State/Territory Sponsored Business Owner visa (subclass 892)

Visa eligibility

To find out if you are eligible for this visa, read the Department of Home Affairs' visa criteria for the State/ Territory Sponsored Business Owner visa (subclass 892).

Victorian sponsorship eligibility

If you hold a provisional visa sponsored by the State of Victoria, you must demonstrate that you have met the visa sponsorship eligibility conditions you agreed to at the time of accepting provisional sponsorship.

Living in Victoria

You must reside in Victoria to successfully manage your business. Time absent from Victoria generally should be no more than six weeks total per year. If more than six weeks, you must submit the business reasons for your absence.

Business activity

Applicants must have owned and operated a viable and sustainable ‘eligible’ business in Victoria for no less than two years. 

An eligible business can be almost any commercial endeavour. However, some activities may be excluded unless otherwise agreed to in writing. Exclusions include:

• small scale property development
• small scale freight forwarding and warehousing
• commodity and scrap metal export
• passive investment.

Operational responsibility

You must be able to show that you have been responsible for the day-to-day operation of your business and the overall strategic direction of the business.

Current data

At the time of lodgement for visa sponsorship, the data provided in your application must be no more than three months old and be consistent with Business Activity Statements, financial reports, tax lodgements and any data held by an Australian government department, e.g. Australian Taxation Office and the Department of Home Affairs.

Payment of employees

You are required to comply with the National Minimum Wage standards in regards to 'eligible' employees. For guidance regarding full time and part time employees, holiday pay rate, work cover, and superannuation, please consult with your registered accountant.

The Fair Work Commission website provides information about minimum wages for the current period.

Export business activity

If you are engaging in export activity, you must demonstrate that the business has made a direct contribution to the Victorian economy. Examples of how to demonstrate economic contribution can include identifying:

• the export value of Victorian goods and services
• Victorian jobs created or retained, including flow-on effects to other Victorian suppliers
• the local economic benefits of the business
• assistance to Victorian businesses in exporting their products or addressing market gaps
• the expansion of export markets.

You are required to demonstrate that you have not engaged in ‘grey market’ or ‘parallel exporting’, that is, activities where goods are imported and sold in an export market without the consent of the owner of the goods trademark. Such evidence may be, but is not limited to, your consultation with the Victorian business – for example partnership agreements, the provision of meeting dates, and personnel consulted.

You need to apply for Victorian visa nomination before you make a formal application for your visa. Applying for visa nomination from the Victorian Government involves two steps.

Step 1: Apply for 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:

• Appointment of an Agent/Representative form (if applicable)
• Sponsorship Conditions form for State Sponsored Business Owner visa (subclass 892)
• State Sponsorship Statement form
• Balance Sheet and Profit & Loss Statement for the past 24 months
• three photos of the business (external and internal), products or services.

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

Step 2: Lodge a formal visa application

If you receive visa sponsorship from the Victorian Government, you can then proceed to lodge a formal visa application with the Department of Home Affairs.

Victorian nomination processing times

Processing times can vary. You can expect an outcome within four weeks from the time your complete application for visa sponsorship is lodged.

Additional information

We will contact you or your agent (if applicable) if we need more information to assess your application.

Nomination outcome

You or your agent (if applicable) will be notified of the outcome of your visa nomination application by email.

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

Your obligations:

• you have read (or have had read to you) the contents of your application and confirm that the information contained therein is true and correct
• you confirm that you meet all of the Department of Home Affairs' visa eligibility criteria
• you will notify the Victorian Government of any changes to your contact details and agree to participate in any surveys that the Victorian Government may initiate
• you must genuinely intend to continue to be engaged in business or investment activity in the State of Victoria for the foreseeable future.

The Victorian Government:

• may share information relating to your application and your business/investment activities in Victoria with the Department of Home Affairs 
• reserves the right to make direct contact with you in relation to your application or related matters; this may include contact from the Commissioner of a Victorian Government Business Office to discuss potential assistance in relation to business/investment activity in Victoria
• has no legal authority to deal with visa matters and will not advocate to the Department of Home Affairs or the Migration Review Tribunal on your behalf
• does not endorse any investment made, or any business activity undertaken, by you 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 your application or otherwise.

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 your application.

Please contact the Victorian Skilled and Business Migration Program via email with any queries regarding visa nomination eligibility: businessmigration@liveinmelbourne.vic.gov.au