Overview

The migration legislation meets the government's policy aim of strengthening the economy by providing for various temporary and permanent visas that are dependent on the applicant having a successful business or investment history and, for some visas, a willingness to invest and operate in regional areas that are prescribed by Gazette notice.

Permanent visas are divided into two general categories – skilled and business. The skills stream is discussed in the following chapter.

There has been limited litigation in the business/investment area of the migration jurisdiction and where applicants have failed at the merits level of decision-making it is often because they have failed to meet a threshold criterion that does not require judicial interpretation. For instance, where an applicant cannot demonstrate any responsible role in the operations of a business or where an applicant whose application is dependent on the spouse meeting the relevant criteria is divorced at the relevant time.

Since 1 March 2003, all business skills applicants (with the exception of subclass 132 business talent applicants) seeking to come to Australia to establish or buy into a business or make a designated investment are required first to apply for a temporary (provisional) visa and subsequently, after a qualifying period of between two and four years in Australia and provided they continue to meet the relevant business/investor criteria, for an equivalent residence visa.