澳洲商业移民新政解析

2010年5月11日 作者:Melody M

澳洲政府宣布了商业移民新政策,由于对申请人的营业额、股份、家庭净资产额要求均有大幅度的上涨

4月19日新政的主要内容

此次新政的变化主要体现在以下三个方面:
1.163B企业高管类别取消。
2.家庭净资产额由25万澳币上涨至50万澳币。
3.对申请人的股份比例要求提高。公司年营业额在30—40万澳币的,要求拥有股份达到51%;营业额超过40万澳币的,股份必须达到 30%;如公司是上市公司,申请人股份必须达到10%。
4. 影响签证类别包括160, 163, 845, 846, 890 ,892
5.已经拿到163签证在准备第二步签证的申请人则不受影响。 

以下是英文原文:

1 Removal of the right of a senior manager to apply for a Subclass 163 visa.
2 Increasing the minimum net assets requirements to $800,000.00 for Subclass 160 and 161 visas and to $500,000.00 for Subclass 163 and 164 visas.
3 Changing the definition of main business in Regulation 1.11 of the Migration Regulations.       This definition applies to Subclass 160, 163, 845, 846, 890 and 892 visas.

Below is an extract from the Explanatory Memorandum on this amendment.

Regulation 1.11 currently provides, among other things, that for the purposes of the Principal Regulations that a business is a “main business” in relation to an applicant for a visa if the applicant has, or has had, an ownership interest in the business of a value of at least 10 percent of the total value of the business.
Substituted paragraph 1.11(1)(c) provides that, for the purposes of the Principal Regulations, a business is a “main business” in relation to an applicant for a visa if, among other things, the value of the applicant’s ownership interest, or the total value of the ownership interests of the applicant and the applicant’s spouse or de facto partner, in the business is or was:
•        if the business is operated by a publicly listed company – at least 10 percent of the total value of the business; or
•        if the business is not operated by a publicly listed company; and the annual turnover of the business is at least AUD400 000 – at least 30 percent of the total value of the business; or
•        if the business is not operated by a publicly listed company; and the annual turnover of the business is less than AUD400 000 – at least 51 percent of the total value of the business.
The purpose of the amendment is to ensure that where the business is not operated by a publicly listed company, the applicant must own a substantial or controlling interest in a business.  The increase in certain ownership percentages is to limit applicants from passively investing in businesses or swapping ownership with other business migrants for visa purposes.  This aims to improve the integrity of the business skills visa program.  The ownership percentages developed in consultation with the state and territory governments that sponsor the majority of applicants.  

The transitional provisions are summarised in the extract below from the Explanatory Memorandum (emphasis added).

Subregulation 3(2) provides that subject to subregulation 3(3), the amendments made by Schedule 1 apply in relation to an application for a visa made on or after the day on which the Regulations commence.

Subregulation 3(3) provides that the amendment made by item [1] of Schedule 1 does not apply in relation to an application for a visa if:
•        the applicant applies for:
o       a Business Skills –  Established Business (Residence) (Class BH) visa; or
o       a Business Skills (Residence) (Class DF) visa, on the basis of seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa or a Subclass 892 (State/Territory Sponsored Business Owner) visa; and
•        the applicant held a temporary visa immediately before the commencement of these Regulations; and
•        the applicant purchased an ownership interest (within the meaning of the Migration Regulations 1994) in a business in Australia:
o       before the commencement of these Regulations; and
o       while the applicant held the temporary visa.

This subregulation ensures that applicants who hold a temporary visa that provides a pathway to the Business Skills –  Established Business (Residence) (Class BH) visa, the Subclass 890 (Business Owner) or the Subclass 892 (State/Territory Sponsored Business Owner) visa are not adversely affected by the amendment made by item [1] of Schedule 1 below.  The provision ensures that the current business ownership value of 10 percent will continue to apply to temporary visa holders who have already purchased an ownership interest in a business as the holder of the temporary visa and then seek to satisfy the criteria for a permanent business skills visa, regardless of whether the business is operated by a publicly listed company.

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