Frequently asked questions

No. The person applying for the 491 SBO pathway must be operating the business full-time.

No. The 491 SBO pathway is available to onshore applicants only, living and operating a business in regional Queensland.

No. You must meet all program requirements before you submit your EOI and 491 SBO Registration of Interest.

No. Changing the existing business type or location does not meet the requirement for Pathway 1 Business Purchase. You must operate the same business in the same location to be eligible.

You must list running your business as employment on your EOI in SkillSelect. Only declare this work as related to your nominated occupation if it is closely related. Incorrectly claiming points on your EOI may lead to the Department of Home Affairs rejecting your visa application.

For example, an Electrical Engineer running a café should not claim the work as related to their nominated occupation. However, a Café or Restaurant Manager could claim running a café as being related.

No. You must have 100% ownership of the business. Partial ownership of the business does not meet the program requirements.

Yes. Migration Queensland will allow a married or de facto couple to own and operate the business together, with both names appearing on the business registration documents. A married or de facto couple is defined by the Migration Regulations 1994 Regulation 1.09A De fact partner and Regulation 1.15A Spouse.  

The primary applicant for the 491 SBO application must be operating the business full-time.

Yes. Newly created businesses are eligible for the 491 SBO Pathway 2. 

To meet requirements, you need to have continuously operated your business for a minimum of two years. The business must also be generating a profit and have a turnover of a minimum of AUD 200,000 in the 12 months prior to applying.

For Pathway 1 (Business purchase)

Yes, you must employ at least one Australian resident, working at least 20 hours per week (or two Australian residents working a minimum of 10 hours each per week), at time of invitation. This cannot be a family member or a subcontractor. 

Note: An Australian resident in this situation is an Australian permanent resident, Australian citizen, or a New Zealand citizen residing in Australia on a Special Category visa (subclass 444). 
 
For Pathway 2 (Start-ups)

No, under this pathway you do not need to employ anyone in your business.

No. Your business does not need to be related to your nominated occupation.

Submit an Expression of Interest (EOI) in SkillSelect and then complete the Registration of Interest (ROI) for 491 Small Business Owners.

No. Businesses used for the 491 SBO pathway must be operating or trading full-time. Part-time and casual businesses do not meet the program requirements.

No.  Home-based businesses do not meet the SBO program requirements. Purchasing an existing business, then re-locating it, does not meet the criteria for Pathway 1 Business Purchase.  Purchasing an existing business and modifying it does not meet the requirement for Pathway 2 Start-up businesses.

Start-up businesses (Pathway 2) in any Queensland regional postcode location are eligible for the 491 SBO pathway. The postcode changes from 1 September 2024 only apply to the purchase of an existing business (Pathway 1).

No. For businesses purchased after 1 September 2024, you must live in and operate the business in an eligible postcode. Gympie is an eligible postcode, but Noosa is not.

If you signed your contract of business purchase before 1 September 2024, then the full list of 491 regional postcodes is eligible.

From 1 September 2024, the business must be located in the new Pathway 1 eligible postcode list.

Yes. The new requirement to submit your 491 SBO application within 18 months of owning your business (Pathway 1) applies to all existing purchased businesses, regardless of when you purchased your business. To help business owners, Migration Queensland will allow older businesses (those purchased before 1 July 2024) to apply for the 491 SBO pathway until 31 December 2025.

No. If you are purchasing an existing business, you must demonstrate that the business has operated in its current location for at least two years, up to business purchase. A business that has been operating for less than two years will not meet this requirement.

It is the responsibility of the applicant to demonstrate the purchased business has operated in its existing location for at least two years, up until business purchase. This should be demonstrated by providing 8 quarterly BAS statements up to business purchase. If you genuinely cannot provide 8 BAS statements, Migration Queensland will consider alternate evidence which clearly demonstrates the business existed in the current location for at least two years.

No. A start-up business must be an entirely new business you have created. You cannot purchase an existing business and modify it. You cannot use an existing registered business, even if it has not previously been in operation.

Existing businesses purchased after 1 September 2024 (date of contract) must be in one of the following eligible postcodes: 4370-4390, 4400-4428, 4454-4498, 4570–4571, 4580–4895.

Start-up businesses, and existing businesses purchased before 1 September 2024, must be in one of the following eligible postcodes: 4019–4022, 4025, 4037, 4074, 4076–4078, 4124–4125, 4133, 4183–4184, 4207–4275, 4280–4287, 4300–4301, 4303–4498, 4500–4512, 4514–4519, 4521, 4550–4575, 4580–4895.

The business must be a pre-existing business or franchise in a regional area. The franchise must have been operating for at least two years prior to purchase under the 491 SBO pathway. For franchises, an applicant must be a direct franchisee (i.e. not able to sub-lease from an existing franchisee). 

Make sure you contact the Master Franchisor prior to purchasing the franchise, as some franchise business will not sell to temporary visa holders.

To satisfy the evidence of operating your business for at least 6 months, you must supply two quarterly BAS statements showing the business operating. You must have been operating the business for the full period of the quarterly BAS statement. If you started operating the business in February, then the April-June quarterly statement will be your first eligible BAS statement.

Applicants for state nominated visas must meet both the Department of Home Affairs criteria and any additional criteria set by the nominating state. Invitation and nomination are granted at the discretion of the State of Queensland.

Migration Queensland’s 491 SBO application processing time is approximately 4–6 weeks from receipt of a completed application and processing fee. It may take longer if clear evidence of meeting program requirements is not provided. 

Applicants who apply for the 491 Small Business Owner (SBO) pathway with Migration Queensland sign a declaration under (item 7(b)) to: ‘operate a business and reside in Queensland for at least three years from visa grant’.  

Should an applicant choose to sell their SBO business prior to this time, Migration Queensland may choose to withdraw their nomination to allow them to explore other visa options.  

Applicants need to be aware of this condition prior to committing to this visa pathway.

You need to have a positive skills assessment for an occupation on the Department of Home Affairs LIN 19/051.

From 1 September 2024, Migration Queensland is focusing on investment opportunities in regional areas outside of South East Queensland (see the list of eligible postcodes for Pathway 1).