IMPORTANT NEW FOR BUSINESS MIGRANTS IN AUSTRALIA
Important advice: number of employees required for business skills visa categories The following advice is relevant to: subclass 845 (Established Business in Australia); subclass 846 (Regional Established Business in Australia); subclass 890 (Business Owner); subclass 892 (State/Territory Sponsored Business Owner) Each of these visa categories contain criteria requiring that throughout the 12 months (for subclasses 845, 890 and 892) or 24 months (for subclass 846) immediately before the application is made the main business or main businesses employ not less than a set number of employees, the number varying depending upon the subclass. Until now case officers have exercised some discretion about the method of calculating the number of employees of an applicant's main business. This has been reflected in the department's policy advice manual (PAM3) which refers to pro-rata calculation of employee numbers. However it is now clear that under the current Migration Regulations the employment of the required number of employees must have been at all times throughout the relevant period. Clients may consider applying for a subclass 892 visa (State/Territory Sponsored Business Owner) - the employee requirement for this subclass is generally less onerous than for the other subclasses. See: Subclass 892 (State/Territory Sponsored Business Owner)
Source: MIA March 2007
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