Under the requirements of the Sponsored business owner visa subclass 892, the main applicant must show that they have resided in Australia for at least 12 months in the 2 years prior to lodging their subclass 892 visa application.
This is an important requirement that can not be avoided by the main applicant.
Recently I received an inquiry from a subclass 163 visa holder who asked whether it was alright for his wife to live in Australia and fulfill the residency requirement instead of him. It is not possible for your spouse or any other member of the family unit to be a proxy in relation to the residency requirement.
The situation may be different, if in fact the spouse intended to be the main applicant in the subclass 892 visa application. That is, he or she owned and managed the Australian business to satisfy the requirements of the subclass 892 as well as resided in Australia for at least 12 months out of the 2 years prior to lodging the application.
Kind regards,
Mege Dalton
Australian registered migration agent (MARN 0501113)
Hi Mege,
I have just spoken to immigration today regarding rolling from 163 to 892. they said there is no minimum time requirement to stay in Australia, so basically you can exit australia as long you as want, but obviously you need to have a business running and some one else can look after the business and you can basically remote control from overseas office.
please confirm whether this is correct. I have to wait for them for a while they confirmed with their legal representatitive.
hope to hear from you soon.
regards,
Steve
Hello Steve,
Thank you for your question.
Under the Migration Regulations a holder of a qualifying visa applying for a subclass 892 must have been in Australia for a total of at least 1 year in the 2 years immediately before making the subclass 892 application. This is a requirement that needs to be satisfied at the time the application is lodged.
The only exception to this rule is if you are a holder of a subclass 495 visa (Skilled – Independent Regional visa – which has now been replaced by the subclass 475 Skilled – Regional Sponsored visa).
Below is the actual residency requirement as stated in the Migration Regulations 1994.
892.215 If the applicant is not the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa, one or more of the following circumstances has existed for a total of at least 1 year in the period of 2 years ending immediately before the application is made:
(a) the applicant has been in Australia as the holder of one of the visas mentioned in paragraph 1104B (3) (f) of Schedule 1;
(b) the applicant has been in Australia as the holder of a Bridging A (Class WA) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223 (7A) of Schedule 2;
(c) the applicant has been in Australia as the holder of a Bridging B (Class WB) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223 (7A) of Schedule 2.
If you are a holder of any of the provisional Australian business visas i.e subclass 160,161,162,163,164 and 165, Regulations 892.215(a) covers these visa holders.
I view the residency requirement under the State sponsored Australian business owner visa subclass 892 as necessary to making a valid application that has a good chance of successfully attaining the application a subclass 892 visa for the applicant.
Kind regards,
Mege Dalton
Australian Registered Migration Agent (MARN 0501113)
Hi Mege,
I have a friend who has applied to change from 163 to 892 visa. But his application has been rejected on the ground that there was not strong evidence that he actually ran the company to fulfill the requirements as set out in this type of visa application. In fact he has been actively running the company and the turn-out of the company satisfied all requirements. His previous agent obviously failed to state his situation clearly.
Could you help?
Kind regards,
Michael
Hi Michael,
Thanks for your question. I have sent you an email which you should receive shortly.
Kind regards,
Mege Dalton
Australian Migration Agent MARN 0501113
Hi Mege,
I’m a holder of 163 visa and I complete my two year involvement in the business after this financial year 2010. I already brought in more than $ AU 300,000. But after spending for my children’s education and other expenses, I have only have a net value of combine personal and business assets worth of close to $AU 260,000. Would that be a problem with the state sponsorship as they require to have $AU 300,000 worth of assets when applying for the 892 visa.
My son is 21 years old a dependent under my visa and studding a full-time course at a TAFE collage, meanwhile he is also working part-time at a local cafe and works 24 hours a week and roughly earning $AU 450 a week
I want to know if my son would still be considered as a dependent under my visa when applying for 892 visa.
Could you please be able to help me with this matter?
Thank you
Kind regards,
Silvestre
Hi,
I have just applied for PR from the 163 visa, and the immigration officer has already been to my office to inspect.
Would you possibly know how long does it take to know the outcomes of my application?
Thank you.
Kind Regards,
Agnes
Hello, Mege Dalton
I have some question, would you please give me some idea of my probelm shown as below:
Residency of company: How should the residency of a company be defined? What are the problems of the current definition in Australia? Compare it with the definitions adopted in other countries such as the US, UK and New Zealand. How can the current definition be improved?
thanks a million
Air
Dear mega i am going to apply for 163 visa ,to get PR at 892 is i need to fullfill only two of requirements of all of three as fallows?
ou must also meet at least two of the following three requirements (unless the appropriate state/territory authority has determined there are exceptional circumstances).
* Net business assets – the net value of your (or your and your partner’s combined) assets in the main business (or two main business) in Australia is at least AUD75 000 throughout the 12 months immediately before you apply.
* Net personal and business assets – the net value of your (or you and your partner’s combined) personal and business assets in Australia has been at least AUD250 000 throughout the 12 months immediately before you apply.
* Provided employment – throughout the 12 months immediately before you apply your (or your and your partner’s) business or two main businesses employed at least the equivalent of one full–time employee who is:
o an Australian citizen, permanent resident or New Zealand passport holder
o not a member of your family.
Annual turnover
Your main business (or two main businesses together), had a turnover of at least AUD200 000 in the 12 months immediately before you apply.
See: Definitions
This may not apply if you meet all of the following conditions:
* you met at least two of the three requirements above (net business assets, net personal and business assets, provided employment)
* the appropriate state/territory authority has determined there are exceptional circumstances
* both your business and residence is located in a designated regional or low growth area
hi mega could you please help me to file my case for subclass 163 how much you charge for this case and my file is ready by me to submit for further process.
irfan
Hi, I have a friend and their 892 visa was rejected. (not enough time in australia) did not show enough control of the business. Can my friend just apply again?
Hi Mege,
I am hoping to move to Australia under the labour agreement and have a 21 year old son who we would like to move with us. I believe he is not eligible to move on my visa unless we can prove he is completely dependent on us as a family. He is enrolled on a full time education course in the UK this September, would this be sufficient to support our request to have him included on my visa?
Thank you.
Bob
Hi
Ca anybody suggest what is the standard time immigration takes to process 892 visa. I had lodged a paper application in mid Jan and have heard nothing from them. We have sodl the business based on which we had applied as it was a franchisee and it was difficult to hold it.