Frequently asked questions (FAQs) - 491 Small Business Owners (SBO) pathway

No. The 491 Small Business Owners pathway is only available to applicants who are living and operating a business in regional Queensland.

No. To be eligible for the 491 Small Business Owners pathway, you cannot co-own the business with another person unless they are your spouse or de facto partner. 

Definitions of spouse and de facto partner are based on the Migration Regulations 1994, Regulation 1.15A Spouse and Regulation 1.09A De facto partner.

No. To be eligible for the 491 Small Business Owners pathway, you must be actively involved in operating the business on a full-time basis. While your spouse or de facto partner may jointly own and help operate the business, you cannot rely on them to run the business on your behalf.

Yes. As an applicant under the 491 Small Business Owners pathway, you can jointly own and operate the business with your spouse or de facto partner, provided both names are listed on the business registration documents.  

Definitions of spouse and de facto partner are based on the Migration Regulations 1994, Regulation 1.15A Spouse and  Regulation 1.09A De facto partner.

Whether you can claim work experience points in your EOI for running your business under the 491 Small Business Owners pathway depends on your nominated occupation. 

You must list running your business as your current employment in your EOI. You should only claim this employment as related to your nominated occupation where the work performed is related, or closely related, to that occupation. 

For example, an applicant whose nominated occupation is Electrical Engineer and who operates a café business should not claim this employment as related to their nominated occupation. However, an applicant whose nominated occupation is Café or Restaurant Manager may be able to do so. 

Incorrectly claiming points in your EOI may result in the Department of Home Affairs refusing your visa application.

Yes. To be eligible for the 491 Small Business Owners pathway, you must have been living and working in a regional Queensland postcode for the two years immediately before submitting your ROI. If you were studying during this period, your studies must also have been undertaken in a regional Queensland postcode.

No, under the Pathway 2 Business start-up you do not need to demonstrate you have employees in your business.

No. Your business does not need to be related to your nominated occupation. However, to be eligible for the 491 Small Business Owners pathway, your nominated occupation must be on Instrument 19/051- Migration (LIN 19/051: Specification of Occupations and Relevant Assessing Authorities) Instrument 2019 - Federal Register of Legislation.

No. Purchasing an existing business and modifying it does not meet the requirement for Pathway 2 Business start-up.

Yes. However, you must have been operating your business from a commercial location in the 6 months prior to submitting your ROI.

No. For the Pathway 2 Business start-up, the business must be an entirely new business that you have established. Purchasing an existing business and changing its operations or activities does not meet these requirements. Existing registered businesses, including companies that have never traded or operated, are also not eligible.

Yes. You may establish your business while still studying, provided you started the business before 19 September 2025. However, you must operate the business on a full-time basis (at least 20 hours per week) for at least 6 months after completing your studies.

Migration Queensland generally processes 491 Small Business Owners applications within 4 to 6 weeks of receiving a complete application and the application fee. Applications may take longer to process if additional information or supporting evidence is required.