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How long do I need to stay in the Australian state where my business is located to maintain my eligibility for the 132a visa?

Can I hire a local manager to help me with the operation of my business in Australia, while I only stay in Australia for a couple of months every year? I still need to spend time in my home country to supervise my business there.


Answers
  • Australian Visa Options
    December 16, 2019

    There is a monitoring period of two years after the 132 visa is granted. Yes, you can go overseas and oversee your offshore business interests but you must be managing your Australian business on a daily basis. This can be evidenced by your involvement in decision making either by video conferencing, emails or other contact with your onshore manager.

  • ANZ Migrate
    November 21, 2020

    There is a monitoring period of three years, not two years as many applicants believe. This confusion arises because there is an audit after two years, but the cancellation provisions require the applicant to maintain substantial ownership interest and day to day management responsibilities for a three year period. You can remain overseas but you must maintain day to day management control of the business making decisions that affect the direction and strategic management of the business. Generally I recommend a daily conference call with the team in the business in Australia, with minutes and records maintained of the call, matters discussed and decisions made. You should also exercise as much control as you can while overseas, for example negotiations with vendors/suppliers, major customers, banks etc.

  • ANZ Migrate
    November 21, 2020

    Please note that this question is old and the answer is incorrect. It states 2 years, but it should be 3 years. For this reason, I am supplying the correct answer as explained below. It's really important visa applicants have the correct information.