Business and Investment Visas
Business and Investment visas are among the most complex in the Australian Migration program. A great deal of care must be taken to ensure that not only can the legal and policy criteria be met but also prudent planning and strategy in this area is an absolute necessity.
Ordinarily, third parties are often necessary, such as accountants, tax experts, business lawyers and consultants to assist with meeting the various legal and policy requirements.
We can assist with managing all aspects of the immigration process including liaising with our third-party partners should they be required given your circumstances.
There are two main categories of Business and Investment visas that are further broken down further into different pathways. They are as follows:
- Subclass 132 business talent visa – a permanent residence visa.
- Subclass 188 Business Innovation and Investment visa – Initially this is a temporary visa where an applicant seeking permanent residency would then go on to apply for the permanent 888 Business Innovation and Investment visa.
Subclass 132 – business talent visa
This is a permanent visa that requires the applicant to be Nominated by a state government, make an expression of interest with the department of Immigration and then you must receive an invitation to apply before lodging your application.
This visa has two different pathways, as follows;
Significant Business History stream
Applicants must demonstrate the following:
- a successful business career
- genuinely desire to own and manage a business in Australia
- attained a net value of at least $1.5 million (lawfully)
- a business turnover of at least $3 million for at least 2 of the 4 fiscal years immediately before you are invited to apply
- net assets of at least $400,000 as an ownership interest in one or more qualifying businesses for at least 2 of the last 4 fiscal years immediately before being invited to apply by the department
Venture Capital Entrepreneur stream
Applicants must demonstrate the following:
a realistic and genuine commitment to maintain a continuous involvement in the day-to-day management of an eligible Australian business
- maintain a substantial ownership interest in that business/ investment
- obtained venture capital from a member of the Australian Investment Council (AIC)
Both streams require applicants; to be less than 55 years of age (unless your business is of exceptional economic benefit), meet the English language requirement (functional English), and meet health, character and public interest criteria.
Subclass 188 and 888 – Business Innovation and Investment visas
There are two stages to achieve permanent residence through this visa. Initially an applicant would apply for the temporary visa (188 visa) and then go on to apply for the permanent visa (888 visa).
Applicants are required to make an expression of interest with the department of Immigration and then you must receive an invitation to apply before lodging your application.
In addition to the requirements below, applicants must generally meet the following:
- health and character requirements
- no history of involvement in business or investment activities that are not generally acceptable in Australia
- meet the functional English language requirement, except for the Entrepreneur stream where the competent standard is only required
The 188 visa has different streams which are outlined below:
Business Innovation stream
Applicants must demonstrate the following:
- a successful business career
- genuine desire and intention to own and manage a business in Australia
- an acceptable ownership interest in one or more eligible businesses
- personal and business assets of at least $800,000 (must be lawfully acquired)
- score at least 65 points on the points test
- be less than 55 years of age (unless your business is of exceptional economic benefit)
Investor stream
This stream is for those applicants who invest at least $1.5 million in Australia and maintain business or investment activity in Australia. This stream also requires State government Nomination.
Applicants must demonstrate the following:
- have managed a qualifying business or eligible investment/s for at least 1 year in the last 5 years
- have net assets of at least $2.25 million
- make an investment of at least $1.5 million in their nominating State or Territory
- demonstrate at least 3 years’ experience managing a qualifying businesses or eligible investment/s
- score at least 65 points on the points test
- genuinely intend to live for 2 years in the State or Territory in which you make the investment
- be less than 55 years of age (unless your business is of exceptional economic benefit)
Significant Investor stream
This stream is for those applicants who invest at least $5 million in eligible Australian investments and maintain investment activity in Australia. This stream also requires State government Nomination.
You must make an investment of at least $5 million in eligible Australian investments and genuinely intend to maintain that investment in Australia for at least 4 years.
Premium Investor stream
This stream is for those applicants who invest at least $15 million in eligible Australian investments and/or make charitable contributions. This stream requires also Nomination by Austrade. You must have assets of at least $15 million.
Entrepreneur stream
This stream also requires State government Nomination. The visa applicant must be undertaking or planning on undertaking a complying entrepreneur activity in Australia. The visa applicant must also source funding of at least $200,000 from a permitted entity. You are also required to be less than 55 years of age (unless your business is of exceptional economic benefit).
Permanent Residence – Business and Investment Visa – 888 Visa
The second stage of the Business and investment visa is to lodge the Permanent Residence application when you meet the requirements to do so having held your temporary visa for the required length of time and met certain eligibility criteria in accordance with which stream you applied under.
All streams require applicants; to meet health, character and public interest criteria. You must have observed Australian laws including not being involved in any business or investment activities that are unacceptable in Australia and a demonstrable commitment to continuing business or investment activities in Australia.
Outlined below are the main criteria according to stream.
Business Innovation stream
- hold a 188 under this stream
- own and manage a business in Australia at the required value and have done so for at least 2 years immediately before applying for the visa
- have a turnover of at least $300,000 in the main business in the 12 months before applying for the visa
- meet the assets and/or employee criteria in the 12 months before applying
- have been in Australia for at least 1 year in the past 2 years before applying
Investor stream
- hold a 188 visa under this stream
- have held a designated investment of $1.5 million in Australia for at least 4 years immediately before applying for the visa
- have been present in Australia for at least 2 of the 4 years immediately before applying for the visa
Significant Investor stream
- hold a 188 visa under this stream
- have held a complying investment of $5 million in Australia for at least 2 years immediately before applying for the visa
- have been in Australia for the required number of days immediately before applying for the visa (this changes depending on your circumstances)
Premium Investor stream
- hold a 188 visa under this stream
- have held the 188 visa for at least 1 year immediately before applying
- have held the required investments of at least $15 million for up to 12 months, , immediately before applying for the visa (this can vary depending on the investment)
Entrepreneur stream
- hold a 188 visa under this stream
- have held the 188 visa for at least 4 years immediately before applying
- a demonstrated successful record of entrepreneurial activities
- have been in Australia for at least 2 of the 4 years immediately before applying for the visa
