Subclass 132 - Business Talent

132.1      Interpretation

Note 1      AUD, fiscal year, 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      There are no interpretation provisions specific to this Part.


132.2      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.

132.21      Criteria to be satisfied at time of application

132.211

The applicant has overall had a successful business career.


132.212

For at least 2 of the 4 fiscal years immediately before the application is made:

(a)      the net value of the assets of:

(i)      the applicant; or

(ii)      the applicant’s spouse or de facto partner; or

(iii)      the applicant and his or her spouse or de facto partner together;

in a qualifying business or qualifying businesses in which the applicant had an ownership interest was at least AUD400 000; and

(b)      if a qualifying business mentioned in paragraph (a) was operated by a publicly listed company, the shareholding of:

(i)      the applicant; or

(ii)      the applicant’s spouse or de facto partner; or

(iii)      the applicant and his or her spouse or de facto partner together;

was at least 10% of the total issued capital of the company.


132.213

For at least 2 of the 4 fiscal years immediately before the application is made, the applicant’s main business, or the applicant’s main businesses together, had an annual turnover  of at least AUD3 000 000.


132.214

The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:

(a)      have a net value of at least AUD1 500 000; and

(b)      are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 132 visa.


132.215

The applicant:

(a)      is less than 55 years old; or

(b)      is proposing to establish or participate in a business that the sponsoring State or Territory has determined is of exceptional economic benefit to the State or Territory.


132.216

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.


132.217

The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 132 visa:

(a)      either:

(i)      to establish a qualifying business in Australia; or

(ii)      to participate in an existing qualifying 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.



[s5 of the Migration Act defines enter, enter Australia, entered, and entry , leave Australia and remain in Australia - see also s4 (object of the Act) and s6 (effect of limited meaning of certain expressions) - LEGEND note]


132.218

The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 132 visa.




132.22      Criteria to be satisfied at time of decision


132.221

The applicant continues to satisfy the criteria in clauses 132.211, 132.214, 132.216 and 132.217.


132.222

The applicant:

(a)      satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b)      if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.


132.223

(1)      The applicant is sponsored by a State or Territory.



(2)      Form 1224 is signed by the Premier or Chief Minister, or by a person authorised to do so by the Premier or Chief Minister, of that State or Territory.


132.224

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.


132.225

(1)      Each member of the family unit of the applicant who is an applicant for a Subclass 132 visa:

(a)      satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(aa)      if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and

(b)      if the member has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.



(2)      Each member of the family unit of the applicant who is not an applicant for a Subclass 132 visa:

(a)      satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and

(b)      satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.


132.226

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.


132.227

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.




132.3      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.




132.31      Criteria to be satisfied at time of application


132.311

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 132.21.




132.32      Criteria to be satisfied at time of decision


132.321

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 132 visa.


132.322

The applicant:

(a)      satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b)      if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.


132.323

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.


132.324

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.


132.325

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.




132.4      Circumstances applicable to grant


132.411

The applicant may be in or outside Australia, but not in immigration clearance.



Note       The second instalment of the visa application charge must be paid before the visa can be granted.




132.5      When visa is in effect



[s5 of the Migration Act defines enter, enter Australia, entered, and entry , leave Australia and remain in Australia - see also s4 (object of the Act) and s6 (effect of limited meaning of certain expressions) - LEGEND note]


132.511

Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.




132.6      Conditions



[s5 of the Migration Act defines enter, enter Australia, entered, and entry , leave Australia and remain in Australia - see also s4 (object of the Act) and s6 (effect of limited meaning of certain expressions) - LEGEND note]


132.611

If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.


132.612

If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.




132.7      Way of giving evidence


132.711

No evidence need be given.


132.712

If evidence is given, to be given by a label affixed to a valid passport.