The Australian Government offers a 2 stage process for Senior Executives to gain Permanent Residence in Australia. Stage 1 is a four year business visa. At stage 2 you have a number of options, listed below.

Stage 1: Temporary Senior Executive Visa

How Do I Prove I am a Senior Executive?

The 'top 3 levels' only refers to active management. A corporate structure diagram is the Australian Government's normal means of determining a manager’s position in the company hierarchy. As a general guide, persons described in the prospectus, annual report, etc as Chief Executive, Group/Chief Manager, General Manager of a division/State/region, Owner/manager, or Senior functional manager are likely to be responsible for 'strategic policy development'. You must have been responsible for strategic policy development affecting a major component or a wide range of operations of that major business. To be regarded as "responsible" for those important aspects of the business you must make decisions affecting areas such as (but not necessarily limited to):

• Profits;
• Production activities;
• Significant expenditure; and
• Major staffing issues.

The Australian Government believes that ‘strategic policy development’ would be carried out:

• Only in the headquarters or general coordinating center for a country or region (if the business operates many small branches, eg a large bank); OR
• Only in a headquarters, regional center or other general coordinating center of the business responsible for determining policy.

The Australian Government believes that a person responsible for these aspects of a business would be able to demonstrate several of the following attributes:

• A remuneration package in the top 5% of salary earners in the country where the business is operating;
• A direct line of communication to the chief executive and/or board of directors of the business;
• Your current range of responsibilities includes management responsibility over other specialist or functional managers;
• Affiliations with professional management associations that are equivalent to a Fellow of the Australian Institute of Management;
• Peer and marketplace recognition of your status and reputation (eg by recognition in industry publications);
• Evidence that you are highly valued by your organization (are you a beneficiary of company profit-sharing schemes? Are you the subject of "key person" insurance? Were you "headhunted" by the organization?).

Senior Executive (no sponsorship)

To apply on your own merit, you must also meet these requirements:

• English - Vocational English required
• Age - Under 45
• Senior Executive experience - ‘Big business’ employer: employer turnover AUD50,000,000
• TotalAssets - AUD500,000, lawfully acquired & available to invest in Australia in 2 years.
• Other money - AUD50,000 for settlement and living costs

Sponsored Senior Executive

To apply with a State/Territory Government sponsorship, you must also meet these requirements:

• English - not required
• Age - Under 55 (exceptions can be made)
• Senior Executive experience - ‘Big business’ employer: employer turnover AUD10,000,000
• TotalAssets - AUD250,000, lawfully acquired & available to invest in Australia in 2 years.
• Other money - AUD50,000 for settlement and living costs

Stage 2 - Permanent Residence

Senior Executives may apply for Permanent Residence in a number of ways, including:

• Employer Sponsored migration
• Business Owner (of a business in Australia)

We can give you information on the Permanent Residence option which suits your case best.

If you think you may qualify please complete our FREE Business Case Assessment.

This is a summary of the Rules and is not a substitute for legal advice on your case. We would be very pleased to consult with you regarding your case and advise you about your opportunities.