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I attained a subclass 163 visa with Victorian state sponsorship, can I do business in another state?
I recently had an enquiry from someone who had obtained Victorian state sponsorship for his sub class 163. He now had his sub class 163 visa application approved by DIAC.
He was asking me for migration advice as to whether it was possible for him to now do business in NSW rather than Victoria on his newly attained sub class 163.
My advice to him as a 163 visa holder or a holder of any sponsored business visas like the sub class 164 or sub class 165 is that – It is possible for you to move to another state to reside and carry on business during the validity of your provisional business visa. However, when you are in a position to apply for your permanent business visa and if you require state sponsorship, you will need to show that you have obtained an official release from the state that first sponsored you.
A sponsored business visa applicant would be familiar with the form 949 (design date July 2007 – the state sponsorship approval form), if they went back to this form and check Part B they would 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 (i.e 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 states to live and operate a business and whether that state agrees that you were justified in relocating to another state.
To the particular person who asked me the question about changing states I advised that I have not had any of my own clients changes states so could not advise him on the particular nuances of changing states. Suffice to say, when it comes time for him to apply for a permanent visa and he required state sponsorship he should have spent some time considering the reasons he was 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 his sub class 163. Afterall it takes most people 9 months or so to obtain a business visa, and it’s assumed that you have researched your business location thoroughly when deciding where you wanted live and operate a business.
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11 COMMENTS
Could you please clarify what you mean by “when you are in a position to apply for your permanent business visa and IF YOU REQUIRE STATE SPONSORSHIP”Does this mean if you did change states there is a permanent visa which you can then apply for without state sponsorship? If so which is this and what is the difference to the 949?
Many thanks
Liz
Hi Liz,
There are permanent business visas that do not require sponsorship. For example the sub class 890 Business owner visa.
Refer to http://www.business-visas-australia.com/permanent-business-visas/
This visa does have higher financial threshold & residency requirements.
Changing states is a secondary issue. If the Australian business is going very well and can meet the following requirements of the sub clas 890, they can avoid the sponsorship phase altogether & just apply directly to DIAC for the sub class 890 permanent business visa.
Sub class 890 visa requirements
For at least 2 yeras immediately before the application is made you must have:-
had a continuous ownership interest and management role in an actively operating main business in Australia; and
spent a cumulative total of at least 12 months in Australia in the 2 yeras immediately before the application was made
Also through the 12 months immediately before the application is made:-
your nets assets in your main business/es in Australia must be at least A$100,000; and
your annual turnover of your main business/es in Australia must be at least A$300,000; and
your main business/es must have employed the equivalent of at least 2 full time employees who are Australian citizens, permanent residents or New Zealand passport holders who are not members of your family unit; and
the totel net asset value must be at least A$250,000.
spent a cumulative total of at least 12 months in Australia in the 2 yeras immediately before the application was made
Kind regards,
Mege Dalton
Hi Ms Mege Dalton
Just want to double check with you about the application of visa 890. I currently hold a visa subclass 163 South Australia Government Sponsored. Now I want to start my business in Victoria and do not require state sponsor. So do I have to seek relief from SA or can I just start my business in Victoria even though the business is not the same as in the business plan which submitted for SA (when I firstly applied for my visa 163).
Thank you.
Kind regards,
Wendy Liao
Hi Wendy,
You do not need to “seek relief” from the SA government if you are applying for the subclass 892 visa which does not require sponsorship.
Kind regards,
Mege Dalton
Hi Mege Dalton,
I has Subclass 163 visa ( VIC) and I will apply for subclass 890 or 892. I have one query, for which I got different answers from different persons.
My question is, when the 2-year period of “actively involved in operating business” begins to count, under the DIAC rules ? I have signed the lease agreement for the premises in VIC on,say, 1 July 2009, and the premises will be for a new restaurant which I will set up. The commencement date of the lease period will be 1 August 2009. The fitting period will take about 3 months and the restaurant will not start the operation until 1 October 2009. You may foresee that until the restaurant begins its operation, I now have a number of things to do such as doing business plan, finding and retaining a restaurant and interiors designer, contacting and hiring contractors , contacting suppliers, applying for permits, contactng bankers etc.
When will the 2-year period be start ? 1 July 2009, or 1 August 2009 or 1 October 2009 ?
I appreciate you reply.
Regards
Yukate
Hi Yukate,
Thank you for your email, you raise a very interesting point. My own point of view would be to play it on the safe side and the date your restaurant is open for business is the date that it began “actively trading”. So if yo opened the doors to customers on 1 October 2009 then this is the date you began actively trading.
Up until this point the business is in the set up phase.
Are you concerned about the timing due to the time left on your 163 visa?
Kind regards,
Mrs Mege Dalton
Registered Migration Agent 0501113
Hi Mege,
You are very responsive and this impressed me. Thank you for your reply.
I agreed with your view.
My recent history was that once I got subclass 163,I set up the company in VIC and used this company to buy the business, for which the business purchase agreement was signed in April 2009. However the vendor did not fulfill the conditions and I ended the agreement for cause. I was thereafter advised that the two-year period began to be counted from the day when my company entered into the business purchase agreement in April 2009. Nevertheless since the deal was abortive, I now got to set up a new restaurant business.
No, I was not concerned of timing because my and my family’s Subclass visa 163 will not expire until January 2013 but I wish to apply for a PR once the two-year period has elapsed, assuming that all other qualifications have been met.
I kept your contact details in my note book.
Regards
Yukate
hi mege,
I currently hold business visa class 163 sponsored by WA.
My query is that can my spouse operate a business on my behalf in WA or do i have myself personally to stay in WA for a period of minimum 12 months in the last 2 years for me to qualify for PR?
Hello Harish,
If you intend to be the main applicant in the permanent business visa application for a subclass 892 then you need to have been resident in Australia for at least 12 months in the 2 years prior to making the application.
Kind regards,
Mege Dalton
Australian registered migration agent (MARN 0501113)
Hi Mege,
I have a PR from Australia under 176, sponsored by the state of ACT. I now find there are roles that are far more suitable in other parts of the country. Would it be appropriate for me to try and secure a job in another state and possible therefore to get the state of ACT to release me? if yes, what might be form that I need to get filled or the procedure to get ACT to release me?
regards
Aurita
Hi Mege!
My question also same as Aurita. I have got state sponsorship from Victoria. I am in Australian soil for 4months yet couldn’t find job. Whereas other states have potential demand for my skill. Can u please advice me how can I get state sponsorship release for couple of years provided that I will take the moral responsibility once I get experience in Australia.
Regards.
Mura
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