Business Owner (Subclass 890) or Business Owner Class DF Subclass 890 visa: Who can apply
The Business Owner (Subclass 890) visa is for people granted certain visa subclass regardless of their age to own and manage their own business.
Business Owner (Subclass 890) visa allows them to continue to own and operate their business and to live permanently in Australia.
To be eligible for the Business Owner (Subclass 890) visa, you must hold 1 of the following provisional or temporary visas:
- Subclass 160 – Business Owner; or
- Subclass 161 – Senior Executive; or
- Subclass 162 – Investor; or
- Subclass 163 – State/Territory Sponsored Business Owner; or
- Subclass 164 – State/Territory Sponsored Senior Executive; or
- Subclass 165 – State/Territory Sponsored Investor.
You should note that the above visas are now closed to new applicants. If you are interested in applying for a Business or Investment visa, click here for 188A visa or 188B visa or 188C visa or 188E visa or 188PIV visa.
When apply for the Business Owner (Subclass 890) visa, you will be required to show you have ownership interest in at least 1 main business throughout the 24 months period before you lodge your visa application.
The business can be an existing business in which you are an owner or part-owner, or a newly established business.
The 24 months of business ownership can be satisfied through consecutive ownership of more than 1 businesses if the main business was not owned for the full 24 months. For example, you may have owned “Biz X” for 20 months and “Biz ABC” for 4 months. In addition, the Department of Immigration (Department of Home Affairs) may use its discretion where there is a very short break between 1 business winding up and a new business is established.
Your ownership in the main business must be:
- 51% if the business annual turnover is less than $400,000; or
- 30% if the business annual turnover is at least $400,000; or
- 10% if the business is a public listed company.
In addition to the above requirements for the Business Owner (Subclass 890) visa, you must also maintain direct and continuous involvement in the daily management of the main business. You must also be making decisions that affect the overall direction and performance of the business.
Spending time away
You should not spend more than 6 weeks away from your main business during the last 2 years. If you do, you will be required to explain how you managed your business while you are outside of Australia.
Before applying for the Business Owner (Subclass 890) visa, you must have been in Australia for at least 1 year in the 2 years before lodging your visa application. The 1 year period does not have to be continuous.
To be eligible for the Business Owner (Subclass 890) visa, you and/or your partner (spouse or de facto partner) must also be able to satisfy the 12 months before applying requirements:
- having net business assets of at least $100,000 which is lawfully acquired;
- having an annual business (can be 2 main businesses) turnover of at least $300,000 ;
- employed at least (not including yourself or members of your family) 2 full-time or equivalent part-time Australian citizens or permanent residents or NZ passport holders employees;
- having a net value, combining your business and personal assets, of at least $250,000.
Including family members
You and members of your family can make a combined application for the Business Owner Subclass 890 visa. However, you have already been granted the visa, members of your family cannot be added. But you can sponsor them for other permanent visas.
You must be in Australia when the Department of Immigration grant you the visa. However, members of your family can be in or outside Australia when their visas are granted.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you apply for this visa (click here to find out how an immigration lawyer or registered migration agent can help you) or click here to learn more. You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter