Section 1 - Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021 - Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021

1Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021

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Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021

made under subregulation 2.07(5) of the

Migration Regulations 1994

Compilation No. 1

Compilation date: 06 December 2024

Includes amendments: Migration (Arrangements for certain business skills visas) Amendment (LIN 24/078) Instrument 2024 [F2024L01417]

About this compilation

This compilation

This is a compilation of the Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021 that shows the text of the law as amended and in force on 06/12/2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

This instrument is the Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021.

3 Definitions

In this instrument:

authorising email means an email sent by an officer of the Department, authorising an applicant to make an application using an alternative form, in an alternative place or in an alternative manner.

Department means the Department of Home Affairs.

Item	Item of Regulations, Schedule 1	Visa class and subclass	Approved form	Manner and place
1	1104AA	Business Skills Business Talent (Permanent) (Class EA)Subclass 132 (Business Talent) visa	Form 1396 (Internet)	As an internet application
2	1104BA	Business Skills (Permanent) (Class EC)Subclass 888 (Business Innovation and Investment Provisional)	Form 1398 (Internet)	As an internet application
3	1202B	Business Skills (Provisional) (Class EB)Subclass 188 (Business Innovation and Investment (Provisional)	Form 1397 (Internet)	As an internet application
4	1104B	Business Skills (Residence) (Class DF)Subclass 890 (Business Owner)Subclass 891 (Investor)Subclass 892 (State/Territory Sponsored Business Owner)Subclass 893 (State/Territory Sponsored Investor)	(a) for applicant seeking to satisfy the criteria for the grant of a Subclass 890 (Business Owner) visa—Form 47BU and Form 1217; or(b) for applicant seeking to satisfy the criteria for the grant of a Subclass 891 (Investor) visa—Form 47BU; or(c) for applicant seeking to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa—Form 47BU, Form 1217 and Form 949; or(d) For applicant seeking to satisfy the criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa—Form 47BU and Form 949	Application must be made by:(a) post, with correct prepaid postage to:Adelaide Business Skills Processing Centre,Department of Home Affairs,GPO Box 2399, Adelaide SA 5001, Australia; or(b) courier service delivery to:Adelaide Business Skills Processing Centre,Department of Home Affairs,Level 4, 70 Franklin Street,Adelaide SA 5000, Australia
5	1113	National Innovation (Class BX)Subclass 858 (National Innovation)	Form 47NI (Internet); orif authorised in an authorising email—Form 47NI	Application must be made:(a) if using Form 47NI (Internet), as an internet application; or(b) if using Form 47NI:(i) by email to the official email address of the Department specified in the authorising email; and(ii) before the end of the period stated in the authorising email.
6	1202A	Business Skills (Provisional) (Class UR)Subclass 160 (Business Owner (Provisional))Subclass 161 (Senior Executive (Provisional))Subclass 162 (Investor (Provisional))Subclass 163 (State/Territory Sponsored Business Owner (Provisional))Subclass 164 (State/Territory Sponsored Senior Executive (Provisional))Subclass 165 (State/Territory Sponsored Investor (Provisional))	Form 47BT and 1 of the following:(a) Form 1136;(b) Form 1137;(c) Form 1139	Application must be made:(a) if the applicant’s residential address, provided to the Department using Form 47BT, is in Taiwan or the People’s Republic of China (including Hong Kong and Macau)—by courier service delivery to:Australian Consulate General,24th Floor, Harbour Centre,25 Harbour Road,Wanchai,Hong Kong; or(b) in any other case:(i) by post, with correct prepaid postage to:Adelaide Business Skills Processing Centre,Department of Home Affairs,GPO Box 2399Adelaide SA 5001Australia; or(ii) by courier service delivery to:Adelaide Business Skills Processing Centre,Department of Home Affairs,Level 4, 70 Franklin Street,Adelaide SA 5000,Australia

Item

Item of Regulations, Schedule 1

Visa class and subclass

Approved form

Manner and place

1104AA

Business Skills Business Talent (Permanent) (Class EA)Subclass 132 (Business Talent) visa

Form 1396 (Internet)

As an internet application

1104BA

Business Skills (Permanent) (Class EC)Subclass 888 (Business Innovation and Investment Provisional)

Form 1398 (Internet)

As an internet application

1202B

Business Skills (Provisional) (Class EB)Subclass 188 (Business Innovation and Investment (Provisional)

Form 1397 (Internet)

As an internet application

1104B

Business Skills (Residence) (Class DF)Subclass 890 (Business Owner)Subclass 891 (Investor)Subclass 892 (State/Territory Sponsored Business Owner)Subclass 893 (State/Territory Sponsored Investor)

(a) for applicant seeking to satisfy the criteria for the grant of a Subclass 890 (Business Owner) visa—Form 47BU and Form 1217; or(b) for applicant seeking to satisfy the criteria for the grant of a Subclass 891 (Investor) visa—Form 47BU; or(c) for applicant seeking to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa—Form 47BU, Form 1217 and Form 949; or(d) For applicant seeking to satisfy the criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa—Form 47BU and Form 949

Application must be made by:(a) post, with correct prepaid postage to:Adelaide Business Skills Processing Centre,Department of Home Affairs,GPO Box 2399, Adelaide SA 5001, Australia; or(b) courier service delivery to:Adelaide Business Skills Processing Centre,Department of Home Affairs,Level 4, 70 Franklin Street,Adelaide SA 5000, Australia

1113

National Innovation (Class BX)Subclass 858 (National Innovation)

Form 47NI (Internet); orif authorised in an authorising email—Form 47NI

Application must be made:(a) if using Form 47NI (Internet), as an internet application; or(b) if using Form 47NI:(i) by email to the official email address of the Department specified in the authorising email; and(ii) before the end of the period stated in the authorising email.

1202A

Business Skills (Provisional) (Class UR)Subclass 160 (Business Owner (Provisional))Subclass 161 (Senior Executive (Provisional))Subclass 162 (Investor (Provisional))Subclass 163 (State/Territory Sponsored Business Owner (Provisional))Subclass 164 (State/Territory Sponsored Senior Executive (Provisional))Subclass 165 (State/Territory Sponsored Investor (Provisional))

Form 47BT and 1 of the following:(a) Form 1136;(b) Form 1137;(c) Form 1139

Application must be made:(a) if the applicant’s residential address, provided to the Department using Form 47BT, is in Taiwan or the People’s Republic of China (including Hong Kong and Macau)—by courier service delivery to:Australian Consulate General,24th Floor, Harbour Centre,25 Harbour Road,Wanchai,Hong Kong; or(b) in any other case:(i) by post, with correct prepaid postage to:Adelaide Business Skills Processing Centre,Department of Home Affairs,GPO Box 2399Adelaide SA 5001Australia; or(ii) by courier service delivery to:Adelaide Business Skills Processing Centre,Department of Home Affairs,Level 4, 70 Franklin Street,Adelaide SA 5000,Australia

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced
Ord = Ordinance

Provision affected	How affected
section 2..............	rep. Legislation Act 2003, s. 48D (auto repeal of commencement provision)
section 5..............	rep. Legislation Act 2003, s. 48C (auto repeal of repeal provision)
Schedule 1 (table item 5)..	rs. (F2024L01417)

Name	Registration	Commencement	Application, saving and transitional provisions
Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021	01 March 2021(F2021L00171)	02 March 2021	-
Migration (Arrangements for certain business skills visas) Amendment (LIN 24/078) Instrument 2024	05 December 2024(F2024L01417)	06 December 2024	-