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

regards
Aurita

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)

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?

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

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

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

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

Thank you.

Kind regards,
Wendy Liao

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