BUSINESS VISA
The Australian Business visa program offers prospective immigrants the chance to invest, establish, or oversee a business in Australia. It promotes the migration of prosperous businesspeople, investors, and executives to Australia while they take advantage of the opportunities that exist in the Australian business sector.
- Business Talent Visa
(Subclass 132) - Permanent - Business Innovation & Investment Visa
(subclass 188) - Provisional - Business Innovation & Investment Visa
(subclass 888) - Permanent
The Australia Business Talent Visa is a visa for permanent residency available to individuals looking to set up or start a business in Australia, whether new or existing.
The Business Talent Visa (Subclass 132) is a visa for permanent residency in Australia, available to individuals interested in starting or growing a business in the country. Applicants need to have enough funds and a true desire to live in a specific Australian state or territory.
Criteria & Eligibility
In order to qualify for the 132 visa, the applicant must:
- receive nomination from a government of a state or territory
- submit an EOI via Skill Select and receive an invitation to apply.
- fulfill health and character criteria for you and your dependent family members.
- fulfill further criteria for the relevant stream.
Visa Benefits
The Business Talent Visa allows visa holder and accompanying family members to
- study, work and live in Australia for an indefinite period
- get health coverage through medicare (Australia’s scheme for health-related care and expenses)
- apply for Australian Citizenship (after fulfilling the certain criteria)
- sponsor eligible relatives for permanent residence
- leave and re-enter Australia five years from the date the VISA is granted
Visa Stream
The Australian Significant Business History Stream (Subclass 132) is intended for business owners with a strong business background who wish to establish a business in Australia.
Eligibility
You need to be truly dedicated to:
- Remain in the specified state or territory.
- Continue conducting your business and investment operations in Australia even after your provisional visa has expired.
- You, your partner, or both possess legally acquired net assets of at least AUD5 million that can be used to make the required investment in Australia.
- You should not have been linked to or participated in unethical business or investment practices.
- You and all adult family members in your household must promise not to take any actions against the Commonwealth if there are any losses related to the investment you are following.
- All revenue obtained from the qualifying investment in Australia must be taxed according to Australian tax legislation.
- Your investment must be at least AUD 5 million over a four-year period to be compliant.
- You should invest a substantial amount in the following ratios.
- A minimum of AUD500,000 gathered in venture capital and growth private equity funds intended for investing in start-ups and small private companies.
- A minimum of AUD1.5 million in authorized managed funds that speculate in up-and-coming firms listed on the Australian Stock Exchange.
- A minimum of AUD3 million in managed funds that allocate investments across various assets such as ASX listed companies or Australian corporate bonds, commercial real estate, and annuities.
Note: Investment cannot be used as a guarantee or pledge for a loan. Additionally, investing directly in residential real estate is not recommended, and any indirect investment through managed funds should also be limited.
Prolonging the Visit
- Have a significant investor stream visa for a minimum of 3 years or have only had one visa in the significant investor stream.
- Receive a nomination from an agency in a state or territory.
- Have a true desire to reside in the designated state or territory
- Have consistently upheld the complying investment or complying significant investment according to the investment framework guidelines.
- All family members over 18 years old who rely on you must also sign Form 1412, agreeing to take financial and legal responsibility and not cause any financial burden to the Australian government.
- You must also verify that the company conducted an eligible business throughout the entire time if the period of direct participation was less than 2 years. If the duration exceeds 2 years, you need to make sure the company had a qualifying business for at least 2 years.
Venture Capital Entrepreneur Stream is designed for individuals who have obtained venture capital to support the establishment or commercialization of a high-value business concept.
Criteria for Eligibility
- Younger than 55 years old
- Need to secure a minimum of $1 million in funding from an Australian Venture Capital Firm.
- The business must belong to the Australian Private Equity and Venture Capital Association Limited (AVCAL).
- Formal agreement with the venture capital firm is required in order to secure the funding.
Things to be followed after arrival in Australia
- It is necessary to be truly committed to maintaining a stake in ownership and involvement in the business.
- Fulfill the conditions of your venture capital contract
Australian Business Innovation & Investment Subclass 188 visas are for business owners and investors interested in starting up an existing business in Australia.
The Subclass 188 Business Innovation and Investment visa is designed for individuals wishing to operate or oversee a business in Australia, whether it be new or established. It also acts as the initial requirement for qualifying for a permanent Business Skills visa.
Criteria & Eligibility
In order to qualify for the 188 visa, certain criteria must be met:
- Be below the age of 55
- Receive a nomination from a government in an Australian state or territory.
- Submit a Letter of Intent and receive an invitation to apply from the Department of Home Affairs.
- Obtain medical check-ups within one year of applying for the visa.
- Obtain a police certificate from every country resided in for at least 12 months within the last decade to prove character background.
- If you are 18 years old or above, agree to an Australian Values Statement.
- Make sure you have no unpaid debts to the Australian government.
Visa Benefits
- Travel to and from Australia is allowed as long as the visa remains valid.
- Sponsor family members for immigration to Australia
- Qualify for Permanent Residency with a Business Innovation and Investment (Permanent) Visa (Subclass 888) application.
Visa Stream
Criteria for being eligible
In order to qualify for the 188 visa under the business innovation stream, you need to:
- Be under 55 years old.
- Achieved a minimum score of 65 on the point assessment.
- Want to genuinely pursue a leadership position in an Australian company
- Possess a combined total of business and personal assets worth at least AUD 800,000 that can be legally transferred to Australia.
- Must have held ownership stake in a well-established company or one with a turnover of AUD500000 for at least 2 of the past 4 fiscal years (when invited to apply for visa).
- Possess a minimum of one of these percentages in the designated primary industry:
- 51% of businesses make less than AUD 400,000 annually.
- 30% of businesses with a turnover of AUD 400,000 or higher.
- 10% of the business is owned by the public if it is listed on the stock market.
Responsibilities after arrival in Australia
- Retain a significant holding in an Australian company.
- Assume control, at a senior level, in the daily management and decision making of the business.
- Must take responsibility for any of the following tasks:
- Presenting updated technology or new technology features
- Sustain a job in Australia.
- Establish connections with global markets
- Sell Australian products overseas.
- Manufacture products or provide services
- Contribute to the commercial activity or competitiveness in the Australian economy.
Prolonging the Visit
You are able to prolong your visit for an additional 2 years through the business innovation extension pathway. Nevertheless, you are required to:
- Maintain a visa under the Business Innovation stream for a minimum of 3 years.
- Show the necessity of extending your presence in Australia in order to run a business.
- Possess a recent nomination issued by a government agency of a state or territory.
- Have possessed a stake in the nominated business for a minimum of 2 years and actively managed it.
- Satisfied pledge to actively participate in the day-to-day operations and strategic decision-making of the company.
- Contact us today for a thorough evaluation of your eligibility to apply for the visa through this category, so we can advise you on the most suitable approach for your application.
Criteria for qualification
In order to qualify for the 188 visa in the investor stream, you need to:
- Must be younger than 55 (this rule may be waived if the investment has significant economic benefits for the state or territory).
- Reach a minimum score of 65 on the point-test.
- Have a strong set of leadership abilities to engage in a qualifying business venture
- Remain dedicated to maintaining business operations and investments in Australia after the initial investment has reached maturity.
- Possess a sincere commitment to remain in the state or territory where the chosen investment was made for a minimum of 2 years.
- Have actively participated in the management of one or more qualifying businesses or eligible investments for a minimum of three years.
- Possess a joint ownership stake (with your partner) of no less than 10% in a qualifying company OR qualify with an investment of at least AUD 1.5 million owned by you for at least one of the five fiscal years.
- Invest a minimum of AUD 1.5 million in a specific investment approved by a state or territory government for a period of at least 4 years starting from the issuance date.
- Must possess legally acquired investment, net business, and personal assets worth at least AUD 2.25 million for transferring to Australia within two years of visa approval.
- Have not been involved in any unacceptable activities in Australia.
The Australian Significant Business History Stream (Subclass 188) is intended for business owners with a strong business background who wish to establish a business in Australia.
Eligibility
You need to be truly dedicated to:
- Remain in the specified state or territory.
- Continue conducting your business and investment operations in Australia even after your provisional visa has expired.
- You, your partner, or both possess legally acquired net assets of at least AUD5 million that can be used to make the required investment in Australia.
- You should not have been linked to or participated in unethical business or investment practices.
- You and all adult family members in your household must promise not to take any actions against the Commonwealth if there are any losses related to the investment you are following.
- All revenue obtained from the qualifying investment in Australia must be taxed according to Australian tax legislation.
- Your investment must be at least AUD 5 million over a four-year period to be compliant.
- You should invest a substantial amount in the following ratios.
- A minimum of AUD500,000 gathered in venture capital and growth private equity funds intended for investing in start-ups and small private companies.
- A minimum of AUD1.5 million in authorized managed funds that speculate in up-and-coming firms listed on the Australian Stock Exchange.
- A minimum of AUD3 million in managed funds that allocate investments across various assets such as ASX listed companies or Australian corporate bonds, commercial real estate, and annuities.
Note: Investment cannot be used as a guarantee or pledge for a loan. Additionally, investing directly in residential real estate is not recommended, and any indirect investment through managed funds should also be limited.
Prolonging the Visit
- Have a significant investor stream visa for a minimum of 3 years or have only had one visa in the significant investor stream.
- Receive a nomination from an agency in a state or territory.
- Have a true desire to reside in the designated state or territory
- Have consistently upheld the complying investment or complying significant investment according to the investment framework guidelines.
- All family members over 18 years old who rely on you must also sign Form 1412, agreeing to take financial and legal responsibility and not cause any financial burden to the Australian government.
- You must also verify that the company conducted an eligible business throughout the entire time if the period of direct participation was less than 2 years. If the duration exceeds 2 years, you need to make sure the company had a qualifying business for at least 2 years.
Requirements for qualification
Only the Australian Trade and Investment Commission, also known as Austrade, can nominate on behalf of the Australian government for the premium investor stream.
In order to qualify for the 188 visa in this category, you are required to invest a minimum of AUD15 million in a complying investment from the listed options.
- Bonds or notes issued by the Australian government or semi-government entities.
- Australian companies with limited liability
- Have a strong set of management abilities to engage in a qualifying business endeavor.
- Assets listed on the Australian Securities Exchange
- Approved charitable donation by a state or region
- Annuities that are issued by life companies registered in Australia that are deferred.
- Australian corporation listed on the stock exchange issued corporate bonds, or the investment grade bonds were rated by an AFS licensed credit rating agency.
- Any revenue derived from the qualifying investment in Australia is required to be taxed according to Australian tax regulations.
- After your 188 visa expires, you need to genuinely plan on continuing your business and investment activities in Australia.
- At least AUD15 million in lawfully acquired combined net assets must be available to make the complying investment in Australia by you, your partner, or both.
- You and your partner are not allowed to engage in forbidden business or investment activities.
- Both you and your partner, as well as any dependent family members over the age of 18, must guarantee that you will not take legal action against the Commonwealth for any financial losses related to the complying investment.
Requirements for qualification
In order to be qualified to submit an application for the 188 visa through the entrepreneur stream, certain criteria must be met:
- Age must be below 55 years, unless your entrepreneur activity proves to bring exceptional economic benefit to the nominating state or territory.
- Proof of proficient English at the moment of visa invitation
- A sincere desire to engage in a business activity that follows the regulations in Australia.
- Your entrepreneur activity must not involve residential real estate, labor hire, purchasing an existing enterprise, or franchise in Australia.
- At least AUD 200,000 in funding from one or more eligible entities, subject to legal agreements.
- Research institution funded by the public
- Government of a State or Territory
- Government agency of the Commonwealth
- An investor who has officially registered with either Early State Venture Capital Limited Partnership or an Australian Venture Capital Limited Partnership.
- Designated institution of higher education
- A contract stipulating the payment of a minimum of 10% of funds to the entrepreneurial entity within 12 months of conducting business in Australia.
- A minimum of 30% stake in the business venture at the moment of signing the contract.
- A legitimate strategy or novel concept for spearheading the commercialization of a product or service, or for fostering enterprise growth in Australia.
- Continue to have a steady connection with the government of the state or territory that nominated you.
The subclass 888 visa is for individuals holding a four-year provisional subclass 188 visa who wish to maintain ownership and management of a business or investment in Australia or an Australian state or territory.
Visa Benefits
- Reside, learn, and be employed without a defined end time
- Sign up for Medicare (Australia’s Health Coverage Program)
- Submit an application for Australian citizenship (upon fulfilling specific requirements).
- Support your qualifying family members for permanent resident status.
- Depart and come back into Australia starting from the visa grant date (after being on your permanent residency visa for 5 years, you must apply for a Resident Return Visa to continue your travel privileges).
Visa Stream
The subclass 888 visa has the same streams as that of subclass 188, which are:
- Business Innovation Stream
- Investor Stream
- Significant Investor Stream
- Premium Investor Stream
- Entrepreneur Stream
In order to qualify for an 888 visa, you must:
Standard Criteria
- Had a temporary Business Innovation and Investment visa (subclass 188) and fulfilled all the criteria for the initial stream of application.
- Be the husband, wife, or de facto partner of someone holding a 188 visa under the investor or business innovation stream and meet the necessary criteria for a permanent business innovation and investment visa in that stream.
- Had a subclass 444 Special Category visa and fulfilled the criteria for the business innovation stream.
- Not having participated in any improper business or investment endeavors.
Further Prerequisites Needed.
- Maintain a good track record of compliance with the laws of the Commonwealth, as well as the state or territory where you conduct business or entrepreneurial endeavors.
- Nomination from the Australian state or territory or on behalf of the Australian government by Austrade.
- Proof of meeting the health and character criteria for the 188 visa.
- Real determination to continue business or investment operations in Australia.
- Fulfilled all the criteria of the pathway through which you obtained your 188 visa.
- All members of the family unit must not have any unpaid debts to the Australian government.
- Once you receive this visa, you are required to arrive in Australia by a specified date.
- Any family member listed as a dependent on the application cannot get married or be in a de facto relationship prior to entering Australia.
