Business Skills (Provisional) visa (subclass 160 and 165)

The Business Skills (Provisional) visas (Subclasses 160-165) are no longer open to new applications. This includes the Business Owner (Provisional) visa (subclass 160), the Senior Executive (Provisional) visa (subclass 161), the Investor (Provisional) visa (subclass 162), the State/Territory Sponsored Business Owner (Provisional) visa (subclass 163), the State/Territory Sponsored Senior Executive (Provisional) visa (subclass 164), and the State/Territory Sponsored Investor (Provisional) visa (subclass 165).

However, family members of individuals who currently hold these visas may still be eligible to apply. If you have already submitted an application for one of these visas and it is still pending, you can include your dependent children or your partner's dependent children in your application until a decision is made. Eligible family members can apply for this visa whether they are in or outside of Australia. It is important to note that applicants must be outside of Australia when the visa is granted, unless they held a student visa at the time of application, in which case they can be inside or outside of Australia when the visa is granted.

Visa Applicants

New applications for the Business Skills (Provisional) visa (subclass 160 and 165) are no longer being accepted. However, dependent children can be added to the visa application at any time until a decision is made.

Adding Dependent Children to a Visa Application

Dependent children, who are defined as children under the age of 18 or those who are 18 and above but unable to work due to incapacity, can be added to the visa application until a decision is made. These children must not be married, engaged, or in a de facto relationship. To add dependent children, the applicant must complete Form 47BT - Application for a Business Skills (Provisional) visa and provide the necessary documents listed in the document checklist.

Applying as a Family Member

Family members of individuals who hold or have applied for one of the Business Skills (Provisional) visas may be eligible to apply for the same visa. Family members include partners (married or de facto), dependent children, and dependent relatives. These family members must meet the requirements for inclusion in the application and provide documentary evidence of their relationship to the primary visa holder. Additionally, family members must meet health and character requirements and may need to take the International English Language Testing System (IELTS) test. The application can be completed using Form 47BT - Application for a Business Skills (Provisional) visa.

Health Requirements

Applicants for the Business Skills (Provisional) visa must meet certain health requirements. While most applicants will not be required to complete additional health examinations, it is important not to arrange a health examination until specifically asked to do so.

Character Requirements

Applicants for the Business Skills (Provisional) visa must meet certain character requirements. This includes providing a police certificate from each country where the applicant has lived for 12 months or more since turning 16 years of age.

Debts to the Australian Government

Before the Business Skills (Provisional) visa can be granted, the applicant must have no outstanding debts to the Australian Government or have made arrangements to repay any outstanding debts.

Cost

The cost of the Business Skills (Provisional) visa varies depending on the specific subclass. Additional charges apply for applicants who are 18 years and older or under 18 years of age. The specific charges for each subclass can be found on the Australian immigration website.

Where to Lodge Your Application

The location to send your application depends on your place of residence. If you live in the People's Republic of China (PRC), Hong Kong (SAR), Macau (SAR), or Taiwan, you should send your documents to the Australian Consulate-General in Hong Kong. If you live elsewhere, send your documents by registered post to the Adelaide office in South Australia, attention Client Services, Adelaide Business Skills Processing Centre.

After You Have Applied

Once you have lodged your application and documents, you will receive an acknowledgment of receipt from the Department of Home Affairs.

Wait for a Decision

The processing time for your application may vary depending on various factors such as health and character checks, the need for additional information, or the completeness of your application. If you applied for the visa outside of Australia, it is important not to make any travel arrangements until you receive written confirmation of visa grant.

Provide More Information

You have the opportunity to provide additional information to the Department of Home Affairs at any time until a decision is made on your application. If you need to correct any information provided, you can use Form 1023 - Notification of incorrect answer(s). The department may also request additional information from you, and it is important to respond by the specified deadline. Failure to provide requested information may result in a decision being made based on the available information. If someone provides information that could lead to a refusal of your visa, you will usually be given an opportunity to comment on the information. In some cases, you may be required to attend an interview and bring identification and requested documents.

Report Changes in Your Circumstances

It is important to notify the Department of Home Affairs if there are any changes in your circumstances. This includes changes in residential address, passport details, or family events such as pregnancy, birth, divorce, separation, marriage, de facto relationship, or death. Changes can be reported via ImmiAccount or by using the appropriate forms, such as Form 929 - Change of address and/or passport details or Form 1022 - Notification of changes in circumstances.

Withdrawing Your Application

If you wish to withdraw your application, you can refer to the specific guidelines provided on the Australian immigration website.

Visa Decision

If the Business Skills (Provisional) visa is granted, you will receive information regarding when you can use the visa, the visa grant number, and any conditions attached to the visa. If the visa is not granted, you will be informed of the reasons for refusal, your review rights (if any), and the time limit for lodging an appeal if applicable.

Document Checklist

Applicants for the Business Skills (Provisional) visa must provide supporting documents with their application. Certified copies of original documents should be provided unless specifically requested to include original documents. Documents not in English must be accompanied by accredited English translations. The document checklist provided by the Department of Home Affairs should be used to ensure that the application is complete.

Forms

Various forms may need to be completed depending on the specific circumstances of the application. These forms include Form 80 - Personal particulars for assessment including character assessment, Form 47a - Details of child or other dependent family member aged 18 years or over, Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years, and more. It is important to accurately complete the required forms and provide all necessary information.

Identity

Applicants must provide certified copies of the biographical pages of their current passports or travel documents. Recent passport-sized photographs of each person included in the application should also be provided. Birth certificates or family books showing the names of both parents must be included for all dependent children. If there have been any name changes, certified evidence of the name change should be provided.

Family

Additional documents may be required for specific family circumstances. For example, if a dependent child is adopted, certified copies of the adoption papers should be included. If a child under 18 years of age is being brought to Australia without the other parent included in the application, documentary evidence of the legal right to bring the child to Australia must be provided. This may include statutory declarations or Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years. Evidence of financial dependency may also be required for family members aged 18 or older.

Character Requirements

Police checks are required for all individuals included in the visa application who are 16 years of age or older. This includes an Australian National Police Check for anyone who has spent a cumulative total of 12 months or more in Australia since turning 16 years of age, as well as police certificates from each country where an applicant has spent a cumulative total of 12 months or more in the past 10 years since turning 16 years of age.

Health Requirements

Applicants must provide documents to demonstrate that they meet Australia's health requirements. This includes medical and x-ray examinations conducted by a panel doctor for applicants and any family members planning to stay in Australia. Evidence of a booking or receipt from Bupa Medical Visa Services should be provided for applications made within Australia.

English Language Ability

Applicants should have at least functional English. Those who cannot provide evidence of functional English must pay a second installment of the visa application charge. Various tests and assessments can be used to prove English language proficiency, such as IELTS, TOEFL iBT, PTE Academic, or the Australian Assessment of Communicative English Skills (ACCESS) test. Applicants may also meet the English language requirement through education or previous qualifications.

Visa Holders

If you have already been granted one of the Business Skills (Provisional) visas, it is important to understand your rights and obligations. Visa Entitlement Verification Online (VEVO) can be used to check your visa details and entitlements.

How Long Your Visa Lasts

If you are outside of Australia when the visa is granted, you must enter Australia by a specified date. The visa is typically valid for four years from the date specified for the first entry to Australia.

What Your Visa Lets You Do

The Business Skills (Provisional) visa allows you and any accompanying family members to live, work, and study in Australia. You can also apply for permanent residence if eligible and travel in and out of Australia as long as the visa is valid. It is important to note that access to Medicare, family assistance, and social security benefits is not available under this visa.

Your Obligations

As a Business Skills (Provisional) visa holder, you and your family members must comply with all visa conditions and Australian laws. Specific obligations may apply depending on the subclass of the visa. For example, Business Owner, State/Territory Sponsored Business Owner, Senior Executive, and State/Territory Sponsored Senior Executive visa holders must obtain and maintain a substantial ownership interest in a business in Australia and participate in its day-to-day management and decision-making. Investor and State/Territory Investor visa holders must maintain their designated investment for a four-year term. Failure to meet these obligations may impact future visa applications or visa cancellations.

Holderrs of the Business Skills (Provisional) visas may also be asked to complete a monitoring survey to provide information about their business activities in Australia. This assists in reporting on the outcomes of the Business Skills category.

For more information and specific guidelines regarding the Business Skills (Provisional) visa (subclass 160 and 165), it is recommended to refer to the official Australian immigration website or consult with a registered migration agent.