Providing solutions that add value

A comprehensive set of legal services for business, investor and skilled migrants to Australia

Business talent visa

The business talent visa (subclass 132) is a permanent visa for talented business persons who are nominated by an Australian State or Territory government agency. There are two visa streams:

  • significant business history stream for established and talented business owners who want to do business in Australia; and
  • venture capital entrepreneur stream for people who have secured a minimum of $AUD 1 million venture capital funding from a member firm of the Australian Private Equity and Venture Capital Association Limited.

Unlike the business innovation and investment visa, the business talent visa is an immediate permanent visa and does not require a transition from temporary to permanent. For further information on this visa, please download our Australian Business and Investor Migration Guide (November 2016).

Business innovation and investment visa

The Business Innovation and Investment Visa (subclass 188/888) is available in any one of the following streams:

  • if you have established business skills who want to establish and manage a business in Australia;
  • if you want to invest a minimum of $AUD 1.5 million in an investment designated by an Australian State or Territory; or
  • if you are a high net worth individual who is able to invest at least $AUD 5 million into compliant Australian investments.

In each of the above circumstances, visa applications are made through an application for a temporary subclass 188 visa, which, following the satisfaction of certain conditions, leads to a permanent subclass 888 visa. For further information on this visa, please download our Australian Business and Investor Migration Guide (November 2016).

Other visas

In addition to business / investor and skilled migration, our lawyers are also well placed to assist with the following visa classes:

  • resident return visas;
  • parent visas; and
  • partner visas.

Skilled migration

Subclass 482 – Temporary Skill Shortage Visa (TSS visa)

The new TSS visa is a temporary visa for those who have been nominated by an approved employer to work in their nominated occupation. There are two main streams:

  • short-term stream: for overseas skilled workers in occupations set out in the Short-term Skilled Occupation List (STSOL). In most cases, this stream permits the holder to work for his/her approved employer in the nominated occupation for up to two years with the ability to extend for one further period of two years. No permanent residency pathway is available under this stream; or
  • medium-term stream: for skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). This stream permits the holder to work for his/her approved employer in the nominated occupation for up to four years, with eligibility to apply for permanent residence after three years (see Subclass 186 / 187 visas).

A list of occupations on the STSOL, MLTSSL and ROL are available here.

Subclass 186 / 187 – Employer Nomination Scheme / Regional Sponsored Migration Scheme

The subclass 186 is a permanent visa for skilled workers who have been nominated by an approved employer to work in their nominated occupation. There are two main streams:

  • temporary residence transition stream (TRT Stream): for holders of the following visas who have continued to work in the same occupation as originally nominated and the employer has nominated the holder for a permanent position:
    • subclass 482 visas in the medium-term stream (where the holder has worked three of the previous four years); and
    • subclass 457 visas not granted under labour agreement arrangements (where the holder has worked three of the previous four years unless the application for the 457 visa was made prior to 18 April 2017, in which case the work period is two years of the previous four years); or
  • direct entry stream: for those who do not meet the requirements under the TRT stream but have at least 3 years of relevant work experience and a positive skills assessment from the relevant skills assessing authority.

Subclass 187 is also a permanent visa for skilled workers, but is only available for persons nominated for positions located in a regional area of Australia.

Subclass 189 – Skilled Independent visa

This visa does not require any sponsorship but requires:

  • an employer nomination for a position under this stream (see relevant occupation list here);
  • a suitable skills assessment;
  • the applicant to be under 50 years of age;
  • competent English (IELTS 6 or above); and
  • score at least 60 points on a prescribed points test.

This visa allows you to live and work in Australia as a permanent resident.

Administrative review

If the Department of Home Affairs decides to reject your visa application, you may be entitled to have the merits of that decision reviewed by the Administrative Appeals Tribunal (AAT).

If the AAT rejects your review application, you may then be entitled to:

  • apply for judicial review in the Federal Circuit Court of Australia; or
  • request that the minister exercise certain ministerial intervention powers where there are unique or exceptional circumstances.

Evolve Visas will be happy to assist clients with review options if an unfavourable decision has been made by the Department of Home Affairs.

Corporate and commercial capability

A successful migration strategy requires specific follow up support, particularly in relation to establishing and maintaining the business and/ or investment made in Australia. It is for this reason that our lawyers are also highly skilled corporate and commercial lawyers with experience acting for major Australian corporations on a variety of transactions. As such, we are well placed to assist you with:

  • a broad range of commercial transactions involving Australian businesses and assets;
  • obtaining foreign investment review board approvals where applicable;
  • establishing appropriate business and investment structures;
  • arrangements in relation to the import and export of goods and services;
  • due diligence;
  • asset protection, wealth management and succession planning; and
  • providing Australian company secretarial and registered office services.

Further information about our corporate and commercial law capability can be found here.

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All registered migration agents are bound by the Code of Conduct . The latest version of the Code of Conduct is available here.