The Business Owner (Provisional) visa (Subclass 160)

If you are under 45 years old, have a successful business career and a genuine commitment to be involved as an owner in a new or existing business in Australia, this might be the visa for you. The Business Owner (Provisional) visa (Subclass 160) is also the first step towards being granted a permanent Business Skills visa.

Successful applicants to this visa are allowed to:

  • Establish a new or existing business in Australia
  • Travel in and out of Australia any number of times during the validity of the visa
  • Have family accompany them to Australia. Family members will have access to work and study rights
  • Establish a pathway to permanent residence

You must be outside Australia for this visa to be granted, unless you hold a student visa at the time you apply. After holding this visa for a minimum of two years, you may be eligible for a permanent Business Skills visa or a State/Territory Sponsored Business Owner (Residence) visa.

The Business Owner (Provisional) visa is valid for four years, and allows you to move to Australia with your partner, yours or your partner’s dependent children and other dependent relatives living with you.

Am I eligible?

To be eligible for a Business Owner (Provisional) visa, you must:

  • Be under 45 years of age
  • Have a vocational level of English
  • Have (combined with your partner) net assets in a qualifying business of AU$200,000 for at least two of the four fiscal years immediately before you apply
  • If the business was listed, you must have owned at least 10% of the business for at least two of the four fiscal years immediately before you apply
  • Have an annual turnover in your main business (or two main businesses combined) of at least AU$500,000 in at least two of the four fiscal years immediately before you apply
  • Have (combined with your partner) total assets with a net value of at least AU$500,000, legally acquired and capable of being transferred to Australia within two years of being granted this visa
  • Have sufficient assets (additional to the above) of at least AU$100,000 to settle in Australia
  • Have not been engaged in a business where the provision of professional, technical or trade services took up more than half of your time

In addition to this, there has to be a need for you to live in Australia on a temporary basis to conduct or establish the proposed business activity. Like with other visas, you must also be of good health and character to enter Australia.

What are my obligations?

When being granted this visa, you are expected to obtain substantial ownership interest in a business in Australia. This translates into participation in the day-to-day management of that business at a senior level. You must also do at least one of the following:

  • Develop business links with international markets
  • Create or maintain employment in Australia
  • Export Australia goods
  • Produce goods or services that would otherwise be imported
  • Introduce new and improved technology
  • Add to commercial activity and competitiveness within sectors of the Australian economy

In addition to this, note that, after being granted the visa, you must not marry before entering Australia and you must arrive in the country before anyone else included in your visa.

What next?