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Neo Phoenix Pty Ltd
Lawyers & Registered Migration Agents

We are experienced Solicitors and Registered Migration Agents with a proven track record. We offer personalised service with a reasonable fee structure.

Check out our latest client testimonials!

Basic Requirements for Business Visas


English Language Requirements

Applicants without sponsorship must have a "vocational" level of English; that is, applicants must be able to communicate in English fluently.

If you are applying for the Business Talent (Migrant) (subclass 132) or a State / Territory Sponsored Business Skills (Provisional) (subclasses 163-165) visa, you do not need to speak English. However, you will be required to pay the second instalment of the visa application charge (English language tuition fee) if you have less than functional English. This will give you access to English classes once you arrive in Australia.

Senior Executive (Provisional) (subclass 161/164) is for senior executive employees of major overseas corporations who have been responsible for strategic policy development affecting a major component or a wide range of operations of that business. Applicants under this subclass must also have significant net assets and a genuine and realistic commitment to participate as a principal in the management of a new or existing business.

Age Requirements

Applicants without sponsorship must under 45 years age before they apply for a Business Skills Visa.

If you are applying for the Business Talent (Migrant) (subclass 132) or a State/Territory Sponsored Business Skills (Provisional) (subclasses 163-165) visa, you must be under 55 years of age at time of application.

If you are 55 years or older, the sponsoring State/Territory government must determine that your proposed business activity will be of exceptional economic benefit to that State or Territory and provide a statement to this effect for you to lodge with your application.

Health Requirements

All Business Skills visa applicants are required to undergo a full migrant medical examination (including HIV testing for all applicants 15 years of age or over).

All applicants who are 11 years of age and over will be required to have a chest x-ray.

You will be responsible for meeting the costs of this health assessment.

Interview Requirement

Most Business Skills applicants will need to attend an interview to discuss business history and business intentions in Australia and any other issues requiring clarification in order to fully asses that the requirements set down for the grant of the Business Visa subclass are met.

The Business Skills Processing Centre or department Business Centre in Australia will contact you to arrange for you to attend an interview at a convenient location after you have submitted your Business Skills visa application.


It is expected by the Australian Government that Business Skills (Provisional) visa holders will:

Establish a new business;


Become an owner or part-owner of an existing business in Australia with a significant level of ownership;


Actively participate in the management of the business;


Having established a successful business as a temporary resident, remain in Australia permanently to continue that business.

Post Arrival Monitoring

The progress of business migrants is monitored after their arrival in Australia.

Where no significant steps have been taken towards engaging in business within the first 3 years of arrival, DIMIA has the power to cancel the right to Australian residence of the business person and his/her family.

All applicants for business-related visas must research the requirements for conducting business in Australia including; a proper legal understanding and implementation of, for instance, the correct business partnership (according to a legal deed) or business/company structure.

MY AUSTRALIAN has an affiliate network which can provide you with financial advice and assistance.

A holder of a Business Talent (Migrant) visa you must provide the department in Australia with a contact address within 28 days of your initial arrival.

You will receive a letter requesting details of your business activity 24 months after your initial arrival in Australia. If you have not made a genuine effort to obtain a substantial interest in an eligible business, within 3 years of your arrival, you may be liable for visa cancellation. As the holder of a Business Skills (Provisional) visa, you will also be required to provide the department in Australia with your contact address within 28 days of your initial arrival.

You will be sent a letter requesting details of your business activity 24 months after your initial arrival in Australia.

Client Testimonials:

Dear Andre, Thank you for sharing this great news, we are thrilled! Thank you for helping us with the process and making it seamless. Your support and advice throughout the process was invaluable. Thank you again. Have a great day. Regards, Kaush

Converting 489 Visa to 887 Visa

We cannot thank Andre and My Australian Visa enough for all the hard work they put in to get the 457 visa. I was on a working holiday visa and running out of time and worried with all the law changes and the caveat that applied to my occupation. But everything worked out well , all thanks to the ...

457 Visa Granted for Cook - Caveat Occupation

In the past 2 years I have been assisted from Andre and his team to make possible the almost impossible - get my permanent residency through the Skilled Nominated 190 Visa! This was not an easy task,but thanks to My Australian Visa's professional advises, I have been able to find the right path and ...

Skilled Nominated Subclass 190 Visa

We have used the legal services of Andre at My Australian Visa to help us through the visa processes 3 times now. The first time was when I was sponsored by my employer for a 457 Visa. Then as I married an Australian I was unaware of the processes to get a partner visa in Australia. Andre helped us ...

Thanks to Andre and the team from MyAustralianVisa my girlfriend and I are lucky to call ourselves Permanent Residents of Australia! Andre started to assist us back in 2013 with the Sponsorship visa and we just received our employer sponsored permanent residency visa. They were always great to deal ...

Thi and I would love to say thank you to you and My Australian Visa team for looking after our case. We are very excited after our 457 visas are granted. I had been searching for consultation in many different migration lawyers and agents. However, after the very first appointment with My Australian ...

Subclass 457 Visa granted post July 1st 2017

Dear Andre, I am so excited for the news that my Partner Visa is granted. I apologise for taking so long but it has been a very busy period for Matt and I and once more I thank you for the great job and the patience you showed. We wish you all the best and we will keep in touch for the second step ...

Gloria - Partner 820 Subclass Visa - De Facto Relationship

I sought the help of Andre and the awesome team at MY AUSTRALIAN VISA for my permanent residency application in October 2016. Upon taking my case Andre advised me to choose the employer nomination scheme ENS (subclass 186) visa as I was on a 457 visa as a metal fabricator. My employer agreed to go ...

Rajesh - Employer Sponsored Permanent Residency - ENS Subclass 186 Visa - TRT Stream

Andre Congiu has assisted us with our 457 visa application which has been granted at the first time. He is a really professional lawyer who does explain in detail everything and really wants to make sure you are choosing the best visa based on your circumstances and goals. I am very happy to refer ...

Terence - Temporary Work (Skilled) Subclass 457 Visa

Thanks to Andre, always available, reliable and happy to explain all the circumstances, I have finally got my Australian Permanent Resident Visa. He has started to assist me since 2013 when I applied and successfully got the sponsorship (457Visa) with the business that I'm working for. That day when ...

Mauro - 457 Visa and ENS 186 Visa