Main Applicant Eligibility

To be eligible for this visa you must have met the obligations of the provisional visa you held, as well as meeting the following requirements. You must provide evidence of each of the requirements with your application.

Provisional visa holder

You are the holder of one of the following visas:

• Business Owner (Provisional) (subclass 160)
• State/Territory Sponsored Business Owner (Provisional) (subclass 163)
• Senior Executive (Provisional) (subclass 161)
• State/Territory Sponsored Senior Executive (Provisional) (subclass 164)
• Investor (Provisional) (subclass 162)
• State/Territory Sponsored Investor (Provisional) (subclass 165).

You must have been in Australia as the holder of one of the qualifying visas for a total of at least one year in the two years immediately before you apply

Ownership interest

In your main business (or two main businesses) in Australia, you have had and continue to have direct and continuous management for at least two years immediately before you apply. In addition you must own at least:

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

A transitional provision is available if you have purchased a main business in Australia prior to 19 April 2010 and you are applying for this visa. Under these circumstances a minimum of 10 per cent ownership in a main business is required.

For each of these businesses, an Australian Business Number has been obtained and all Business Activity Statements required by the Australian Taxation Office (ATO) have been submitted to the ATO and certified copies of these are included in your application.

Net business assets

The net value of your (or your and your partner's combined) assets in the main business (or two main businesses) in Australia is at least AUD100 000 throughout the 12 months immediately before you apply.

Net personal and business assets

The net value of your (or you and your partner's combined) personal and business assets in Australia has been at least AUD250 000 throughout the 12 months immediately before you apply.

Annual turnover

Your main business (or two main businesses together), had a turnover of at least AUD300 000 in the 12 months immediately before you apply.

Provided employment

Throughout the 12 months immediately before you apply, your (or your and your partner's) business (or two main businesses) employed at least the equivalent of two full-time employees who are:

• Australian citizens
• Australian permanent residents
• New Zealand passport holders
• not members of your family.

Acceptable business record

You or your partner (if any) have never been involved in illegal business activities.

Time in Australia

You have been in Australia for at least one year cumulatively in the two years before you apply.

Health

You must meet certain health requirements and may need to undergo a health examination. Please do not undertake a health check unless requested to do so.
See: Health Requirements

Character

You must be of good character for you to enter Australia.
See: The Character Requirement

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.
See:
Australian Values - Overview
Life in Australia Book

Application document checklist

The checklist provides all the information and supporting documents that you may be asked to provide with your application.
See: