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A permanent visa for high-calibre business owners or part-owners who want to do business in Australia. You must be nominated by a state or territory government.

Eligibility

Visa eligibility

To find out if you are eligible for this visa, read the Department of Home Affairs' visa criteria for the Business Talent (Permanent) visa (subclass 132).

Victorian nomination eligibility

The current criteria apply to new applications submitted from 4 January 2021.

For all individuals nominated by the Victorian Government for a  Business Talent (Permanent) visa (subclass 132) – Significant Business History stream prior to this date, please refer to the nomination obligations submitted as part of the provisional application.

Age

You must be under the age of 55.

Living in Victoria

You, and everyone listed on your visa nomination application, must have a genuine commitment to establish a residence and reside in the State of Victoria permanently. If successful, you, as the primary visa holder, must reside in Victoria for no less than 6 months during the first 24 months following visa activation. You, and your dependants, will not be permitted to reside in any other Australian state or territory during this period.

Significant Business History

You must have attained a high degree of commercial success in one or more fields and demonstrate how you will use your entrepreneurial skills to develop and grow a Victorian-based business.

You must demonstrate strong connections in industry or expert skills between your current or previous business activity and your proposed Victorian business activity.

Business in Victoria

You must undertake business activity that will provide an exceptional economic benefit to Victoria.  Factors taken into account when assessing this exceptional economic benefit include, but are not limited to:

  • introduction of new/improved technology
  • job creation/retention
  • expanding exports of value-added goods and services
  • introduction of new skills
  • increasing competitiveness
  • import replacement
  • the particular industry sector involved
  • the geographic location of the business
  • alignment to Victoria's priority precinct goals and visions.

Victorian Business Activity - Strategic Sector

Your Victorian business must be primarily engaged in activities that directly align with one of Victoria’s Strategic Sectors.

These Strategic Sectors are:

  • digital technologies
  • advanced manufacturing
  • health and life sciences
  • agri-food
  • new energy and emissions reduction
  • circular economy
  • priority precincts.

Property development

If your proposed business activity relates to property development, you must meet the following additional requirements:

  • You must have relevant qualifications and experience (e.g. architecture, engineering, construction management). Extensive relevant experience may substitute a qualification - this will be considered on a case by case basis.
  • The minimum A$2 million capital investment does not include land purchase costs.
  • The activity must not be small scale, project-based property development.

Business management

You must undertake senior level day-to-day and overall strategic management of the business.

Capital investment

Your net capital investment into the Victorian-based business will be at least A$2 million. This must be transferred to Victoria within 24 months of your subclass 132 visa activation. This capital cannot be loaned from an Australian financial institution or individual.

Business proposal

The Live in Melbourne application form will request your business proposal information in a format used to ensure a fair assessment. It is important that your responses to the questions in the application form are of the highest standard and demonstrate that:

  • you have reviewed and evaluated your proposed business activity thoroughly
  • the proposed business activity is high quality
  • strong connections in industry or expert skills between your current/previous and your proposed Victorian business activity.

Prior to lodging your nomination application, you must have undertaken the following:

  • relevant market research
  • market entry strategy
  • competitor analysis
  • strengths, weaknesses, opportunities and threats (SWOT) analysis
  • projected cost analysis
  • location research
  • evidence of a joint-venture partnership (if relevant)
  • evidence of any communication with potential suppliers
  • distribution channel information
  • marketing plan
  • feasibility study
  • the role of the applicant in the business.

It is expected that you have visited Victoria and undertaken detailed market research, and consulted with relevant government agencies where appropriate.

Employees

You must employ at least five (5) full time employees in your main business for a minimum of 12 consecutive months immediately preceding the monitoring period from the Department of Home Affairs. This occurs 24 months following visa activation. All eligible employees must work at least 30 hours per week consecutively within the 12 month period.

Eligible employees must:

  • be an Australian citizen, an Australian permanent resident, or holder of a valid New Zealand passport
  • not be a member of your family.

Monitoring Business Talent

Facilitation Meetings

All Victorian nominated subclass 132 visa holders are required to meet with a representative of the Victorian Government’s Skilled and Business Migration Program at 6 month intervals throughout the first two (2) years of your visa period. These meetings are designed to facilitate an ongoing business relationship between yourself and the Victorian Government, in addition to providing an opportunity to connect with relevant Victoria Government services and programs relevant to your business sector.

Depending on the progress of the business and any government restrictions due to the pandemic, these meetings will be conducted face-to-face, virtually or through site visit.

Form 1010 Monitoring Finalisation

At the end of your first 24 months on your Business Talent (Permanent) visa (subclass 132) – Significant Business History stream, you will be required to obtain Victoria’s endorsement of your business activity to-date through the Department of Home Affairs’ Form 1010.

The Victoria Government will require you to respond to a set of written monitoring questions and facilitate a site visit to your Victorian business. This may be conducted electronically, at Victoria’s discretion.

The Victorian Government will require evidence that the primary visa holder owns a ‘significant’ portion of an ‘eligible’ business. Evidence must be provided that they have invested their own time and continuously utilised their own skills by actively participating at a senior level in the day-to-day strategic management of the business. You must also demonstrate that they have complied with Victoria’s visa nomination conditions, signed at the time of nomination.

You must notify the Victorian Government of any changes in your contact details and participate in any surveys that the Victorian Government may initiate.

See our glossary for specific definitions of words and phrases relating to this visa subclass.

Application process

You need to apply for Victorian visa nomination before you make a formal application for your Department of Home Affairs' visa. Applying for visa nomination from the Victorian Government involves three steps.

Step 1: Submit an expression of interest

Submit an Expression of Interest (EOI) to the Department of Home Affairs through SkillSelect and nominate 'Victoria' as your preferred destination.

Step 2: Apply for visa nomination

Submit an online application for Victorian visa nomination. You need to register as a user of this website and then complete your application. You will need to prepare the following documentation for your application and upload it when requested:

  • Business Talent (Permanent) visa (subclass 132) Nomination Conditions form
  • Appointment of an Agent/Representative form (if applicable)
  • If the proposed business activity is related to property development, complete the Property Development Assessment form
  • If the proposed business activity is related to export activity, complete the eCommerce and Export Business Overview form.

All forms are available from the Supporting documentation and forms page.

If your application for Victorian visa nomination is refused, you and/or your spouse must wait 6 months before you re-apply.

Step 3: Lodge a formal visa application

If you receive visa nomination from the Victorian Government, an automatic invitation will be sent to you by SkillSelect advising you to lodge a formal visa application with the Department of Home Affairs within 60 days. Nomination can be provided to an individual applicant only once in a 12 month period. Please ensure the application EOI is correct at the time of nomination. Applicants will be unable to use the nomination if an application is not lodged within the 60 period or if there are substantial errors with the application, and will be required to wait 12 months to re-apply.

Obligations

As part of your application, you will be required to agree and adhere to the following obligations:

Your obligations:

  1. I have read (or have had read to me) the contents of my nomination application and confirm that the information contained therein is true and correct.
  2. I confirm that I meet all of the Australian Department of Home Affairs' visa eligibility criteria for the Business Talent (Permanent) visa (subclass 132).
  3. I will notify the Victorian Government of any changes to my contact details within the first five years of permanent visa grant and agree to participate in any surveys that the Victorian Government may conduct.
  4. I will transfer no less than A$2,000,000 for eligible business activity in Victoria within the 24 months immediately following activation of my Victorian nominated visa.
  5. I have sufficient financial resources to support myself and my dependents to settle in Victoria and I understand that it is my responsibility to determine the cost of living in Victoria.
  6. I will establish a residence and reside in Victoria for no less than 6 months within the 24 months immediately following activation of my Victorian nominated visa, to the exclusion of all other Australian states and/or territories
  7. I shall not transfer my nomination to any other Australian State or Territory.
  8. My Victorian business activities will provide an exceptional economic benefit to Victoria and will align with one of Victoria’s Strategic Sectors.
  9. I will employ at least 5 full time employees in my Victorian business for a minimum of 12 consecutive months within the 24 months immediately following activation of my Victorian nominated visa.
  10. I will facilitate a site visit by a representative of the Skilled and Business Migration Program to my Victorian business to facilitate their assessment at the Form 1010 stage of my visa monitoring.
  11. I understand that it is my responsibility to approach the Skilled and Business Migration Program if I am uncertain of any conditions, to seek clarification.
  12. I understand these Nomination Conditions contain words and phrases with particular meanings as defined by the Skilled and Business Migration Program. A complete glossary of these terms can be reviewed on the Live in Melbourne website at any time.

The Victorian Government -

  • may share information relating to the application and the applicant’s business/investment activities in Victoria with the Department of Home Affairs
  • reserves the right to make direct contact with the applicant in relation to this application or related matters
  • has no legal authority to deal with visa matters and will not advocate to the Department of Home Affairs or the Administrative Appeals tribunal on behalf of the applicant
  • does not endorse any investment made, or any business activity undertaken, by the applicant nor does it accept liability for any financial loss, cost or expense incurred as a result of any business decision, business activities or investments made by any person in any way connected with this application, or otherwise.

Any intention to change the primary nature of the applicant’s proposed business activity must be agreed to in advance by the Victorian Government.

Without express written consent from the Victorian Government, failure to comply with the above conditions may result in the withdrawal of Victorian Government support for the applicant’s visa.

Please contact the Victorian Skilled and Business Migration Program with any queries regarding visa nomination eligibility.

New way to apply

A new and improved way to apply

We have made it easier for you to register, submit and track the progress of your application.

Our visa application forms are now mobile and tablet friendly with improved layout and helpful text fields.


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