State / Territory Sponsored Business Owner (Provisional) (Subclass 163)

This visa is for people who have a successful business career, and have a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia. This visa is also the first step towards being granted a permanent Business Skills visa.

This visa is for business owners from overseas who intend to own a business in Australia, and are less than 55 years old.

With this visa you can:

• establish a new or existing business in Australia
• travel in and out of Australia any number of times as long as the visa is valid
• have your family accompany you to Australia. They will have access to work and study rights
• establish a pathway to permanent residence

This visa is a temporary visa, and the first step towards being granted a permanent Business Skills visa. You must be outside Australia when this visa is granted, unless you held a student visa at the time you applied.

You may be eligible for a permanent Business Skills visa after holding this visa for a minimum of two (2) years. To be eligible for a permanent Business Skills visa you must meet all the obligations of this visa and additional requirements of the permanent Business Skills visa you apply for. Meeting these requirements may take you longer than two (2) years.

After two (2) years you may be eligible to apply for one of the following visas:

• Business Owner (residence)
  or
• State/Territory Sponsored Business Owner (residence)

Visa validity period

This visa is valid for four years.
If the visa is granted while you are:

• in Australia (Student visa holders only),it is valid from the date of grant
• outside Australia, it is valid from the entry expiry date on your visa label.

Bringing family

The following people may be included in your application:

• your spouse
• your or your spouse’s dependent children
• other dependent relatives living with you.

With this visa you are unable to access Medicare, the Australian Government medical expenses and hospital care scheme.

Private Health Insurance is available to you, but it is not a requirement for the grant of this visa.

Family assistance

With this visa you are unable to access family assistance.

Social security

With this visa you are unable to access social security payments.

Eligibility

Main Applicant Eligibility

You must meet the following requirements to be eligible for this visa. You must provide evidence of each of the requirements with your application.

Age

You must be less than 55 years old (except where the regional authority considers that the proposed business will be of exceptional economic benefit to the region.)

Sponsorship

You must be sponsored by an appropriate regional authority of a State or Territory Government.

Business Success

You must have an overall successful business career.

Business ownership or management record

You must have an ownership interest in a main business (or two main business combined) with an an annual turnover of at least AUD$300,000 in at least two of the four fiscal years immediately before you apply.

or

You are a senior manager (as defined).

Significant assets

Your (and your spouse’s combined) total assets have a net value of at least AUD$250,000 and were legally acquired and are capable of being transferred to Australia within two years of being granted this visa.

Additional assets

You have sufficient assets (additional to those above) to settle in Australia.

Business role

You have not been engaged in a business where the provision of professional, technical, or trade services took up more than half your time.

Acceptable business record

You (or your spouse) have never been involved in unacceptable business activities.

Committed to business in Australia

You must have a commitment to maintain an ownership interest in a business in Australia and have direct and continuous involvement in management of that business

Need to live in Australia

You demonstrate there is a need to live in Australia on a temporary basis for business reasons.

Health requirement

You must meet health requirements to enter Australia.

Character requirement

You must be of good character to enter Australia.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Application document checklist

The checklist provides all the information and supporting documents that you may be asked to provide with your application.

Family Member Eligibility

Eligible family members

Your family members must meet the following requirements to be eligible for this visa. Evidence of each of the requirements with your application.

You can include the following people in the application for this visa.

• your spouse
• your or your spouse’s dependent children
• other dependent relatives living with you.

Adding family to your application

If your child is born after you lodge your application (but before a decision has been made) the child can be added to your application, once you notify the department of the details of the newborn child.

A spouse cannot be added to a visa application after it has been lodged but may submit a separate application.

A child born in Australia is deemed to have the same visa as their natural parents.

Members of the family unit, including a baby born overseas, may submit subsequent applications to join a visa holder in Australia.

Health requirement

All family members must meet health requirements to enter Australia.

Character requirement

All family members must be of good character to enter Australia.

Australian Values Statement

All visa applicants aged 18 years or over, are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years and over will need to sign it. Before signing the statement, applicants for this visa are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Obligations

As a State/Territory Sponsored Business Owner (Provisional) visa holder you are required to provide valuable input to the Australian economy. You are required to obtain a substantial ownership interest in a business in Australia or maintain your investment in Australia for four years. The business must achieve at least one of the following:

• Develop business links with international markets
• Create or maintain employment in Australia
• Export Australian goods
• Produce goods or services that would otherwise be imported
• Introduce new or improved technology
• Add to commercial activity and competitiveness within sectors of the Australian economy

In that business you must also:

• Actively participate at a senior level in the day-to-day management of that business
• Continue to make such genuine efforts to hold a substantial ownership interest.

You may be asked to complete a monitoring survey to provide us with information about your business activities in Australia.

Visa conditions

• You must not marry before you enter Australia
• You must enter Australia before anyone else included in your visa application
  Note: This means your family members cannot enter Australia before you.

Change in circumstances

If your circumstances change, you must inform the department (in writing) as soon as possible.

Applying for a permanent Business Skills visa

You may be eligible for a permanent Business Skills visa after holding this visa for a minimum of two (2) years. To be eligible for a permanent Business Skills visa you must meet all the obligations of this visa and additional requirements of the permanent Business Skills visa you apply for. Meeting these requirements may take you longer than two (2) years.

Charge Type	Charge Amount
1st instalment	$2800
2nd instalment For primary applicants with less than functional English.	$5865
2nd instalment For dependents 18 or over with less than functional English.	$2925