137 Visa Australia
This Visa has two streams.
- The Significant Business History stream relevant for affluent owners or part owners of a business who want to have a major management role in a new or existing business in Australia.
- The Venture Capital Entrepreneur stream is applicable for the people who have obtained at least AUD1 million in funding from
Business Talent Permanent Visa Australia
There are certain requirements you must meet at the time you lodge your Visa application. If you have not met these requirements at the time you apply for this Visa, either: you will not be considered as having made an application, and your papers and any monies paid will be returned to you or your application will be refused.The Business Talent Visa is part of the Australian Business Innovation and Investment Program, which seeks to expand the country’s economy. This Visa is available by invitation only. Before being invited to apply, you must first submit an Expression of Interest through SkillSelect.
Expression Of Interest
Your Expression of Interest must specify whether you are interested in the Significant Business History stream or the Venture Capital Entrepreneur stream. You must also indicate whether you are interested in just one or all states and territories. No supporting documentation is required at this time. When your Expression of Interest is in SkillSelect, it can be viewed and a state or territory can decide whether to nominate you to apply for a Visa. States and territories have their own criteria for deciding who they nominate. In most cases, and before you are nominated, the relevant state or territory may contact you to discuss business possibilities. You may also contact your preferred state or territory you have indicated in the Expression of Interest. You can only lodge a Visa application after having received a nominated by a state or territory and an invitation from the Australian Government.
Lodge Your Application
Active Migration Australia will prepare and lodge your application through SkillSelect. This can be done while you are in or outside Australia. A second charge, that applies only to applicants and dependants aged 18 years or older with less than functional English, is payable before a Visa can be granted. As part of lodging your application, you must confirm that you agree with the Australian Values Statement and have read, or had explained to you, the Life in Australia book.
Provide Relevant Documents
Active migration Australia will provide a comprehensive checklist outlining all of the relevent forms and documents that are required. Our administrative team will assist in advising whether you need to provide original documents or certified copies. Our expert team can also assist with any document in a language other than English that must be accompanied by an English translation by arranging for the documents to be translated by an accredited translator. Your application will be lodged by Active Migration Australia and monitored until a decision has been made.
After You Have Applied For The Visa
After your application and documents has been lodged, the department will let you know that they have received your information. They will assign you a case officer who will consider your application, request an interview (if needed), ask for more information (if needed) and make a decision.
Provide More Information
Meet Health Requirements
You and all members of your family unit must meet certain health requirements. Active Migration Australia will tell you when to arrange health examinations and advise the closest location.
Meet Character Requirements
You and all members of your family unit must meet certain character requirements. This means you and each of your dependants (whether migrating or not) who are aged 16 years or older must provide police certificates. These need to be obtained from each country you and your family members have lived in for 12 months or more over the last 10 years or, in the case of those younger than 26 years or age, since each person turned 16 years of age. Active Migration Australia will tell you when to arrange police certificates.
You may be asked to provide biometrics (a scientific form of identification) as part of your application. Countries and Visa subclasses included in the biometrics program has more information.
Attend An Interview
You may be asked to attend an interview, either face-to-face or by telephone, after lodging your application. If it is a face-to-face interview, bring your passport or other identification and any requested documents.
Provide A Comment, If Required
If another person gives the department information that could result in you being refused a Visa, the department will give you the chance to comment on that information.
The department needs to know, in writing, about changes in circumstances that may affect the processing of your Visa application such as:
- you move to a new address
- you get a new passport
- you want to add or change the person authorized to act on your behalf in connection with the application
- a birth or death in your family (a newborn child can be added to an application after it has been lodged but before a decision has been made)
- you and/or your dependent family members intend to travel to and from Australia while the application is being processed.
Obtain A Bridging Visa To Travel To Other Countries
If you apply for a Business Talent Visa while you are in Australia, you are likely to be given a Bridging Visa that allows you to stay in the country lawfully while your application is processed. If you want to travel to another country while your application is being considered, you may need to apply for a specific Bridging Visa (Bridging Visa B) that allows you to leave and return to Australia. People who already have a valid Visa that allows them to travel to and from Australia will not need to do this.
Wait For A Visa Decision
The department has service standards relating to the time it takes process applications for this Visa. The country you come from and whether you lodge your application in or outside Australia affect the time it takes for your application to be finalized. Receive a Visa decision If your Visa application is approved, the department will send you an email with the:
- Visa grant number
- Visa conditions (including a specified initial entry date)
- details of what you must do next.
If your Visa application is not approved, the department will send you an email stating:
- why the Visa was not approved
- your review rights, if any
- a time frame for lodging an appeal, if applicable.
The requirements that you must meet depend on whether you are interested in the Significant Business History stream or the Venture Capital Entrepreneur stream.
Significant Business History Stream
If you apply for the Significant Business History stream, you (or your partner, or you and your partner combined) must have all of the following:
- you must be less than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the relevant region
- net assets of at least AUD 400 000 (in a qualifying business) in at least two of the four fiscal years immediately before you are invited to apply
- total assets of at least AUD 1.5 million that can be legally transferred to Australia within two years of the Visa being granted
- a total annual turnover of at least AUD 3 million (in one or more of your main businesses) in at least two of the four fiscal years immediately before you are invited to apply
- ownership of at least:
- 51 per cent of a business with turnover of less than AUD 400 000 per annum, or
- 30 per cent of a business with turnover of more than AUD 400 000 per annum, or
- 10 per cent of a publicly-listed company
- an overall successful business career with no involvement in unacceptable business activities
- a genuine desire to own and maintain a management role in a business in Australia.
Venture Capital Entrepreneur
If you apply for the Venture Capital Entrepreneur stream, you must have obtained at least AUD million in funding from an Australian Venture capital firm. This is utilized for the start-up, product commercialization or business development relating to a promising high value business idea.
The permanent Business Talent Visa (subclass 132) allows you to:
- establish a new or develop an existing business in Australia
- travel in and out of Australia for five years
- have family members accompany you to Australia
- live and work in Australia permanently.
This information explains what is required of you and your accompanying dependent family members after you are granted this Visa.
Fulfill Business Obligations
Significant Business History Stream
If you are in this stream, after entering Australia, you must:
- establish a qualifying business in Australia, or
- participate in an existing qualifying business in Australia.
In the business, you must:
- maintain substantial ownership
- maintain direct and continuous involvement in the day-to-day management of the business
- make decisions that affect the overall direction and performance of the business in a way that benefits the Australian economy.
After becoming involved in business in Australia, you will be asked to complete Form 1010: Survey of Business Skills Visa holders.
Venture Capital Entrepreneur Stream
If you are in this stream, after entering Australia, you must meet the requirements of your venture capital agreement.