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http://www.austlii.edu.au/cgi-bi ... chedule%202Subclass
Subclass 892 State/Territory Sponsored Business Owner
892.1 Interpretation
Note 1 appropriate regional authority , AUD , ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.
Note 2 As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
Note 3 Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12. Subregulations 1.12 (1) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.
Note 4 There are no interpretation provisions specific to this Part.
892.2 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.
892.21 Criteria to be satisfied at time of application
892.211 (1) The applicant has had, and continues to have, an ownership interest in 1 or more actively operating main businesses in Australia for at least 2 years immediately before the application is made.
(2) For each business to which subclause (1) applies:
(a) an Australian Business Number has been obtained; and
(b) all Business Activity Statements required by the Australian Taxation Office (the ATO ) for the period mentioned in subclause (1) have been submitted to the ATO and have been included in the application.
892.212 Unless the appropriate regional authority has determined that there are exceptional circumstances, the applicant meets at least 2 of the following requirements:
(a) in the peri od of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(i) provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full-time employee over that period of 12 months; and
(ii) provided those hours of employment to an employee, or employees, who:
(A) were not the applicant or a member of the family unit of the applicant; and
(B) were Australian citizens, Australian permanent residents or New Zealand passport holders;
(b) the business and personal assets in Australia of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(i) have a net value of at least AUD250 000; and
(ii) had a net value of at least AUD250 000 throughout the period of 12 months ending immediately before the application is made; and
(iii) have been lawfully acquired by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together;
(c) the assets owned by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:
(i) have a net value of at least AUD75 000; and
(ii) had a net value of at least AUD75 000 throughout the period of 12 months ending immediately before the application is made; and
(iii) have been lawfully acquired by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.
892.213 (1) The applicant meets the requirements of subclause (2) or (3).
(2) An applicant meets the requirements of this subclause if, in the 12 months immediately before the application is made, the applicant's main business in Australia, or main businesses in Australia together, had an annual turnover of at least AUD200 000.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant meets at least 2 of the requirements set out in paragraphs 892.212 (a), (b) and (c); and
(b) the applicant resides in, and operates the applicant's main business or businesses in Australia in, an area specified in an instrument in writing made by the Minister for this paragraph; and
(c) the appropriate regional authority has determined that there are exceptional circumstances for this subclause.
892.214 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
892.215 If the applicant is not the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa, one or more of the following circumstances has existed for a total of at least 1 year in the period of 2 years ending immediately before the application is made:
(a) the applicant has been in Australia as the holder of one of the visas mentioned in paragraph 1104B (3) (f) of Schedule 1;
(b) the applicant has been in Australia as the holder of a Bridging A (Class WA) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223 (7A) of Schedule 2;
(c) the applicant has been in Australia as the holder of a Bridging B (Class WB) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223 (7A) of Schedule 2.
892.216 If:
(a) the applicant is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant must have lived for at least 2 years in total, as the holder of 1 or more:
(c) Skilled -- Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled -- Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
892.216A If:
(a) the applicant is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:
(c) Skilled -- Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled -- Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
892.217 If:
(a) the applicant is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since
last entering Australia was a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant has complied with the conditions of that visa.
892.22 Criteria to be satisfied at time of decision
892.221 The applicant:
(a) continues to satisfy the criteria in clauses 892.211 and 892.214; and
(b) if the applicant met the requirements of paragraph 892.212 (b), continues to meet those requirements.
892.222 (1) The applicant is sponsored by an appropriate regional authority.
(2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.
892.223 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 , 4010 and 4020 ; and
(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.
892.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 892 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 , 4010 and 4020 ; and
(b) if the person had turned 18 at the time of application -- satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 892 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.
(3) Each member of the family unit of the applicant who, at the time of the applicant's application, was not the holder of either:
(a) a visa of a subclass included in Business Skills (Provisional) (Class UR); or
(b) a Subclass 457 (Business (Long Stay)) visa; or
(c) a Skilled -- Independent Regional (Provisional) (Class UX) visa;
satisfies public interest criterion 4005.
(4) Each member of the family unit of the applicant who, at the time of the applicant's application, was the holder of:
(a) a visa of a subclass included in Business Skills (Provisional) (Class UR); or
(b) a Subclass 457 (Business (Long Stay)) visa; or
(c) a Skilled -- Independent Regional (Provisional) (Class UX) visa;
satisfies public interest criterion 4007.
892.225 If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
892.226 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
892.3 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.
892.31 Criteria to be satisfied at time of application
892.311 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 892.21.
892.312 If:
(a) the applicant is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant has complied with the conditions of that visa.
892.32 Criteria to be satisfied at time of decision
892.321 The applicant is a member of the family unit of a person who:
(a) is the person with whom a combined application was made; and
(b) having satisfied the primary criteria, is the holder of a Subclass 892 visa.
892.322 (1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 , 4010 and 4020 ; and
(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.
(2) If the applicant, at the time of application, was not the holder of either:
(a) a visa of a subclass included in Business Skills (Provisional) (Class UR); or
(b) a Subclass 457 (Business (Long Stay)) visa; or
(c) a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant satisfies public interest criterion 4005.
(3) If the applicant, at the time of application, was the holder of:
(a) a visa of a subclass included in Business Skills (Provisional) (Class UR); or
(b) a Subclass 457 (Business (Long Stay)) visa; or
(c) a Skilled -- Independent Regional (Provisional) (Class UX) visa;
the applicant satisfies public interest criterion 4007.
892.323 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
892.324 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
892.4 Circumstances applicable to grant
892.411 If the applicant:
(a) was the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa at the time of application; or
(b) is a member of the family unit of a person who was
the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa by reason of satisfying the primary criteria for the grant of the visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
892.412 If clause 892.411 does not apply:
(a) if the applicant satisfies the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted; and
(b) if the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
Note The second instalment of the visa application charge must be paid before the visa can be granted.
892.5 When visa is in effect
892.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
892.6 Conditions
892.611 If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8515 may be imposed.
892.7 Way of giving evidence
892.711 No evidence need be given.
892.712 If evidence is given, to be given by a label affixed to a valid passport.
Main business： http://www.austlii.edu.au/au/leg ... r1994227/s1.11.html
appropriate regional authority , AUD , ownership interest and qualifying business
http://www.austlii.edu.au/au/leg ... r1994227/s1.03.html
Ownership for the purposes of certain Parts of Schedule 2
http://www.austlii.edu.au/au/leg ... 1994227/s1.11a.html |
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