BD9.15 Excluded business

1. Businesses directly engaged in the following activities are excluded businesses and will not be accepted under Business Investor immigration instructions:
   1. commercial sexual services; or
   2. gambling; or
   3. labour hire; or
   4. manufacturing tobacco or other nicotine-based products (including vaping); or
   5. providing immigration advice; or
   6. the sending of products from a supplier of the business directly to a customer (drop-shipping).
2. For the purposes of (a) above, direct engagement may include, but is not limited to businesses that:
   1. generate revenue directly from the activity; or
   2. have operational control over the activity; or
   3. actively participate in the production, sales or service delivery of the activity.
3. The following business are also excluded businesses and will not be accepted under Business Investor immigration instructions:
   1. businesses offered for sale by or on behalf of a licensed immigration adviser or immigration lawyer who is providing immigration advice to the applicant; or
   2. businesses offered for sale by a person or who is employed (including under a contract for service) by a firm which is providing immigration advice to the applicant.
   3. businesses operating from a residential address; or
   4. convenience stores; or
   5. discount/value stores; or
   6. fast food outlets; or
   7. franchised businesses.
4. Franchised business are businesses that:
   1. purchase the right to use a pre-existing business system mandated by a third party business; and
   2. are substantially or materially associated with a brand, trademark, advertising, marketing channels, or a commercial symbol owned by that third party; and
   3. have that third party controlling certain activities or structures within their business, set out through an agreement, operational guideline or through a terms and conditions document that covers one or all of the following features:
      • continuing financial performance or reporting obligations to that third party;
      • an ongoing obligation to pay that third party any fee, or percentage of profits generated by the business from the ‘rights to use’ detailed in (d)(i) and (d)(ii) above;
      • restrictions, expectations, or control imposed by that third party, over where the business can source goods and services and/or how to set up or run their business;
      • restricted ability to refuse requests by that third party, raise concerns or complaints regarding that third party, and/or lack of ability to easily exit or terminate the agreement.

Effective 24/11/2025