Business Skills Regulation Changes

(From DIAC website)

On 9 August 2008, the regulations relating to Business Skills visas will be amended.

Provisional Visas

Changes

1. Subsequent and Secondary Applications from Family Members of Class UR visa holders - facilitate members of the family unit of persons who hold a Business Skills (Provisional) (Class UR) visa to apply separately for a visa of the same visa class.
   Affected Visas:
   Subclasses 160, 161, 162, 163, 164, 165
2. Class UR - Twelve Months De-facto Relationship Requirement - require persons who seek to satisfy the secondary criteria for a Business Skills (Provisional) (Class UR) visa on the basis of being in a de facto relationship, to be in that relationship for at least 12 months.
   Affected Visas:
   Subclasses 160, 161, 162, 163, 164, 165

Provisional and Residence

Change

Sponsorship Requirements - clarify that a criterion for grant of a sponsored Business Skills visa is that applicants seeking to satisfy the primary criteria have in fact been sponsored and that this sponsorship has not been withdrawn at time of decision.
Affected Visas:
Subclasses 132, 163, 164, 165, 892, 893

Residence Visas

Changes

1. Employee Requirements – Residence Visas - allow applicants to satisfy minimum staffing level requirements for the grant of an Established Business (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa when the total number of hours of employment provided over the relevant period is at least equivalent to the total number of hours that would be worked by the specified number of full-time employees.
   Affected Visas:
   Subclasses 845, 846, 890, 892
2. Bridging Visas and Residency Requirements - allow applicants seeking to satisfy the time spent in Australia requirement for an Established Business (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa, to count time spent on certain bridging visas granted following a valid application for a Subclass 457 (Business) (Long Stay) visa on the basis of being an independent executive.
   Affected Visas:
   Subclasses 845, 892
3. Time in Australia Requirements - allow business owners to travel overseas for regular short periods without this affecting their ability to satisfy the time spent in Australia criterion in an application for a Subclass 845 - Established Business in Australia visa.
   Affected Visas:
   Subclass 845
4. Source of Assets - clarify that the minimum asset requirements in the time of application or time of decision criteria for an Established Business in Australia (Residence) (Class BH) visa and a Business Skills (Residence) (Class DF) visa, must be met using assets that have been lawfully acquired.
   Affected Visas:
   Subclasses 845, 846, 890, 892

Additional information will be available on the departmental website on 9 August 2008