Business Migration

Significant Business History Stream - Subclass 132

Do you have an extremely successful history of business ownership and management? Are you looking to migrate to Australia and use that talent to benefit Australians? Then this visa may be the visa for you.

All subclass 132 visas require state or territory nomination, and each state or territory has its own requirements for nomination.

Like General Skilled Migration program visas, subclass 132 visas require submitting an Expression of Interest through Skill Select. However, there is no points test requirement for this visa.

Subclass 132 application process

1. If necessary, sit an English test
2. Apply to an Australian state or territory for subclass 132 nomination
3. If successfully nominated, lodge an Expression of Interest with SkillSelect
4. Receive invitation to apply
5. Make application within 60 days of invitation

Subclass 132 visa eligibility criteria

The main criteria for eligibility for a subclass 132 visa in the significant business history stream include:

• You are nominated by an Australian state or territory
• You and your partner or spouse do not have a history of involvement in business or investment activities of a nature not generally acceptable in Australia
• You have not yet turned 55, unless your nominating state or territory is satisfied that the business activity you are proposing would be of exceptional economic benefit to that state or territory
• You have an overall successful business career
• For at least 2 of 4 of the last fiscal years before your invitation to apply, you had an ownership interest in at least one business with an annual turnover of at least AU$3 000 000 in each year
• You and your spouse’s net assets in your business(es) total at least AU$400 000.
• You and your spouse/partner together hold net business and personal assets of at least AU$1 500 000which can be applied to an Australian business
• Your assets and your spouse/partner’s assets were lawfully acquired and are available to transfer to Australia within 2 years of visa grant
• You have a realistic commitment towards participating in business activities in Australia and maintaining ownership and management of an Australian business
• Standard health and character criteria

Subclass 132 cancellation – what to watch out for

Although the subclass 132 visa is a supposedly permanent visa, all too often we see these visas being cancelled after 2 years, at great distress to families who will now have to relocate.

The reason for this is that there is an obligation on the primary visa holder to make a genuine attempt to engage in business in Australia during that 2-year period. If you cannot prove that you have done this, you and your family’s visas are likely to be cancelled.

Here are some tips to avoid cancellation:

• Do not apply for a subclass 132 visa unless you are genuinely prepared to move your business interests to Australia within two years. The Immigration Department do not accept the excuse that you had to continue taking care of your businesses outside Australia
• You do not have to successfully run a business in Australia but you do have to have made a genuine attempt. So keep all documents and records of correspondence between you and potential business partners
• You may continue to be involved in overseas businesses, but you are expected to spend most of your time on Australian business interests
• The Immigration Department are not impressed by people who go out at the very last minute to try to start an Australian business, such as after they are informed that their visa might be cancelled
• There is no mandated amount of time you have to spend in Australia, however if you are spending most of your time outside of Australia this may be taken as a sign that you are not making a genuine effort to engage in Australian business

Red Earth Migration can help

Business migration is a complicated area and it can be hard to determine which is the best visa pathway for your Australian migration journey. Our expert migration consultants handle business visas on a regular basis and understand all factors involved in choosing the Australian visa that’s right for you. Call 08 6161 9239 to schedule a consult today and take the first step to living in Australia.

Subclass 132 applicant FAQ