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1995 No. 38 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE
SCHEDULE Regulations 29, 48,
53 and 66
NEW PARTS TO BE INSERTED IN SCHEDULE 2
SUBCLASS 131-INVESTMENT-LINKED 131.1 INTERPRETATION 131.111 In this Part:
"designated investment" means an investment in a security specified by the
Minister under regulation 5.19A for the purposes of this Part;
"eligible investment" in relation to a person means:
(a) an ownership interest in a business; or
(b) a loan to a business; or
(c) cash on deposit; or
(d) stocks and bonds; or
(e) real estate; or
(f) gold or silver bullion; that is owned by the person for the purposes
of producing a return by way of income or capital gain and is not held
for personal use. (NOTE: "AUD", "fiscal year", "ownership interest"
and "qualifying business" are defined in regulation 1.03.) 131.2
PRIMARY CRITERIA (NOTE: The primary criteria must be satisfied by at
least 1 member of a family unit. The other members of the family unit
who are applicants for a visa of this subclass need satisfy only the
secondary criteria.) 131.21 Criteria to be satisfied at time of
application 131.211 The Minister is satisfied that the applicant has
demonstrated a high level of management skill in relation to the
eligible investment or qualifying business activity. 131.212 The
applicant has demonstrated overall a successful record of eligible
investment or qualifying business activity. 131.213 (1) The applicant
has had a total of at least 3 years experience of direct involvement
in managing 1 or more qualifying businesses or eligible investments.
(2) Throughout at least 1 of the 5 fiscal years immediately preceding the
making of the application:
(a) the applicant maintained direct involvement in managing a qualifying
business in which:
(i) the applicant; or
(ii) the applicant and his or her spouse together; had an ownership
interest of at least 10% of the total value of the business; or
(b) the applicant maintained direct involvement in managing eligible
investments of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
the total net value of which was at least AUD1,000,000.
(3) The total net value of the assets owned by:
(a) the applicant; or
(b) the applicant and his or her spouse together; throughout the 2
fiscal years immediately preceding the making of the application was
at least 50% more than the value of the funds to be deposited in the
designated investment in the name of the applicant, or in the names of
the applicant and members of his or her family unit, as the case
requires. 131.214 Neither the applicant nor his or her spouse (if any)
has a history of involvement in business or investment activities that
are of a nature that is not generally acceptable in Australia. 131.215
The applicant genuinely has a realistic commitment, after entry to
Australia as the holder of a Subclass 131 visa, to continue to
maintain a business or investment activity in Australia after the
designated investment made by the applicant, or the applicant and
members of his or her family unit, has matured. 131.216 The applicant
has signed a declaration in a form approved by the Minister that the
applicant acknowledges the Government's requirements in relation to
entry to Australia as the holder of a Subclass 131 visa. 131.22
Criteria to be satisfied at time of decision 131.221 The applicant
continues to satisfy the criteria in clauses 131.211 to 131.215.
131.222 (1) The applicant provides evidence that he or she has made a
designated investment of an amount of AUD750,000, AUD1,000,000,
AUD1,500,000 or AUD2,000,000.
(2) The Minister is satisfied, based on the evidence provided by the
applicant, that the funds invested were:
(a) legally owned by:
(i) the applicant; or
(ii) the applicant and his or her spouse together; and
(b) unencumbered; and
(c) accumulated from the qualifying business or eligible investment
activities of:
(i) the applicant; or
(ii) the applicant and his or her spouse together. 131.223 (1) The
applicant's score on the business skills points test is not
less than the number of points that is specified for the
purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.3 of Schedule 7; and
(ii) Parts 2 and 3 of that Schedule; and
(b) an applicant's score under a Subdivision or Part of Schedule 7 is the
number of points specified in that Subdivision or Part in relation to
the attribute described in the Subdivision or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 1 or Part 3 of
Schedule 7-at the time when the application is decided; and
(ii) in the case of an attribute specified in Part 2 of Schedule
7-at the time when the application is made; and if there is
more than 1 attribute of either of those kinds, the highest
single number of points so specified. 131.224 The applicant
satisfies public interest criteria 4001 to 4006, 4009 and 4010.
131.225 If the applicant has previously been in Australia, the
applicant satisfies special return criteria 5001, 5003, 5005
and 5007 to 5010. 131.226 (1) Each member of the family unit of
the applicant who is an applicant for a Subclass 131 visa:
(a) is a person who satisfies public interest criteria 4001 to 4006, 4009
and 4010; and
(b) if the person has previously been in Australia, satisfies special
return criteria 5001, 5003, 5005 and 5007 to 5010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 131 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 131.227 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant; the Minister is satisfied that
the grant of the Subclass 131 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests of any other
person who has custody or guardianship of, or access to, the child. 131.3
SECONDARY CRITERIA (NOTE: These criteria must be satisfied by applicants who
are members of the family unit of a person who satisfies the primary
criteria.) 131.31 Criteria to be satisfied at time of application 131.311 The
applicant is a member of the family unit of, and made a combined application
with, a person who satisfies the primary criteria in subdivision 131.21.
131.32 Criteria to be satisfied at time of decision 131.321 The applicant
continues to be a member of the family unit of a person who, having satisfied
the primary criteria, is a holder of a Subclass 131 visa. 131.322 The
applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
131.323 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010. 131.324
If the applicant is a dependent child of a person who is a holder of a
Subclass 131 visa, the Minister is satisfied that the grant of the visa to the
applicant would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 131.4
CIRCUMSTANCES APPLICABLE TO GRANT 131.411 The applicant must be outside
Australia when the visa is granted. (NOTE: Any applicable charge under the
Immigration (Education) Charge Act 1992 must be paid before the visa can be
granted.) 131.5 WHEN VISA IS IN EFFECT 131.511 Permanent visa permitting the
holder to travel to, and enter, Australia for a period of 4 years from the
date of grant. 131.6 CONDITIONS 131.611 First entry must be made before a date
specified by the Minister for the purpose. 131.612 Either or both of
conditions 8502 and 8515 may be imposed. 131.7 WAY OF GIVING EVIDENCE 131.711
Visa label affixed to a valid passport. SUBCLASS 676-TOURIST (SHORT STAY)
676.1 INTERPRETATION (NOTE: No interpretation provisions specific to this
Part.) 676.2 PRIMARY CRITERIA (NOTE: All applicants must satisfy the primary
criteria.) 676.21 Criteria to be satisfied at time of application 676.211 The
applicant:
(a) seeks to visit Australia, or remain in Australia as a visitor:
(i) for the purpose of visiting an Australian citizen, or
Australian permanent resident, who is a parent, spouse, child,
brother or sister of the applicant; or
(ii) for a purpose other than a purpose related to business or
medical treatment; and
(b) either:
(i) has adequate funds, or access to adequate funds, for personal
support during the period of the visit; or
(ii) meets the requirements of subclause 676.221 (4). 676.212 If the
application is made outside Australia, the period of stay in
Australia proposed in the application does not exceed 3 months.
676.213 If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a
Subclass 426 (Diplomatic or Consular) visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa,
was the holder of a substantive temporary visa other than
a visa of Subclass 426; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005;
and
(b) the applicant has complied substantially with the conditions to which
the visa held, or last held, by the applicant is, or was, subject; and
(c) the grant of the visa would not result in the applicant being
authorised to remain in Australia for more than 3 consecutive months
as the holder of 1 or more visitor visas. 676.22 Criteria to be
satisfied at time of decision 676.221 (1) The applicant meets the
requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criterion in clause 676.211;
and
(b) if the application is made outside Australia, the applicant continues
to satisfy the criterion in clause 676.212; and
(c) the applicant satisfies the Minister that the expressed intention of
the applicant only to visit Australia is genuine; and
(d) the Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant; and
(e) the applicant satisfies public interest criteria 4001 to 4005, 4011
and 4012; and
(f) if the applicant is applying outside Australia and has previously been
in Australia, the applicant satisfies special return criteria 5001,
5003, 5005 and 5007 to 5009; and
(g) if the application is made in Australia:
(i) the applicant continues to satisfy the criteria in paragraphs
676.213 (b) and (c); and
(ii) the Minister is satisfied that the further period of stay in
Australia is not sought for the purpose of commencing,
continuing or completing any studies or training; and
(iii) the Minister is satisfied that the applicant intends to comply
with any conditions subject to which the visa is granted; and
(iv) the applicant produces evidence of adequate arrangements for
health insurance to cover possible medical or hospital
expenses; and
(v) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having
satisfied the primary criteria for that visa; and
(B) the student is under a scholarship scheme or training
program that is approved by AIDAB; the applicant has the
support of AIDAB for the grant of the visa.
(3) An applicant satisfies the requirements of this subclause if the
applicant:
(a) is in Australia; and
(b) satisfies the criteria in paragraph 676.221 (2) (c) and subparagraph
676.221 (2) (g) (iii); and
(c) has compelling personal reasons for the grant of the visa; and
(d) satisfies public interest criterion 4005.
(4) An applicant meets the requirements of this subclause if:
(a) he or she is in Australia; and
(b) he or she is suffering financial hardship as a result of changes in
his or her circumstances after entering Australia; and
(c) he or she, or a member of his or her immediate family, is likely to
become a charge on public funds in Australia; and
(d) for reasons beyond his or her control, he or she, or a member of his
or her immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal
reasons to work in Australia; and
(f) he or she satisfies public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant's expressed
intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with
any conditions subject to which the visa is granted. 676.222 If, at
the time of application, the applicant was the holder of a Subclass
417 (Working Holiday) visa, the applicant establishes that exceptional
reasons exist for the grant of the visa. 676.3 SECONDARY CRITERIA:
Nil. (NOTE: All applicants must satisfy the primary criteria.) 676.4
CIRCUMSTANCES APPLICABLE TO GRANT 676.411 If the applicant is outside
Australia at the time of application, the applicant must be outside
Australia at the time of grant. 676.412 If the applicant is in
Australia at the time of application, the applicant must be in
Australia at the time of grant. 676.5 WHEN VISA IS IN EFFECT 676.511
If the visa is granted outside Australia-temporary visa permitting the
holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date
specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period (not longer than 3 months after the date of each
entry) specified by the Minister for the purpose; or
(ii) until a date (not later than 3 months after the date of each
entry) specified by the Minister for the purpose. 676.512 (1)
In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on
which he or she last entered Australia before the grant of the visa.
(2) If the visa is granted in Australia-temporary visa permitting the holder:
(a) to remain in Australia:
(i) for a period (not longer than 3 months after the date of latest
entry) specified by the Minister for the purpose; or
(ii) until a date (not later than 3 months after the date of latest
entry) specified by the Minister for the purpose; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to, and enter, Australia on one or more occasions
until a date specified by the Minister for the purpose; and
(ii) to remain in Australia:
(A) for a period (not longer than 3 months after the date of
each entry) specified by the Minister for the purpose; or
(B) until a date (not later than 3 months after the date of
each entry) specified by the Minister for the purpose.
676.6 CONDITIONS 676.611 In the case of a visa granted to
an applicant who meets the requirements of subclause
676.221 (4): conditions 8201 and 8205. 676.612 In any
other case: conditions 8101, 8201 and 8205. 676.613
Condition 8503 may be imposed. 676.7 WAY OF GIVING
EVIDENCE 676.711 Visa label affixed to a valid passport.
SUBCLASS 686-Tourist (LONG STAY) 686.1 INTERPRETATION
(NOTE: "Tourism" is defined in regulation 1.03. No
interpretation provisions specific to this Part.) 686.2
PRIMARY CRITERIA (NOTE: All applicants must satisfy the
primary criteria.) 686.21 Criteria to be satisfied at
time of application 686.211 The applicant:
(a) seeks to visit Australia, or remain in Australia, as a visitor:
(i) for the purpose of visiting an Australian citizen, or
Australian permanent resident, who is a parent, spouse, child,
brother or sister of the applicant; or
(ii) for another purpose other than a purpose related to business or
medical treatment; and
(b) either:
(i) has adequate funds, or access to adequate funds, for personal
support during the period of the visit; or
(ii) meets the requirements of subclause 686.221 (4). 686.212 If the
application is made outside Australia, the period of stay in
Australia proposed in the application exceeds 3 months. 686.213
If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a
Subclass 426 (Diplomatic or Consular) visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa,
was the holder of a substantive temporary visa other than
a Subclass 426 visa; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005;
and
(b) the applicant has complied substantially with the conditions to which
the visa (if any) held, or last held, by the applicant is, or was,
subject. 686.22 Criteria to be satisfied at time of decision 686.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criterion in clause 686.211;
and
(b) if the application is made outside Australia, the applicant continues
to satisfy the criterion in clause 686.212; and
(c) the applicant satisfies the Minister that the expressed intention of
the applicant only to visit Australia is genuine; and
(d) the Minister is satisfied that the grant of the visa would not
prejudice the rights and interests of any person who has custody or
guardianship of, or access to, the applicant; and
(e) the applicant satisfies public interest criteria 4001 to 4005, 4011
and 4012; and
(f) if the applicant is applying outside Australia and has previously been
in Australia, the applicant satisfies special return criteria 5001,
5003, 5005 and 5007 to 5009; and
(g) if the application is made in Australia:
(i) the applicant continues to satisfy the criterion in paragraph
686.213 (b); and
(ii) the Minister is satisfied that the further period of stay in
Australia is not sought for the purpose of commencing,
continuing or completing any studies or training; and
(iii) the Minister is satisfied that the applicant intends to comply
with any conditions to which the visa is granted; and
(iv) the applicant produces evidence of adequate arrangements for
health insurance to cover possible medical or hospital
expenses; and
(v) if the grant of the visa would result in the applicant being
authorised to stay in Australia for more than 12 consecutive
months as the holder of 1 or more visitor visas or a Subclass
417 (Working Holiday) visa, the applicant must satisfy the
Minister that exceptional circumstances exist for the grant of
the visa; and
(vi) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having
satisfied the primary criteria for that visa; and
(B) a student under a scholarship scheme or training program
approved by AIDAB; the applicant has the support of AIDAB
for the grant of the visa.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) is in Australia; and:
(b) satisfies the criteria in paragraph 686.221 (2) (c) and subparagraph
686.221 (2) (g) (iii); and
(c) has compelling personal reasons for the grant of the visa; and
(d) satisfies public interest criterion 4005.
(4) An applicant meets the requirements of this subclause if:
(a) he or she is in Australia; and
(b) he or she is suffering financial hardship as a result of changes in
his or her circumstances after entering Australia; and
(c) he or she, or a member of his or her immediate family, is likely to
become a charge on public funds in Australia; and
(d) for reasons beyond his or her control, he or she, or a member of his
or her immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal
reasons to work in Australia; and
(f) he or she meets public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant's expressed
intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with
any conditions subject to which the visa is granted. 686.3 SECONDARY
CRITERIA: Nil. (NOTE: All applicants must satisfy the primary
criteria.) 686.4 CIRCUMSTANCES APPLICABLE TO GRANT 686.411 If the
applicant is outside Australia at the time of application, the
applicant must be outside Australia at the time of grant. 686.412 If
the applicant is in Australia at time of application, the applicant
must be in Australia at the time of grant. 686.5 WHEN VISA IS IN
EFFECT 686.511 (1) If the visa is granted outside Australia-temporary
visa permitting the holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date
specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period specified by the Minister for the purpose; or
(ii) until a date specified by the Minister for the purpose.
(2) If the visa is granted in Australia-temporary visa permitting the holder:
(a) to remain in Australia for a period, or until a date specified by the
Minister for the purpose; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to and enter Australia on one or more occasions until
a date specified by the Minister for the purpose; and
(ii) to remain in Australia after each entry:
(A) for a period specified by the Minister for the purpose;
or
(B) until a date specified by the Minister for the purpose.
686.6 CONDITIONS 686.611 In the case of a visa granted to
an applicant who meets the requirements of in subclause
686.221 (4): conditions 8201 and 8205. 686.612 In any
other case: conditions 8101, 8201 and 8205. 686.613
Condition 8503 may be imposed. 686.7 WAY OF GIVING
EVIDENCE 686.711 Visa label affixed to a valid passport.
SUBCLASS 840-BUSINESS OWNER 840.1 INTERPRETATION (NOTE:
"appropriate regional authority", "AUD", "fiscal year",
"ownership interest" and "qualifying business" are
defined in regulation 1.03; "main business" is defined in
regulation 1.11; and "eligible business" is defined in s.
134 (10) of the Act. There are no interpretation
provisions specific to this Part.) 840.2 PRIMARY CRITERIA
(NOTE: The primary criteria must be satisfied by at least
1 member of a family unit. The other members of the
family unit who are applicants for a visa of this
subclass need satisfy only the secondary criteria.)
840.21 Criteria to be satisfied at time of application
840.211 (1) The applicant:
(a) is in Australia; and
(b) holds any of the following visas:
(i) a Business (Temporary) (Class TB) visa;
(ii) a Cultural/Social (Temporary) (Class TE) visa;
(iii) an Educational (Temporary) (Class TH) visa;
(iv) an Expatriate (Temporary) (Class TJ) visa;
(v) a Retirement (Temporary) (Class TQ) visa;
(vi) a Supported Dependent (Temporary) (Class TW) visa;
(vii) a transitional (temporary) visa that the applicant is taken to
hold because he or she held, or applied for, a Group 2.1
(temporary resident) visa or entry permit within the meaning of
the Migration (1993) Regulations before 1 September 1994;
(viii) a Working Holiday (Temporary) (Class TZ) visa. 840.212 The
applicant has had an ownership interest in 1 or more qualifying
businesses throughout any 2 periods of 1 fiscal year in the 4
fiscal years immediately preceding the making of the
application. 840.213 (1) The applicant has overall had a
successful business career.
(2) In any 2 periods of 1 fiscal year in the 4 fiscal years immediately
preceding the making of the application:
(a) the net assets of:
(i) the applicant; or
(ii) the applicant and his or her spouse together; in a qualifying
business or qualifying businesses were not less than the
equivalent of AUD300,000 in each of those years; and
(b) if a qualifying business referred to in paragraph (a) was operated as
a publicly listed company, the shareholding of:
(i) the applicant; or
(ii) the applicant and his or her spouse together; was at least 10%
of the total issued capital of the company. 840.214 In any 2
periods of 1 fiscal year in the 4 fiscal years immediately
preceding the making of the application, the applicant, as the
owner of an interest in a main business or main businesses,
maintained direct and continuous involvement in management of
that business or those businesses from day to day and in making
decisions that affected the overall direction and performance
of that business or those businesses. 840.215 If the applicant
was engaged, in any 2 periods of 1 fiscal year in the 4
fiscal years immediately preceding the making of the
application, in a business providing professional, technical or
trade services, the applicant was directly engaged in the
provision of the services, as distinct from the general
direction of the operation of the business, for no more than
half the time spent by the applicant from day to day in the
conduct of the business. 840.216 The applicant has notified the
appropriate regional authority of a State or Territory of:
(a) the applicant's business history; and
(b) the applicant's intention to develop a business in that State or
Territory. 840.217 The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that
business from day to day and in making decisions that affect the
overall direction and performance of the business in a manner that
benefits the Australian economy. 840.218 The applicant does not have a
history of involvement in business activities that are of a nature
that is not generally acceptable in Australia. 840.219 The applicant
has signed a declaration in a form approved by the Minister that the
applicant acknowledges the Government's requirements in relation to
residence in Australia as the holder of a Subclass 840 visa. 840.22
Criteria to be satisfied at time of decision 840.221 The applicant
continues to satisfy the criteria in clauses 840.211 to 840.218.
840.222 (1) The applicant's score on the business skills points test
is not less than the number of points that is specified for the
purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.1 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant's score under a Subdivision or Part of Schedule 7 is the
number of points specified in that Subdivision or Part in relation to
the attribute described in the Subdivision or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 3 of Schedule
7-at the time when the application is decided; and
(ii) in the case of any other attribute-at the time when the
application is made; and if there is more than 1 attribute of
either of those kinds, the highest single number of points so
specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7,
only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being
transferred, to Australia within 2 years of grant of a business
skills visa to the applicant; are to be taken into account.
840.223 The applicant satisfies public interest criteria 4001
to 4006, 4009 and 4010. 840.224 (1) Each member of the family
unit of the applicant who is an applicant for a Subclass 840
visa is a person who satisfies public interest criteria 4001 to
4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 840 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 840.225 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18; made a combined application with the
applicant; the Minister is satisfied that the grant of the
Subclass 840 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests
of any other person who has custody or guardianship of, or
access to, the child. 840.3 SECONDARY CRITERIA (NOTE: These
criteria must be satisfied by applicants who are members of the
family unit of a person who satisfies the primary criteria.)
840.31 Criteria to be satisfied at time of application 840.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 840.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 840.32 Criteria to be satisfied at time of decision
840.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is a holder of a
Subclass 840 visa. 840.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 840.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 840 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 840.4
CIRCUMSTANCES APPLICABLE TO GRANT 840.411 The applicant must be in
Australia, but not in immigration clearance, when the visa is granted.
840.5 WHEN VISA IS IN EFFECT 840.511 Permanent visa permitting the
holder to travel to, and enter, Australia for a period of 4 years from
the date of grant. 840.6 CONDITIONS 840.611 Nil. 840.7 WAY OF GIVING
EVIDENCE 840.711 Visa label affixed to a valid passport. SUBCLASS
841-SENIOR EXECUTIVE 841.1 INTERPRETATION 841.111 In this Part:
"major business" means a business (other than a government business
enterprise) the annual turnover of which was not less than the equivalent of
AUD50,000,000 in each of any 2 of the 4 fiscal years immediately preceding the
making of the application. (NOTE: "appropriate regional authority", "AUD",
"eligible business", "fiscal year" and "ownership interest" are defined in
regulation 1.03.) 841.2 PRIMARY CRITERIA (NOTE: The primary criteria must be
satisfied by at least 1 member of a family unit. The other members of the
family unit who are applicants for a visa of this subclass need satisfy only
the secondary criteria.) 841.21 Criteria to be satisfied at time of
application 841.211 (1) The applicant:
(a) is in Australia; and
(b) holds any of the following visas:
(i) a Business (Temporary) (Class TB) visa;
(ii) a Cultural/Social (Temporary) (Class TE) visa;
(iii) an Educational (Temporary) (Class TH) visa;
(iv) an Expatriate (Temporary) (Class TJ) visa;
(v) a Retirement (Temporary) (Class TQ) visa;
(vi) a Supported Dependent (Temporary) (Class TW) visa;
(vii) a transitional (temporary) visa that the applicant is taken to
hold because he or she held, or applied for, a Group 2.1
(temporary resident) visa or entry permit within the meaning of
the Migration (1993) Regulations before 1 September 1994;
(viii) a Working Holiday (Temporary) (Class TZ) visa. 841.212 The
applicant has overall had a successful business career. 841.213
In any 2 of the 4 years immediately preceding the making of the
application, the applicant:
(a) occupied a position in the 3 highest levels of the management
structure of a major business; and
(b) was responsible for strategic policy development affecting a major
component or a wide range of operations of that major business.
841.214 The applicant has notified the appropriate regional authority
of a State or Territory of:
(a) the applicant's business history; and
(b) the applicant's intention to develop a business in that State or
Territory. 841.215 The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that
business from day to day and in making decisions that affect the
overall direction and performance of the business in a manner that
benefits the Australian economy. 841.216 The applicant does not have a
history of involvement in business activities that are of a nature
that is not generally acceptable in Australia. 841.217 The applicant
has signed a declaration in a form approved by the Minister, that the
applicant acknowledges the Government's requirements in relation to
residence in Australia as the holder of a Subclass 841 visa. 841.22
Criteria to be satisfied at time of decision 841.221 The applicant
continues to satisfy the criteria specified in clauses 841.211 to
841.216. 841.222 (1) The applicant's score on the business skills
points test is not less than the number of points that is specified
for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.2 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant's score under a Division or Part of Schedule 7 is the
number of points specified in that Division or Part in relation to the
attribute described in the Division or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 3 of Schedule
7-at the time when the application is decided; and
(ii) in the case of any other attribute-at the time when the
application is made; and if there is more than 1 attribute of
that kind, the highest single number of points so specified;
and
(c) in determining the score of an applicant under Part 4 of Schedule 7,
only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being
transferred, to Australia within 2 years of grant of a business
skills visa to the applicant; are to be taken into account.
841.223 The applicant satisfies public interest criteria 4001
to 4006, 4009 and 4010. 841.224 (1) Each member of the family
unit of the applicant who is an applicant for a Subclass 841
visa is a person who satisfies public interest criteria 4001 to
4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 841 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 841.225 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18; made a combined application with the
applicant; and the Minister is satisfied that the grant of a
Subclass 841 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests
of any other person who has custody or guardianship of, or
access to, the child. 841.3 SECONDARY CRITERIA (NOTE: These
criteria must be satisfied by applicants who are members of the
family unit of a person who satisfies the primary criteria.)
841.31 Criteria to be satisfied at time of application 841.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 841.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 841.32 Criteria to be satisfied at time of decision
841.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a
Subclass 841 visa. 841.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 841.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 841 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant . 841.4
CIRCUMSTANCES APPLICABLE TO GRANT 841.411 The applicant must be in
Australia, but not in immigration clearance, when the visa is granted.
841.5 WHEN VISA IS IN EFFECT 841.511 Permanent visa permitting the
holder to travel to, and enter, Australia for a period of 4 years from
the date of grant. 841.6 CONDITIONS 841.611 Nil. 841.7 WAY OF GIVING
EVIDENCE 841.711 Visa label affixed to a valid passport. SUBCLASS
842-STATE/TERRITORY SPONSORED BUSINESS OWNER 842.1 INTERPRETATION
(NOTE: "appropriate regional authority", "AUD", "fiscal year",
"ownership interest" and "qualifying business" are defined in
regulation 1.03; "main business" is defined in regulation 1.11; and
"eligible business" is defined in s. 134 (10) of the Act. There are no
interpretation provisions specific to this Part.) 842.2 PRIMARY
CRITERIA (NOTE: The primary criteria must be satisfied by at least 1
member of a family unit. The other members of the family unit who are
applicants for a visa of this subclass need satisfy only the secondary
criteria.) 842.21 Criteria to be satisfied at time of application
842.211 (1) The applicant:
(a) is in Australia; and
(b) holds any of the following visas:
(i) a Business (Temporary) (Class TB) visa;
(ii) a Cultural/Social (Temporary) (Class TE) visa;
(iii) an Educational (Temporary) (Class TH) visa;
(iv) an Expatriate (Temporary) (Class TJ) visa;
(v) a Retirement (Temporary) (Class TQ) visa;
(vi) a Supported Dependent (Temporary) (Class TW) visa;
(vii) a transitional (temporary) visa that the applicant is taken to
hold because he or she held, or applied for, a Group 2.1
(temporary resident) visa or entry permit within the meaning of
the Migration (1993) Regulations before 1 September 1994;
(viii) a Working Holiday (Temporary) (Class TZ) visa. 842.212 The
applicant has had an ownership interest in 1 or more qualifying
businesses throughout any 2 periods of 1 fiscal year in the 4
fiscal years immediately preceding the making of the
application. 842.213 (1) The applicant has overall had a
successful business career.
(2) In any 2 periods of 1 fiscal year in the 4 fiscal years immediately
preceding the making of the application:
(a) the net assets of:
(i) the applicant; or
(ii) the applicant and his or her spouse together; in a qualifying
business or qualifying businesses were not less than the
equivalent of AUD200,000 in each of those years; and
(b) if a qualifying business referred to in paragraph (a) was operated as
a publicly listed company, the shareholding of:
(i) the applicant; or
(ii) the applicant and his or her spouse together; was at least 10%
of the total issued capital of the company. 842.214 In any 2
periods of 1 fiscal year in the 4 fiscal years immediately
preceding the making of the application, the applicant, as the
owner of an interest in a main business or main businesses,
maintained direct and continuous involvement in management of
that business or those businesses from day to day and in making
decisions that affected the overall direction and performance
of that business or those businesses. 842.215 If the applicant
was engaged, in any 2 periods of 1 fiscal year in the 4
fiscal years immediately preceding the making of the
application, in a business providing professional, technical or
trade services, the applicant was directly engaged in the
provision of the services, as distinct from the general
direction of the operation of the business, for no more than
half the time spent by the applicant from day to day in the
conduct of the business. 842.216 (1) The applicant has notified
the appropriate regional authority of a State or Territory of:
(a) the applicant's business history; and
(b) the applicant's intention to develop a business in that State or
Territory.
(2) The applicant submits a notification on approved form 950 from that
appropriate regional authority that the authority will consider sponsoring the
applicant.
(3) The notification must:
(a) be signed by an officer of the appropriate regional authority who is
authorised to sign a notification of that kind; and
(b) bear the seal of the authority. 842.217 The applicant genuinely has a
realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that
business from day to day and in making decisions that affect the
overall direction and performance of the business in a manner that
benefits the Australian economy. 842.218 The applicant does not have a
history of involvement in business activities that are of a nature
that is not generally acceptable in Australia. 842.219 The applicant
has signed a declaration in a form approved by the Minister that the
applicant acknowledges the Government's requirements in relation to
residence in Australia as the holder of a Subclass 842 visa. 842.22
Criteria to be satisfied at time of decision 842.221 The applicant
continues to satisfy the criteria specified in clauses 842.211 to
842.218. 842.222 (1) The applicant's score on the business skills
points test is not less than the number of points that is specified
for the purposes of this clause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.1 of Schedule 7; and
(ii) Parts 2, 3, 4 and 5 of that Schedule; and
(b) an applicant's score under a Division or Part of Schedule 7 is the
number of points specified in that Division or Part in relation to the
attribute described in the Division or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 3 or Part 5 of
Schedule 7-at the time when the application is decided; and
(ii) in the case of any other attribute-at the time when the
application is made; and if there is more than 1 attribute of
either of those kinds, the highest single number of points so
specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7,
only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being
transferred, to Australia within 2 years of grant of a business
skills visa to the applicant; are to be taken into account.
842.223 The applicant satisfies public interest criteria 4001
to 4006, 4009 and 4010. 842.224 (1) Each member of the family
unit of the applicant who is an applicant for a Subclass 842
visa is a person who satisfies public interest criteria 4001 to
4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 842 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 842.225 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18; made a combined application with the
applicant; the Minister is satisfied that the grant of the
Subclass 842 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests
of any other person who has custody or guardianship of, or
access to, the child. 842.226 (1) The applicant has been
sponsored (on approved form 949) by an appropriate regional
authority.
(2) The sponsorship must:
(a) be given by the same authority as the notification referred to in
subclause 842.216 (2); and
(b) be signed by an officer of the authority who is authorised to sign a
sponsorship of that kind; and
(c) bear the seal of the authority; and
(d) be given to the Minister within 90 days after the Minister asks for
it; and
(e) be the first sponsorship of that kind given by the applicant to the
Minister. 842.3 SECONDARY CRITERIA (NOTE: These criteria must be
satisfied by applicants who are members of the family unit of a person
who satisfies the primary criteria.) 842.31 Criteria to be satisfied
at time of application 842.311 The applicant is a member of the family
unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 842.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 842.32 Criteria to be satisfied at time of decision
842.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a
Subclass 842 visa. 842.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 842.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 842 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 842.324
The sponsorship referred to in 842.226 is approved by the Minister and
is still in force. 842.4 CIRCUMSTANCES APPLICABLE TO GRANT 842.411 The
applicant must be in Australia, but not in immigration clearance, when
the visa is granted. 842.5 WHEN VISA IS IN EFFECT 842.511 Permanent
visa permitting the holder to travel to, and enter, Australia for a
period of 4 years from the date of grant. 842.6 CONDITIONS 842.611
Nil. 842.7 WAY OF GIVING EVIDENCE 842.711 Visa label affixed to a
valid passport. SUBCLASS 843-STATE/TERRITORY SPONSORED SENIOR
EXECUTIVE 843.1 INTERPRETATION 843.111 In this Part:
"major business" means a business (other than a government business
enterprise) the annual turnover of which was not less than the equivalent of
AUD10,000,000 in each of any 2 of the 4 fiscal years immediately preceding the
making of the application. (NOTE: "appropriate regional authority", "AUD",
"eligible business", "fiscal year" and "ownership interest" are defined in
regulation 1.03.) 843.2 PRIMARY CRITERIA (NOTE: The primary criteria must be
satisfied by at least 1 member of a family unit. The other members of the
family unit who are applicants for a visa of this subclass need satisfy only
the secondary criteria.) 843.21 Criteria to be satisfied at time of
application 843.211 (1) The applicant:
(a) is in Australia; and
(b) holds any of the following visas:
(i) a Business (Temporary) (Class TB) visa;
(ii) a Cultural/Social (Temporary) (Class TE) visa;
(iii) an Educational (Temporary) (Class TH) visa;
(iv) an Expatriate (Temporary) (Class TJ) visa;
(v) a Retirement (Temporary) (Class TQ) visa;
(vi) a Supported Dependent (Temporary) (Class TW) visa;
(vii) a transitional (temporary) visa that the applicant is taken to
hold because he or she held, or applied for, a Group 2.1
(temporary resident) visa or entry permit within the meaning of
the Migration (1993) Regulations before 1 September 1994;
(viii) a Working Holiday (Temporary) (Class TZ) visa. 843.212 The
applicant has overall had a successful business career. 843.213
In any 2 of the 4 years immediately preceding the making of the
application, the applicant:
(a) occupied a position in the 3 highest levels of the management
structure of a major business; and
(b) was responsible for strategic policy development affecting a major
component or a wide range of operations of that major business.
843.214 (1) The applicant has notified an appropriate regional
authority of a State or Territory of:
(a) the applicant's business history; and
(b) the applicant's intention to develop a business in that State or
Territory.
(2) The applicant submits a notification, on approved form 950, from that
appropriate regional authority stating that the authority will consider
sponsoring the applicant.
(3) The notification must:
(a) be signed by an officer of the authority who is authorised to sign a
notification of that kind; and
(b) bear the seal of the authority. 843.215 The applicant genuinely has a
realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that
business from day to day and in making decisions that affect the
overall direction and performance of the business in a manner that
benefits the Australian economy. 843.216 The applicant does not have a
history of involvement in business activities that are of a nature
that is not generally acceptable in Australia. 843.217 The applicant
has signed a declaration in a form approved by the Minister that the
applicant acknowledges the Government's requirements in relation to
residence in Australia as the holder of a Subclass 843 visa. 843.22
Criteria to be satisfied at time of decision 843.221 The applicant
continues to satisfy the criteria specified in clauses 843.211 to
843.216. 843.222 (1) The applicant's score on the business skills
points test is not less than the number of points that is specified
for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.2 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant's score under a Division or Part of Schedule 7 is the
number of points specified in that Division or Part in relation to the
attribute described in the Division or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 3 of Schedule
7-at the time when the application is decided; and
(ii) in the case of any other attribute-at the time when the
application is made; and if there is more than 1 attribute of
either of those kinds, the highest single number of points so
specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7,
only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being
transferred, to Australia within 2 years of grant of a business
skills visa to the applicant; are to be taken into account.
843.223 The applicant satisfies public interest criteria 4001
to 4006, 4009 and 4010. 843.224 (1) Each member of the family
unit of the applicant who is also an applicant for a Subclass
843 visa is a person who satisfies public interest criteria
4001 to 4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 843 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 843.225 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18; made a combined application with the
applicant; the Minister is satisfied that the grant of the
Subclass 843 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests
of any other person who has custody or guardianship of, or
access to, the child. 843.226 (1) The applicant has been
sponsored (on approved form 949) by an appropriate regional
authority.
(2) The sponsorship must:
(a) be given by the same authority as the notification referred to in
subclause 843.214 (2); and
(b) be signed by an officer of the authority who is authorised to sign a
sponsorship of that kind; and
(c) bear the seal of the authority; and
(d) be given to the Minister within 90 days after the Minister asks for
it; and
(e) be the first sponsorship of that kind given by the applicant to the
Minister. 843.3 SECONDARY CRITERIA (NOTE: These criteria must be
satisfied by applicants who are members of the family unit of a person
who satisfies the primary criteria.) 843.31 Criteria to be satisfied
at time of application 843.311 The applicant is a member of the family
unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 843.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 843.32 Criteria to be satisfied at time of decision
843.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a
Subclass 843 visa. 843.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 843.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 843 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 843.324
The sponsorship referred to in 843.226 is approved by the Minister and
is still in force. 843.4 CIRCUMSTANCES APPLICABLE TO GRANT 843.411 The
applicant must be in Australia, but not in immigration clearance, when
the visa is granted. 843.5 WHEN VISA IS IN EFFECT 843.511 Permanent
visa permitting the holder to travel to, and enter, Australia for a
period of 4 years from the date of grant. 843.6 CONDITIONS 843.611
Nil. 843.7 WAY OF GIVING EVIDENCE 843.711 Visa label affixed to a
valid passport. SUBCLASS 844-investment-linked 844.1 INTERPRETATION
844.111 In this Part:
"designated investment" means an investment in a security specified by the
Minister under regulation 5.19A for the purposes of this Part;
"eligible investment" in relation to a person means:
(a) an ownership interest in a business; or
(b) a loan to a business; or
(c) cash on deposit; or
(d) stocks and bonds; or
(e) real estate; or
(f) gold or silver bullion; that is owned by the person for the purposes
of producing a return by way of income or capital gain and is not held
for personal use. (NOTE: "AUD", "fiscal year", "ownership interest"
and "qualifying business" are defined in regulation 1.03.) 844.2
PRIMARY CRITERIA (NOTE: The primary criteria must be satisfied by at
least 1 member of a family unit. The other members of the family unit
who are applicants for a visa of this subclass need satisfy only the
secondary criteria.) 844.21 Criteria to be satisfied at time of
application 844.211 The Minister is satisfied that the applicant has
demonstrated a high level of management skill in relation to the
eligible investment or qualifying business activity. 844.212 The
applicant:
(a) is in Australia; and
(b) holds any of the following visas:
(i) a Business (Temporary) (Class TB) visa;
(ii) a Cultural/Social (Temporary) (Class TE) visa;
(iii) an Educational (Temporary) (Class TH) visa;
(iv) an Expatriate (Temporary) (Class TJ) visa;
(v) a Retirement (Temporary) (Class TQ) visa;
(vi) a Supported Dependent (Temporary) (Class TW) visa;
(vii) a transitional (temporary) visa that the applicant is taken to
hold because he or she held, or applied for, a Group 2.1
(temporary resident) visa or entry permit within the meaning of
the Migration (1993) Regulations before 1 September 1994;
(viii) a Working Holiday (Temporary) (Class TZ) visa. 844.213 The
applicant has demonstrated overall a successful record of
eligible investment or qualifying business activity. 844.214
(1) The applicant has had a total of at least 3 years
experience of direct involvement in managing 1 or more
qualifying businesses or eligible investments.
(2) Throughout at least 1 of the 5 fiscal years immediately preceding the
making of the application:
(a) the applicant maintained direct involvement in managing a qualifying
business in which:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
had an ownership interest of at least 10% of the total value of the business;
or
(b) the applicant maintained direct involvement in managing eligible
investments of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
the total net value of which was at least AUD1,000,000.
(3) The total net value of the assets owned by:
(a) the applicant; or
(b) the applicant and his or her spouse together; throughout the 2
fiscal years immediately preceding the making of the application was
at least 50% more than the value of the funds to be deposited in the
designated investment in the name of the applicant, or in the names of
the applicant and members of his or her family unit, as the case
requires. 844.215 Neither the applicant nor his or her spouse (if any)
has a history of involvement in business or investment activities that
are of a nature that is not generally acceptable in Australia. 844.216
The applicant demonstrates that he or she genuinely has a realistic
commitment to continue to maintain a business or investment activity
in Australia after the designated investment made by the applicant, or
the applicant and his or her family unit, has matured. 844.217 The
applicant has signed a declaration in a form approved by the Minister
that the applicant acknowledges the Government's requirements in
relation to residence in Australia as the holder of a Subclass 844
visa. 844.22 Criteria to be satisfied at time of decision 844.221 The
applicant continues to satisfy the criteria specified in clauses
844.211 to 844.216. 844.222 (1) The applicant provides evidence that
he or she has made a designated investment of an amount of AUD750,000,
AUD1,000,000, AUD1,500,000 or AUD2,000,000.
(2) The Minister is satisfied, based on the evidence provided by the
applicant, that the funds invested were:
(a) legally owned by:
(i) the applicant; or
(ii) the applicant and his or her spouse together; and
(b) unencumbered; and
(c) accumulated from the qualifying business or eligible investment
activities of:
(i) the applicant; or
(ii) the applicant and his or her spouse together. 844.223 (1) The
applicant's score on the business skills points test is not
less than the number of points that is specified for the
purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.3 of Schedule 7; and
(ii) Parts 2 and 3 of that Schedule; and
(b) an applicant's score under a Subdivision or Part of Schedule 7 is the
number of points specified in that Subdivision or Part in relation to
the attribute described in the Subdivision or Part that relates to the
applicant:
(i) in the case of an attribute specified in Part 1 or Part 3 of
Schedule 7-at the time when the application is decided; and
(ii) in the case of an attribute specified in Part 2-at the time
when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest
single number of points so specified. 844.224 The applicant satisfies public
interest criteria 4001 to 4006, 4009 and 4010. 844.225 (1) Each member of the
family unit of the applicant who is an applicant for a Subclass 844 visa is a
person who satisfies public interest criteria 4001 to 4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 844 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 844.226 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant; the Minister is satisfied that
the grant of the Subclass 844 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests of any other
person who has custody or guardianship of, or access to, the child. 844.3
SECONDARY CRITERIA (NOTE: These criteria must be satisfied by applicants who
are members of the family unit of a person who satisfies the primary
criteria.) 844.31 Criteria to be satisfied at time of application 844.311 The
applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 844.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 844.32 Criteria to be satisfied at time of decision
844.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is a holder of a
Subclass 844 visa. 844.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 844.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 844 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 844.4
CIRCUMSTANCES APPLICABLE TO GRANT 844.411 The applicant must be in
Australia, but not in immigration clearance, when the visa is granted.
844.5 WHEN VISA IS IN EFFECT 844.511 Permanent visa permitting the
holder to travel to and enter Australia for a period of 4 years from
the date of grant. 844.6 CONDITIONS 844.611 Nil. 844.7 WAY OF GIVING
EVIDENCE 844.711 Visa label affixed to a valid passport. SUBCLASS
845-established business in Australia 845.1 INTERPRETATION (NOTE:
"AUD", "ownership interest" and "qualifying business" are defined in
regulation 1.03; and "main business" is defined in regulation 1.11.
There are no interpretation provisions specific to this Part.) 845.2
PRIMARY CRITERIA (NOTE: The primary criteria must be satisfied by at
least 1 member of a family unit. The other members of the family unit
who are applicants for a visa of this subclass need satisfy only the
secondary criteria.) 845.21 Criteria to be satisfied at time of
application 845.211 The applicant holds a temporary substantive visa
other than any of the following visas:
(a) a special purpose visa;
(b) a Border (Temporary) (Class TA) visa;
(c) a Diplomatic (Temporary) (Class TF) visa;
(d) a Domestic Worker (Temporary) (Class TG) visa;
(e) a Transit (Temporary) (Class TX) visa;
(f) a transitional (temporary) visa that the applicant is taken to hold
because he or she held, or applied for, a visa referred to in
paragraph (a), (b), (c), (d) or (e) before 1 September 1994. 845.212
The applicant has been in Australia as the holder of the temporary
substantive visa for at least 9 months during the period of 12 months
immediately preceding the making of the application. 845.213 The
applicant:
(a) has had an ownership interest in 1 or more established main businesses
in Australia for the period of 18 months immediately preceding the
making of the application; and
(b) continues to have an interest of that kind. 845.214 The total value of
the net assets of the applicant and the applicant's spouse in
Australia is at least AUD250,000. 845.215 The total value of the net
assets of the main business or main businesses owned by the applicant,
or the applicant and the applicant's spouse together, has been for the
12 months immediately preceding the date of the application, and is
currently, at least AUD100,000. 845.216 In the 12 months immediately
preceding the making of the application, the applicant, as the owner
of an interest in a main business or main businesses in Australia,
maintained direct and continuous involvement in the management of that
business or those businesses from day to day and in making decisions
that affected the overall direction and performance of that business
or those businesses. 845.217 The applicant has overall had a
successful business career. 845.218 Neither the applicant nor his or
her spouse (if any) has a history of involvement in business or
investment activities of a nature that is not generally acceptable in
Australia. 845.219 The applicant has signed a declaration in a form
approved by the Minister that the applicant acknowledges the
Government's requirements in relation to residence in Australia as the
holder of a Subclass 845 visa. 845.22 Criteria to be satisfied at time
of decision 845.221 The applicant continues to satisfy clauses 845.213
to 845.218. 845.222 (1) The applicant's score on the business skills
points test is not less than the number of points that is specified
for the purposes of this subclause by Gazette Notice.
(2) For the purposes of sub-clause (1):
(a) an applicant's score on the business skills points test is the sum of
the applicant's scores under:
(i) Division 1.4 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant's score under a Subdivision or Part of Schedule 7 is the
number of points specified in that Subdivision or Part in relation to
the attribute described in the Subdivision or Part that relates to the
applicant:
(i) in the case of an attribute specified in Division 1.3 of
Schedule 7-at the time when the application is decided; and
(ii) in the case of any other attribute-at the time when the
application is made;
and if there is more than 1 attribute of either of those kinds, the highest
single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7,
only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being
transferred, to Australia within 2 years of grant of a business
skills visa to the applicant; are to be taken into account.
845.223 The applicant satisfies public interest criteria 4001
to 4006, 4009 and 4010. 845.224 (1) Each member of the family
unit of the applicant who is an applicant for a Subclass 845
visa is a person who satisfies public interest criteria 4001 to
4006, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant
for a Subclass 845 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister
is satisfied that it would be unreasonable to require the person to
undergo assessment in relation to those criteria. 845.225 If either:
(a) the family unit of the applicant includes a dependent child who made a
combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant; the Minister is satisfied that
the grant of the Subclass 845 visa to the child as a member of the family unit
of the applicant would not prejudice the rights and interests of any other
person who has custody or guardianship of, or access to, the child. 845.3
SECONDARY CRITERIA (NOTE: The secondary criteria must be satisfied by
applicants who are members of the family unit of a person who satisfies the
primary criteria.) 845.31 Criteria to be satisfied at time of application
845.311 The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application,
appears to satisfy the criteria in subdivision 845.21; and the
Minister has not decided to grant or refuse to grant the visa to that
other person. 845.32 Criteria to be satisfied at time of decision
845.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a
Subclass 845 visa. 845.322 The applicant satisfies public interest
criteria 4001 to 4006, 4009 and 4010. 845.323 If the applicant is the
dependent child of a person who is a holder of a Subclass 845 visa,
the Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who
has custody or guardianship of, or access to, the applicant. 845.4
CIRCUMSTANCES APPLICABLE TO GRANT 845.411 The applicant must be in
Australia, but not in immigration clearance, when the visa is granted.
845.5 WHEN VISA IS IN EFFECT 845.511 Permanent visa permitting the
holder to travel to, and enter, Australia for a period of 4 years from
the date of grant. 845.6 CONDITIONS: 845.611 Nil. 845.7 WAY OF GIVING
EVIDENCE 845.711 Visa label affixed to a passport.
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