Business Owner (Permanent) visa (subclass 892)

This visa is for people who own and manage a business in Australia. It allows you to stay in Australia indefinitely. To apply as a primary applicant, you must have a qualifying visa granted on a particular basis.

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Important information about seeking migration advice

The Office of Migration Agents Registration Authority (OMARA) regulates registered migration agents (RMAs) and publishes a list of agents that have been disciplined.

The OMARA has a register of RMAs that you can visit at www.mara.gov.au.

Investment NSW advises that all applicants considering engaging migration advisory services check whether the person handling your application has been disciplined at https://portal.mara.gov.au/disciplinary-decisions/.

It is important that all applicant’s check their own eligibility for NSW’s migration nomination programs.

If you’re a consumer, stay up-to-date with the latest information on Australia’s Migration Programs at https://immi.homeaffairs.gov.au/.

Eligibility 

Visa eligibility 

To see if you’re eligible for this visa, read the Home Affairs' criteria.

Business activity 

You must be involved in a business(es) that was actively operating throughout the last two years. This would usually be shown in each quarter by at least one of the following:  

  • substantial sales revenue  

  • leasing or owning of a business premises  

  • employment of staff  

  • significant capital investment (not including purchase of a motor vehicle) 

  • substantial purchase of stock.

Management of the business 

You must be actively involved in managing the business(es). As a guide, most small businesses require only one manager who usually controls more than 51% of the shareholding. 

Business investment 

For applicants sponsored by NSW or released from another state/territory after 1 November 2011:  

If your business is in Sydney: 

  • you must have invested at least A$500,000 in your business for at least the last 12 months.  

If your business is in Regional NSW: 

  • you must have invested at least A$300,000 in your business for at least the last 12 months. 

Visit the Home Affairs’ designated regional area postcodes for a list of Regional NSW postcodes. You must live and work within NSW borders. 

Successful business career 

You must provide a full resume of your business career and responsibilities demonstrating a successful business career. If you were not the primary applicant at provisional visa stage, then you must have previously obtained NSW agreement to become the primary applicant for an 892 visa (excludes provisional applicants sponsored before 1 October 2008). 

Business in Regional NSW 

If you were nominated for your provisional visa based on your intention to migrate to Regional NSW, you must demonstrate that your business activity was undertaken in Regional NSW. 

Letter of release 

If you hold a subclass 163 or 164 visa sponsored by a state/territory other than NSW you must obtain a letter of release from that state/territory on Department of Home Affairs Form 949. 

How to apply 

You need to apply for NSW nomination before you can apply to Home Affairs' for this visa. Applying for NSW nomination from involves the following steps: 

Apply for NSW nomination 

Apply to NSW for nomination using our online form.  

See our guide to supporting documents for information about what supporting evidence you need to supply at the time you apply to NSW. 

Pay application fee 

You (or your migration agent) will be emailed a payment link immediately after submitting your online application form. This payment link is valid for 30 minutes only. 

Your application will only be assessed after you completed the application payment. To ensure the timely assessment of your application, you must complete payment within the 30 minute timeframe. 

Application fees if you are applying from: 

  • within Australia: A$1,397 

  • outside Australia: A$1,270 

Application fees are non-refundable. Applications that remain unpaid will be closed by our office. Retain a copy of your receipt as proof of payment.  

Application processing time 

You will receive an outcome, or request for further information, within four weeks of your application payment.  

Next steps 

If your application is approved, you will receive a notification of approval by email with a signed copy of the Department of Home Affairs’ Form 949 – State/Territory sponsorship: Business Skills class. NSW nomination is valid for 90 days.  

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