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Can I get a Job under the Sub class 163 visa
I recently saw this question on the internet by a person using Pomiz forum. I wasn’t able to log into the forum to provide some assistance but thought it would be a good question to address.
State /Territory Sponsored Business Owner (Provisional) Subclass 163
Hi, I am new today but have been visiting the site on several occasions for info.
I have just got state sponsorship through from Adelaide. I am just about to send off the Subclass 163 once all items are certified.
Does any one know if you can apply for work in Australia whilst you set up your business with a 163 visa for a temporary income or would you need a different visa also? I can not seem to find any info on this. Or do you just have to live off the funds you take out with you?
Can any one help?
I have just got state sponsorship through from Adelaide. I am just about to send off the Subclass 163 once all items are certified.
Does any one know if you can apply for work in Australia whilst you set up your business with a 163 visa for a temporary income or would you need a different visa also? I can not seem to find any info on this. Or do you just have to live off the funds you take out with you?
Can any one help?
My advice to this person would have been:
The short answer is “Yes”, on the sub class 163 visa you are allowed to work as an employee if you wish. Successfully obtaining a sub class 163 visa entitles you to live and work in Australia for a period of 4 years. If you have a spouse who was also granted the visa, they will also be entitled to work and if they are not going to join you in the intended Australian business, then they are free to work for an employer for the entire duration of the provisional visa.
The point of the visa is to facilitate your carrying on an Australian business activity that will eventually enable you to apply for a permanent business visa. In my experience as a migration agent, I have actually advised my clients to consider working for the first 6-12 months when they arrive in Australia as a way of getting their bearings in their new country of residence. Getting straight off the plane with cheque book in hand ready to purchase or invest in a business is not necessary and risky. Take the time to settle the family, put kids into school, rent a home in the short term so you can get to know your new surroundings before settling on somewhere permanent. Go into the Australian work force, particulary if its related to your intended business. It will give you valuable experience and insight as well as help you make new Australian friends and contacts.
Ofcourse, you can’t stay in the job forever. There is a time limit given you need to be able to apply for your permanent business visa before your provisional visa expires. So you need to leave enough time to start in your own business.
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16 COMMENTS
Hi
I am a Software Engineer from Pakistan. Recently I have completed my post graduatation studies from Paksistan along my work.I have a total of 3 years work experience in pakistan in the field of Information Technology.
Please guide me that whether I can apply for the Australian immgration
Regards
Hi Jur,
Your query is more in relation to the Australian skilled visa programme rather than business visa programme which my post concerns. I will be in touch with you directly to provide a skilled visa assessment for you.
Kind regards,
Mege Dalton
Hi It was me who left the question about 163 visa!!! Just happened to come across this reply. Thank you so much! It has really helped and great advice! It is such a minefield!
Do you know what sort of time length the subclass 163 seems to be taking with state sponsorship? I know I am way at the start! But just for house sales etc
many thanks again
Liz
Hi Liz,
Wow, the internet is a small place!
Currently processing times given by the Department of Immigration endeavours to process visa applications within 6-7 months from date of lodgement. I did receive a an acknowledgement and further request in January 2009 from a case officers for a 163 business visa application I lodged for a client in December 2008. This is a quick turnaround. It would be great if DIAC could process quickly giving that business migrants would be a great help to the Australian economy with all that’s going on. Potentially they are going to create jobs as well as bring significant funds to Australia which will be a great benefit.
Kind regards,
Mege Dalton
Hi my name is Monica me my husband and two children want to migrate to Australia but don;t know what visa to apply for and where to do so.Can you assist us pls,
Dear Monica,
Thank you for your visa enquiry via my website. I would be happy to give you an free assessment of your visa options.
I would need to review CVs for yourself and your husband, please include your DOB, all qualifications since leaving secondary school and work experience to present date.
If either of you are self employed, please provide details of your business (structure, size, staff numbers, when you started it and average turnover).
As soon as I have this information I will be able to provide you with migration advice regarding visa options for your family.
Kind regards,
Mege Dalton
Hi there, I am new to this web site. Just wonder how’s the requirement of english standard do they require to apply for visa 163?
Do I need to take up any english test? Someone told me that an ielt test is a must. Wondering how true it is???? Its quite costly though. Pls advice, thanks.
Hello Helen,
Thanks for your question. You will not be required to sit the IELTS test to verify your english language ability if you are the holder of a passport from any one of the following countries:
- Ireland
- United Kingdom
- US
- Canada
- New Zealand
If you hold a passport from any other country than those listed above, you may need to verify your english language ability. For the main business visa applicant, it is a requirement that you have functional english. For any secondary visa applicants who are over 18 years of age (i.e spouse or adult children), they also need to show they have functional english languable ability. If they cannot, a secondary visa applicant charge will apply. Currently this charge is AU$2925.
Kind regards,
Mege Dalton
hi
i recived my 163 viza and my esponsership is frome victoria but now iwant to start my bussines in sydney so please advise me if i can do that and if it make troubles in my permenent viza
iam waiting for respons
thanks
Hamid
Hello Hamid,
It is possible for you to move to NSW to reside and carry on business during the validity of your provisional sub class 163 visa. However, when you are in a position to apply for your permanent business visa and if you require NSW sponsorship, you will need to show that you have obtained an official release from the Victorian government.
You would be familiar with the form 949 (design date July 2007 – the state sponsorship approval form), if you go back to this form and check Part B you will see that this relates to an applicant who is seeking sponsorship from a state for a permanent business visa application and that state was not their original sponsoring state.
There is a question that the original sponsoring state would need to answer (in your case Victoria – followed by space for their official stamp and signature)
“Are you satisfied that there are reasonable circumstances surrounding the relocation of this applicant to an alternate State/Territory during the validity of their Business Skills (Provisional) visa?
The key term is “resasonable circumstances” or in other words what your reasons were for changing state to live and operate a business and whether that state agrees that you were justified in relocating to another state.
I have not had any of my own clients changes states like you are considering so can not advise you on the particular nuances of changing states. Suffice to say, when it comes time for you to apply for a permanent visa and you require state sponsorship you should have spent some time considering the reasons you are going to give Victoria for relocating to NSW. Simply saying you just changed your mind about where you wanted to live would not be taken favourably by any state government who gave you your initial sponsorship for your sub class 163.
All the best,
Mege Dalton
hi
thank you very much for your respons that surprised me becuse you do that in about 30 minuites
now i want to know when i arrived sydney can i do for changing my sponsership and then start to stablish my bussiness beacuse you say i have to wait 4 year and then have reseanable circumstances for permanent viza
please advise me more becuce i cannot wait with doubt and bing worry to if they will accept my reasons
with my best regards and thanks
Hamid
Hamid,
As I said in my initial post to you, you can change states but when it comes to applying for your permanent visa you will need to obtain a release from Victoria.
I understand you may have worries and doubt but you need to have reasonable circumstances to change states, after all you did go through a whole business visa process with Victorian sponsorship.
If you don’t have reasonable circumstances you really should aim to settle and do business in Victoria as you declared to the Victorian government and the Department of Immigration.
Kind regards,
Mege Dalton
Hi
I have applied for a business visa and I am currently going through everything with QLD in order to get the thumbs up from then. It is my understanding that I then need to apply to the Federal Gov for the visa. The question I have which I can’t seem to find the answer to anywhere is:
Once QLD say yes is it then a certainty that I will get my visa but I just have to wait or could the Federal people still turn me down? and If so on what grounds if QLD have already said yes?
Hello Mark,
The Department of Immigration & Citizenship (DIAC) is the only body that can grant immigration visas. The Queensland government is only assessing you against their own rules based on the benefit you will provide to their state. QLD has incorporated the majority of the sub class 163 visa rules into their own assessment process, however DIAC is the ultimate body that will assess whether you satisfy the sub class 163 visa requirements including health and character for a grant of the sub class 163 visa.
Obtaining state sponsorship approval from any of the states, including Queensland is not a guarantee of a visa once a substantive visa application has been lodged with the Department of Immigration. (Alot of the states will actually expressly state this is their sponsorship approval letters to potential business visa applicants for the sub class 163, sub class 164 and sub class 165)
Your visa application for a sub class 163 must meet all the requirements set down by DIAC for it to be successful.
Kind regards,
Mege Dalton
Ok Thanks, I understand that it is only the DIAC that can grant the visa but it it very likely once you have gained state approval or is it literally no benefit at all to have been given the green light from QLD?
Travel Visa…
WHo says the internet is full of garbage? Great post! Rock on……
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