.