Dear Paul

We would like to get clarification on "Qualifying Business“ for the purpose of lodging a subclass 888A under Business Innovation from your department.

qualifying business means an enterprise that:

(a)  is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and

(b)  is not operated primarily or substantially for the purpose of speculative or passive investment.

Some migration agents in Melbourne have been telling clients that a Milk Bar won't be a qualifying business. I thought the regulation didn't specify certain type of business won't meet the above mentioned definition as long as the the business meets the definition as well as other requirements e.g. ownership, turnover and the client has been managing the qualifying business etc.

I would appreciate if you could confirm either I am on the right or wrong track.

Regards

Dear Ms XIE

Thank you for your email. Please note that if an applicant’s business must meet the requirements of the Regulations. There is not a list of acceptable businesses. If a business such as a milk bar meets the definition/s, then it can be a qualifying business.