If you hold a Subclass 132 (Business Talent – Permanent) visa, you’re likely aware that after arriving in Australia, your business activities will be monitored by the Department of Home Affairs. This monitoring process involves completing a Business Monitoring Survey (including Form 1010) to demonstrate that you’ve met the requirements of your visa. But what happens when the Department doesn’t respond after you’ve submitted everything?
What Is the 132 Visa Monitoring Process?
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The Subclass 132 visa is a permanent visa for business owners and entrepreneurs. Unlike most permanent visas, the 132 comes with a monitoring period during which the Department checks that the visa holder has established or participated in the management of a business in Australia as promised in their business plan.
The monitoring process typically involves:
- Receiving a Business Monitoring Survey Request from the Department
- Completing Form 1010 with details about your business activities
- Providing supporting documentation such as financial statements, employment records, and evidence of business operations
The 3-Year Cancellation Window
One of the most important things to understand about the 132 visa is the cancellation provisions under Section 134 of the Migration Act. Generally, a 132 visa cannot be cancelled on business-related grounds after 3 years from the visa holder’s first arrival in Australia. This 3-year window is significant because it means that once it passes, the Department’s ability to cancel the visa for not meeting business requirements is substantially limited.
What If the Department Doesn’t Respond?
A common frustration among 132 visa holders is submitting all required monitoring materials and then hearing nothing back from the Department — sometimes for over a year. This silence can leave visa holders feeling exposed and uncertain about their status.
Migration professionals suggest the following approach if you’re in this situation:
- Follow up in writing: Send a formal follow-up to the Department referencing your original submission and requesting confirmation that the monitoring review has been completed satisfactorily.
- Reference the 3-year provision: If more than 3 years have passed since your first arrival, you can note that the cancellation window under Section 134 has passed.
- Keep all records: Maintain copies of everything you’ve submitted, including dates and any correspondence with the Department.
- Consider an FOI request: If you want to know what’s on your file, you can submit a Freedom of Information (FOI) request to the Department to obtain your complete visa file.
Can the Visa Still Be Cancelled?
While the 3-year limitation on business-related cancellation provides some protection, it’s important to note that visas can still be cancelled on other grounds (such as character grounds or providing false information). The monitoring process is specifically about whether you’ve met the business requirements of the visa.
Planning Ahead
If you’re a 132 visa holder approaching or past the monitoring stage, it’s important to ensure all your documentation is in order. Even if you believe the monitoring period has effectively ended, having clear records of your business activities and compliance will be valuable for any future immigration matters, including citizenship applications.
If you’re unsure about where you stand with your 132 visa monitoring or need help preparing your response, our team can guide you through the process.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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