Western Australia and Queensland governments would sponsor the majority of applications . . . → Read More: Australian Business Visa Subclass 163]]> The State sponsored business owner (Provisional)(Subclass 163) visa is the most popular choice of visa for potential business migrants around the world and it accounts for approximately 90% of Australian business visa applications made to the Department of Immigration and Citizenship (DIAC).

Western Australia and Queensland governments would sponsor the majority of applications for this business visa.

The Subclass 163 business visa requirements are:-

• You are less than 55 years of age
• You owned a business which had turnover of at least A$300,000 for 2 out of the last 4 financial years and in those 2 years you managed the business on a day to day basis
• In addition, you must have owned at least:

1. 51 per cent of the business where the turnover is less than AUD400 000 per annum., or
2. 30 per cent of the business where the turnover is AUD400 000 or more per annum, or
3. 10 per cent where the business is a publicly listed company.

• You have a successful business ownership and management background.
• Your net asset level is at least A$500,000 plus an additional amount for your settlement costs in Australia
• You have not been engaged in a business where the provision of professional, technical or trade services took up more than 50 per cent of your time
• You have a genuine commitment to engage in business activities in Australia and has demonstrate that Australia will benefit economically from the proposed business or investment
• State sponsorship approval

If you are business owner want to move to Australia consider applying for an Australian business visa, Mege Dalton of Business Visas Australia would be happy to provide you with an free assessment of your eligibility to apply for a business visa to Australia.

In my experience as an Australian business visa specialist, this question invariably follows after I have assessed someone as being eligible for an Australian business visa 

It’s a good question and should be asked particularly if you are . . . → Read More: Subclass 163 Business Visa for Australia]]> As a potential applicant for the subclass 163 business visa, what are your chances of successfully obtaining this visa?

In my experience as an Australian business visa specialist, this question invariably follows after I have assessed someone as being eligible for an Australian business visa 

It’s a good question and should be asked particularly if you are using a migration agent to represent you, they should be able to give you their professional opinion and explain why.  

Recently I was contacted by a person who was seeking advice as his subclass 163 visa application has been recently refused by the Department of Immigration and Citizenship.  The application had been lodged February 2009 and refused in September 2009).

He had engaged a migration representative who was not a registered agent to represent him and after reading the decision record on his case I was quite taken aback by some of the basic mistakes that were made.  One example was that the representative had provided in the initial application asset evidence which was more than a 1 year old.  Any competent migration agent should know that when providing evidence of asset level of the Australian business visa applicant, all documents must contain the same single date within 3 months preceding the application being lodged. 

The provision of out of date asset evidence will not necessary invalidate or initially be a reason to refuse the 163 business visa application.  The case officer did make a number of requests for the proper evidence to be provided but the representative continued to provide evidence that did not correspond to the relevant dates.  Unfortunately it then became the main reason the business visa applcication was refused as the case officer was not satisfied that the applicant met the minimum net asset level as required under the migration regulartions for the subclass 163 business visa.

In my communications with the visa applicant I also found that he was under the impression form his representative that he had the right to appeal the decision.  He was innocently enquiring as to whether I would be able to represent him in the appeal to the Migration Review Tribunal.  I had to strongly advice him that he as the 163 business visa applicant in fact was never entitled to appeal.  The subclass 163 business visa is an offshore visa and therefore the visa applicant had no recourse to appeal the decision.  Under the migration rules, only the sponsoring authority had the right to appeal.  In his case it was the Victorian government, BUT if he checked the conditions under which Victorian grants it’s state sponsorship for sponsored Australian business visas like the subclass 163, he would see that they do not participate in MRT appeals. 

I am writing this article to emphasise to potential Australian business visa applicants when they are looking into the prospect of applying for an Australian business visa to do the following:-

1.  Seek out assistance of registered migration agent, they can be located visa  - www.mara.com.au (MARA is the professional body that regulates the proper conduct of Australian migration agents).

2.  Ask your migration agent what your chances are and why – Even if you feel that you more than qualify to apply according to the subclass 163 or any other Australian business visa requirements, ask this important question.  A good migration agent is a someone who has good technical ability, excellent critical analysis skills and sound judgment. 

3. DIAC case officers particularly those dealing with Australian business visa applications in my experience have always been good to deal with.  They are courteous and helpful so visa applicants and their agents (if applicable) should reciprocate.  If they request further information, be punctual in dealing with them.  If you can not keep to a due date set, prior to the date ask for extension and explain why. 

All the best.

Kind regards,

Mege Dalton
Business Visa Australia
Australian Registered Migration Agent (MARN 0501113)

I recently received the following question on my blog at www.business-visas-australia.com ..

Hi, I’m on a 163 visa and my son is here with me on the same visa category as a dependent and studying as fulltime student at TAFE collage. I just want to know, roughly how much is he allowed to . . . → Read More: Can Adult dependents be included in an Australian Permanent Business visa application?]]>

I recently received the following question on my blog at www.business-visas-australia.com ..

Hi,
I’m on a 163 visa and my son is here with me on the same visa category as a dependent and studying as fulltime student at TAFE collage.
I just want to know, roughly how much is he allowed to earn if he is to do a part time job and will it affect him when I apply for a permanent visa or would my son be considered as a dependent.
Please be kind enough to advise me on this matter.
Thank you
Fernando
(Submitted on 2009/08/19 at 11:24pm)

It is a such a simple yet very important questions facing any holders of subclass 163 visa, subclass 164 visa, subclass 165 visa and any of the other provisoinal business visas under the Business Skills (Provisional) (Class UR) category.

So I was inspired to write a post explaining my answer to Fernando. My short answer is – adult dependents like Fernando’s son can be included in a permanent business visa application regardless of the son’s part time employment.

The basis for this comes from the Migration Regulations. At the time an application is made for one of the permanent business visas under the Business Skills (Residence) (Class DF) category, any accompanying family visa applicants must be a “member of the family unit” as defined by Regulation 1.12 of the Migration Regulations.

Generally, the definition of a member of the family unit includes:-

1. spouse (either married or de facto)
2. dependent children
3. dependent children of dependent children
4. any relative who resides with the family and is dependent

(Dependency is related to financial dependency only.)

In relation to the permanent business visas this definition of a “member of a family unit” is extended to include a person is a member of the family unit of an applicant if, at the time of application:
(a) the person holds a visa:
(i) of a subclass included in Business Skills (Provisional) (Class UR); and
(ii) that was granted on the basis that the person was a member of the family unit of a holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and
(b) the person is included in the application for the Business Skills (Residence) (Class DF) visa.

If I go back to the example of Fernando and his son, let’s call him Charlie for this exercise, then Charlie is eligible to be included in the permanent business visa application because:-

(a)(i) Charlies holds a 163 visa which is a subclass included in the Business Skills (Provisional)
(ii) Charlie’s 163 visa was granted on the basis that he was a dependant of Fernando the main 163 visa applicant
(b) Charlie is to be included in an application for a permanent business visa, a subclass 892 business owner visa for example.

It wouldn’t matter if Charlie was a student or a full time employee, when his father Fernando is ready to lodge a permanent business visa application, Charlie can be included because he is a “member of the family unit” as covered by the Migration regulations in relation to permanent business visa applicants.

If anyone is in a situation where they are a provisonal business visa holder and need further clarification of this issue please email me directly.

Hope this information helps!

Kind regards,
Mrs Mege Dalton MARN 0501113
Registered Migration Agent