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Business Talent (Permanent) visa – Subclass 132

What is Business Talent (Permanent) Visa?

The Business Talent Visa is similar to Subclass 188 – Business Innovation Stream visa and shares a lot of common criteria of the rest of business skills visas. This visa is intended for business owners and investors who have had a proven history in successful business ownership and management over an extended period.

The Subclass 132 Visa comprises of 2 streams:

+ Stream 1 - Significant Business History Stream

This stream is particularly designed for visa applicant who have had significant business success in the past prior to the application, who also meet the prescribed requirements for minimum assets, age, business ownership, net assets and main business ownership.

+ Stream 2 –Venture Capital Entrepreneur Stream

This stream is designed for visa applicants who have successfully obtained venture capital funding of at least $1 million from a prescribed venture capitalist organisation towards a specified business purpose in Australia. The venture capitalist organisation must be a member of the Australian Venture Capital Association Limited (AVCAL). For more information on AVCAL and all members who are currently registered with AVCAL, you may wish to visit https://www.avcal.com.au/ and https://www.avcal.com.au/memberdirectory/listing


What is the Application Process?

+ Stage 1: Expression of Interest

Summary

All applicants must be invited in order to apply for a Business Skills Subclass 132 Visa regardless of the streams they choose.

Prior to the lodgement of an application, the visa applicant must first lodge an expression of interest (EOI) through the Department prescribed facility SkillSelect

Within the SkillSelect EOI form, the applicant will need to complete identify and passport details for themselves and anyone whom they wish to include in their application.

Validity of the EOI and changing Points on the EOI

EOI will remain to be valid for two years (unless the applicant has been invited to apply for a visa within 2 years). Prior to invitation, the applications can always update their relevant details on the website in order to claim more points and increase their opportunities to be invited. Visa applicant would not be able to change their scores once they have been invited to apply for a Subclass 132 Visa.

Please note:

  • Applications made through SkillSelect are not visa applications and therefore applicants would have no review right for EOIs that does not receive any nominations from the State/Territory.
  • Once the EOI has been lodged, the applicant will then need to apply for a State/Territory Nomination application in order to be invited.

+ State Nomination

State/Territory nominations are required for either stream under the Subclass 132 Visa. The applicants will need to apply through the appropriate State or Territory agency and following the relevant instructions and requirements of each State or Territory.

You may wish to visit the following links to each State/Territory Department for more information:

Each State or Territory has its own criteria to determining whether or not to nominate particular visa applicant, therefore the applicants should always consult the relevant State or Territory government in relation to their respective criteria.

+ Stage 3: Visa Application

All streams are required to satisfy the following requirements:

  • All applicants need to be invited by the Department to lodge an Expression of interest (EOI) through Skill Select
  • Obtain a positive State/Territory or Austrade Nomination depending on the stream
  • Ensure that all funds or assets to be used in support of your application are lawfully acquired and all sources of funds can be proven
  • No adverse business history for the visa applicants or their spouses (or de facto partner)
  • All public interest criteria are met, particularly the health and character requirement
    • Health requirements:
      • All persons included in the application will be required to undertake a medical examination prior to their visa being issued.
        • When applying, all persons included in the application must:
        • declare whether they have a medical condition that is likely to require ongoing support from community or government services
        • declare whether they have been diagnosed with Tuberculosis or any other serious diseases that might be a threat to Australian Community
  • Character requirements:
    • All persons included in the application will be required to obtain a police clearance certificate for all countries they have lived in for greater than twelve months in the last ten years.
    • When applying, all persons included in the application must provide all requested information, declare all criminal offences, truthfully answer all questions

Additional Criteria required depends on the stream

Stream 1 - Significant Business History Stream

  • The visa applicant must not turn 55 years old unless the nominating state or territory government certifies that the proposed business activity is of exceptional economic benefit;
  • At the time of invitation, the visa applicant must for at least 2 of the last 4 fiscal years have:
    • net ownership interest in business of at least AUD 400,000; or
    • 10% ownership of the business if it is a publicly listed company (in addition to having at least AUD 400,000 work of ownership interest in the business).
    • the business had an annual turnover of at least AUD 3,000,000 for 2 of the last 4 fiscal years
  • The Visa Applicant must also have net personal and business assets of at least AUD 1,500,000 which are ready to be transferred to Australia after the grant of the Subclass 132 Visa.
  • The Visa Applicant genuinely has a realistic commitment to either establish a qualifying business in Australia or to participate in an existing qualifying business in Australia through either by:
    • Maintaining a substantial ownership interest in the qualifying business and,
    • Maintaining a direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall discretion and performance of this business

Stream 2 –Venture Capital Entrepreneur Stream

  • • The nominating State or Territory government agency is satisfied that the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner (or combined together) is sufficient;
  • • The Visa Applicant has entered into a legally enforceable agreement with an Australian company to receive venture capital funding for the following prescribed purposes with at least AUD 1,000,000.
    • the early-phase start-up of a business in Australia; or
    • the commercialisation of a product in Australia; or
    • the development of a business in Australia; or
    • the expansion of a business in Australia.
  • The Visa Applicant genuinely has a realistic commitment to either establish a qualifying business in Australia or to participate in an existing qualifying business in Australia through either by:
    • Maintaining a substantial ownership interest in the qualifying business and,
    • Maintaining a direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall discretion and performance of this business

What We Like About This Visa?

  • This Visa provides direct Permanent Residency pathway to successful business owners or businesses owners who have innovative ideas that can bring substantial economic benefits to Australia.

  • There are also no statutory English language requirements.

  • Age waiver is also available under certain circumstances.

 

What Mistakes Do People Usually Make?

From our past experience, we noted that poorly prepared applications usually fail because of the following reasons:

  • Unable to show that the Visa Applicant genuinely has a realistic commitment to either establish a qualifying business in Australia or to participate in an existing qualifying business in Australia;

  • Unable to show that there is a direct and continuous involvement in the management of the qualifying business from day to day;

  • Unable to demonstrate the legitimacy of the sources of funds or assets ready to be transferred to Australia, etc.

 

Client Testimonials

….we call it Support Network

As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meeting in person.

These are their stories…

 

What Questions Do Migration Agents Ask Our Accredited Specialists

  1. Under what business structure, can a job placement company, apply to be a sponsor with the sole purpose of charging a fee to visa applicants? And is there a method which would allow the sponsor to place the visa applicant with another unrelated business?

  2. How can employers charge a payment to the visa applicants in exchange to sponsor, without being caught under the immigration offence ‘cash for visa’?

  3. How many types of visas (including streams), can a Temporary Activities Sponsor benefit from, in sponsoring more candidates? And are there any difference in the sponsorship obligation?

  4. Can a visa applicant pay for costs related to the visa applicant? or must the Sponsor pay for all costs? How do I explain & educate my client, a large company who does not wish to pay for any costs for the sponsorship because the Director feels that the visa applicant has more to benefit than the company.

  5. In what circumstances will a visa applicant lose their right to appeal a refusal?

 

How Much Do We Charge?

Professional Fees

Sponsorship Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Nomination Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Visa Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Dependent Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Credit Card Surcharge
- MasterCard: 1.5%
- VISA: 1.67%
- American Express: 2.75%
- EFTPOS: 30 cents

Immigration
Charges

Sponsorship Application
- $420

Nomination Application
- $330

Levy Charges
- $1200 per annum (<$10m)
- $1,600 per annum (>$10m)

Visa Application
- $1,000 (over 18 years)
- $2,000 (under 18 years)
- $700pp (applying in Australia)

Health Check
- $330 (chest x-ray)
- $330 (medical exam)

Credit Card Surcharge
- MasterCard: 1.32%
- VISA: 1.32%
- American Express: 1.40%
- Diners Club: 1.99%
- JCB: 1.40%

Other
Charges

Police Clearance
- $47 (Australia)
- TBA (Outside Australia)

Health Insurance
- TBA

Interpreter & Translator
- TBA

Job Advertisements
- TBA

Other 3rd Party Services
(only if applicable)
- Recognized Prior Learning
- Skills Assessment
- Registration/Membership/Licence
- Labour Market Testing (Unions only)
- Business Plan writers
- Accounting services
- Researchers for salary, LMT, etc







Presenting….
a newer & better
financial expectation

The beautiful part is that if you find that your immigration lawyer does not meet your expectations, you have the option of changing immigration lawyers with different teams, without having to completely change law firms where they’d charge a significant amount as part of the initial fact finding and preliminary advice.

 

Why are there different prices for the same service?

We have a variety of legal professionals, allowing you the freedom to choose according to lawyer’s fees, speed, experience and most importantly a personality that matches yours. This way, our clients get the best of shopping around different law firms while eliminating the need to re-tell the story again and transferring of supporting documents. Naturally, junior lawyers charge lower fees and the more years of experience our lawyers gain, the higher their fees. However, it is not all always about profitting, some of our lawyers are open to pro bono cases (free legal advice).

What are the Legal Personas to Choose From?

Our lawyers are considered “book-smart”, while others are more inclined towards being labelled “street-smart”. The younger lawyers tend to be very fast & responsive, but a handful are slow (although they beg to differ, that slow & steady wins the race). The older lawyers are usually more attentive and have a reputation of customer relations. But if money is no object, you can engage a bunch of them, or all of them.

Similar to the concept of “shopping centers”

…...ALL UNDER 1 ROOF 
shopping around has never been easier