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Business Migration Process

We supply selected immigration agents from around the world with specialised support services that help create successful visa applications. We also provide practical information and advice that agents can use to grow their own business.

The key to success is to obtain State Sponsorship for your clients. The sponsorship concessions help the visa attract a wider range of applicants and reduce the associated financial obligations. The more relaxed conditions will help you in grow your business migration market share as an agent.

“Sponsorship” means obtaining State Government support (not compulsory, but very advantageous).

The relaxed conditions of Sponsorship allow the applicant to meet lower criteria for investment and employment creation and it also allows for older applicants.

The lower policy requirements here allow more people to apply for the visa, giving you an opportunity to target a larger market and enjoy a higher level of success with your cases. These sponsorship driven business plans are assessed by business-minded staff in State Government economic development agencies, rather than immigration case officers who often have no business management background.

This is not intended to be a negative comment about the case officers. We understand from discussions that they are pleased not to have to deal with the business case, that they prefer to put their skills and resources into the document verification and policy assessment stages.

The policy criteria is set at lower levels if a State is willing to sponsor your business client. We can help you obtain State sponsorship. DIAC have also delegated the task of assessing the sponsorship of business case to State Governments, and this is mainly undertaken by the State’s economic development unit.

Only non-sponsored applications that involve larger amounts of money, younger applicants and higher skills are still assessed within DIAC. There is a risk here that an immigration officer might not understand the business concept, leading to delay or possible refusal of the visa.

It also makes financial common sense for someone who meets the higher requirements to actually consider applying for the lower threshold of State Sponsorship. Reduced requirements will increase the amount of flexibility in the application and that in turn should lead to higher chance of actual business success.

An application is then made by you or the client to the Department of Immigration and Citizenship (DIAC) for visa approval. Business migrants enter Australia on a Provisional (Temporary Residence) visa for up to 4 years, establish and operate their business for at least two years, and can then apply for a visa as a Permanent Resident.

The general criteria listed below are related to State sponsorship of a visa application. We recommend obtaining State Sponsorship as it allows for lower investment levels, a higher age and softer English skills. *Conditions apply.

Fundamentally, it works like this:

1. Assess the client (send questionnaire to us for assistance if necessary)
2. Obtain a contract and payment
3. Assess individual State requirements for sponsorship and permanent residence intentions
4. Agree the State location and business type
5. Research the business case
6. Develop the business plan
7. Request and obtain State Sponsorship
8. Apply to DIAC for grant of the visa
9. Pursue the business for 2 years
10. Assess the business’ past performance
11. If required, assess the State’s current sponsorship requirements for permanent residence
12. If business performance requires, apply for and obtain State Sponsorship for PR
13. Apply to DIAC for permanent residence
14. Obtain PR with 5 year Returning Residents Visa
15. Option: Apply for Australian citizenship after obtaining PR and being in Australia for 2 out of the last 5 years.

You can see the critical points at 1, 6, 7, 10 and 13, all the other steps are mechanical or optional.

Here is a general guide to the State Sponsorship process. You can click on the panels to link to more subject data, or use the menu bar on the left to navigate the web site.

STEP 1 - Provisional Visa    <----2 years +----->  STEP 2 - Residence Visa

Applicants should consider their preferred State location, as some States want to see that the original proposed business was pursued or that they were notified of a the reason for changing the old proposal. The risk is that the State might not sponsor the residence application if your business falls below requirements.

There is another risk for any of your clients who may have changed their State since arrival, that the original sponsoring State might cancel their original sponsorship if the client is considered to have “defected” without providing adequate benefit to the original State.

We suggest that your clients openly discuss matters with the original State Government if they have changed State location. Honest dialogue might head off any issues about perceived misrepresentation in the original request for sponsorship. The sponsoring State has the ability to withdraw the sponsorship (this will kill off any entitlement to apply for PR).

When applying for PR the second State has the ability to contact the first sponsoring State and discuss the original business proposal. Simply vanishing from one State and appearing in another with a smaller business might cause frustration with both sponsors.

We believe that you should guide your clients towards applying for the State where they want to go, rather than allowing them to seek out any back door methods. This will only require a bit more planning effort and minor expense, it will be at much less cost and humiliation than if the sponsorship is withdrawn, perhaps forcing the the applicant to leave the country.

(C) State Sponsorship Services Pty Ltd 2007. This web site does not contain Australian immigration advice. Viewers who need this advice should consult a registered migration agent, refer to Migration Agents Registration Authority. Entry to and use of this web site means that the viewer acknowledges that State Sponsorship Services Pty Ltd does not provide immigration advice and cannot be held responsible for the outcome of any immigration application that is lodged as a result of the viewer accessing this web site.