FAQs

1. Do I need a provisional Business Skills visa before I can get a permanent residence business skills visa?

If you applying as a Business Owner, Senior Executive or Investor you will initially enter Australia on a provisional visa, which is valid for four years. The Department of Immigration has set specified levels of business or investment activity which need to be met before you are eligible to apply for permanent residence. The Business Skills program is structured in this way to ensure the development and management of genuine business activity and investment in Australia.

The exception to this is the Business Talent visa which allows high calibre business people to obtain permanent residence, without the need to first apply for a provisional visa. In order to qualify for the Business Talent visa applicants must meet a number of requirements including significant business experience and ownership of significant assets as well as sponsorship by an Australian state or territory government agency      

2. How does State Sponsorship work?

When making an application for a Business Owner, Senior Executive or Investor visa there is an option to apply either independently or sponsored by an Australian state or territory. Sponsorship by a state or territory is a popular choice as the criteria are generally easier to satisfy than independent applications. As an example we have set out the difference in the age criteria for the two visas below:

In order to obtain state sponsorship an application along with a detailed business plan need to be lodged with the relevant State or Territory authority. These authorities have their own criteria for deciding who they will sponsor. Hamilton Watts is experienced in working with State and Territory authorities on these matters and will manage this part of the application process for you.

3. Can my family accompany me to Australia?

Your spouse, dependent children, and other dependent relatives who are living with you, are able to accompany you to Australia on both provisional and permanent residence Business Skills visas.
 
4. What benefits does an Australian permanent resident visa entitle me to?

The most notable benefit of becoming an Australian permanent resident is the ability to reside indefinitely in Australia. Further benefits of permanent resident status include:

• No restrictions on employment in Australia;
• Access to subsidized or free education. Including the right to apply for a Commonwealth supported place at higher education institutions;
• The right to access medical and social security benefits. Please note that a 2-year waiting period applies for some social security benefits;
• The right to sponsor relatives for particular temporary and permanent residence visas;
• The right to apply for Australian citizenship.

Please note: The permanent resident visa gives the visa holder the right to reside in Australia permanently. It also gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date the visa is granted. Once this re-entry facility expires, if the holder wishes to continue to travel to and from Australia as a permanent resident, they must obtain a Resident Return Visa (RRV) or become an Australian citizen.

5. Can Hamilton Watts assist with obtaining Return Resident Visas and Citizenship in Australia?

Hamilton Watts is able to assist with return resident visa applications and citizenship.

6. What benefits does Australian citizenship entitle me to?

The primary benefits of Australian citizenship are as follows:

• The right to vote in federal and state or territory elections, and in a referendum;
• The right to work for the Australian Public Service or in the Australian Defence Force;
• The right to apply for an Australian passport and re-enter Australia freely;
• The right to register children born overseas as Australian citizens by descent.

7. How can I be sure about business confidentiality and professional conduct?   

Hamilton Watts Migration Services employs Consultants who are Registered Migration Agents with the Migration Agents Registration Authority (MARA). Registration is required annually and in order to re-register, Consultants must undertake continuing professional development including attendance at courses approved by the MARA and the Department of Immigration in accordance with Australian Migration Law.

Migration Agents are bound by a Code of Conduct which must be displayed in our place of work and which is available online at the MARA website at: https://www.mara.gov.au/Code-of-Conduct/Code-of-Conduct/default.aspx.

Hamilton Watts represents clients across broad industry sectors. Indeed, many of our clients are competitors domestically and internationally. We maintain strict confidentiality with all our clients and their business planning to the extent that only information necessary for the visa application process is provided to Australian Government authorities. We have no other purpose or obligation to disclose corporate client or employee information.

8. Under what circumstances would Hamilton Watts provide a refund?

Hamilton Watts operates on a fee for service basis (not on fee for result terms). This means that our invoice covers professional fees for work done on various immigration services. There may be some circumstances where the refund of a fee might be necessary, for example if work has not substantially started and the case does not proceed. This can be discussed with your HWIMS Consultant.