Business and Investor Visas
The Business and Investor Visas have 2 main categories.
- Business Innovation and Investment Visa (Subclass 188); and
- Business Talent (Permanent) Visa (Subclass 132).
Business Innovation and Investment Visa
(Subclass 188/888) The Business Innovation and Investment Visa has a 2-stage process to obtain residency. The visa holder will first need to obtain a provision visa (subclass 188) for 4 years. After complying with the necessary business and/or investment requirements, the visa holder may apply for a permanent visa (subclass 888).
The provision visa has 5 different streams, which are:
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Business Talent (Permanent) Visa
(Subclass 132) Unlike the Business Innovation and Investment Visa, the Business Talent Visa is a direct permanent residency visa for high-talented businessmen. However, if the visa holder does not comply with the visa requirement within the time frame, the Immigration Department may cancel this visa at any time.
This visa has 2 main streams, which are:
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Business Innovation and Investment Visa (Subclass 188/888)
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188A/888A
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188B/888B
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188C/888C
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188D/888D
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188E/888E
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Business Innovation Stream - Subclass 188A (Provisional) Visa
Business Innovation Stream – 188A (Provisional) Visa:
- Aged under 55 (unless a state nomination waives this requirement);
- Obtained state or territory nomination;
- Intend to commence business in Australia;
- Achieved at least 65 points in point test;
- Has a successful business career;
- Has business ownership and owns at least 30% of shares;
- The turnover of the company must be more than AUD 500,000 (in the last 2 of 4 fiscal years);
- Total personal asset must be at least AUD 800,000 and will be transferred to Australia after the grant of the visa.
Procedures to obtain a 188A visa:
Processing time*:
- Assessment test for the main applicant;
- Submit “Express of Interest” and statement nomination application;
- Obtained state nomination invitation;
- Prepare all necessary documents;
- Submit visa application;
- Pass the interview (if applicable); and
- Visa granted.
Processing time*:
- Express of interest and State Nomination: 4 - 12 weeks
- Visa application: 17 – 18 months
Business Innovation Stream- Subclass 888A (Permanent) Visa
If you meet the following requirements and holds a 188A visa, you may be eligible to apply for a 888A permanent resident visa.
Procedures to obtain a 888A visa
- Meet the state requirements provided for the 188A visa;
- Prior to applying the visa, the applicant has continuously run an eligible business in the last 2 years;
- Manage the business in Australia;
- 12 months prior to the application of the visa, the turnover of the business was at least AUD 300,000;
- Meet 2 out of 3 of the following requirements (12 months immediately before applying the visa):
- Net business assets of the business are at least worth AUD 200,000;
- The business employs at least 2 full-time employees who are either Australian citizens, holders of a valid permanent resident visa or holders of a New Zealand passport;
- Have at least AUD 600,000 worth of net business and personal assets;
- Physically in Australia for at least 12 months in the previous 2 years (additional time is preferred).
Procedures to obtain a 888A visa
- Meet the 188A visa requirements;
- Obtain state nomination;
- Submit visa application;
- Permanent resident visa granted.
Business Investor Stream - Subclass 188B (Provisional) Visa
To be eligible to apply for a 188B visa, the applicant must meet the following requirementsAged under 55 (unless the state nomination waives this requirement);
Procedures to obtain a 188B visa:
Processing time*:
- Obtained State Nomination;
- Intends to invest or commence business activity in the nominated state or territory;
- Achieved at least 65 points in point test;
- Have at least 3 years of:
- a successful record of eligible investment; or
- a successful record of running a qualifying business activity.
- Meet the following requirements at least 1 of the 5 fiscal years immediately before applying the visa:
- Own at least 10% shares of a qualifying business; or
- Own at least AUD 1.5 million of eligible investments.
- The applicant must have a net business, investment and personal assets of at least AUD 2,250,000 in the 2 years immediately before the visa application. These funds must be transferred to Australia after the visa is granted.
- Make an investment of AUD 1,500,000 to the nominated state or territory.
- Intend to live in the nominated state for at least 2 years.
Procedures to obtain a 188B visa:
- Assessment test for the main applicant;
- Submit “Express of Interest” and statement nomination application;
- Obtain state nomination invitation;
- Prepare all necessary documents;
- Submit visa application;
- Pass the interview (if applicable);
- Invest the funds in the nominated state bond;
- Visa granted.
Processing time*:
- Express of interest and State Nomination: 4 - 12 weeks
- Visa application: 17 – 18 months
Business Investor Stream - Subclass 888B (Permanent) Visa
If you are holding a 188B visa and you meet the following requirements, you may be eligible to apply for a 888B permanent resident visa:
Procedures to apply for a 888B visa
- Meet the state requirements under the 188B visa;
- Have a realistic commitment to continue business or investment activities;
- Holds eligible investment for at least 4 years; and
- Lived in Australia (the nominated state) for at least 2 years.
Procedures to apply for a 888B visa
- Meet the 888B visa requirements;
- Obtain state nomination;
- Submit visa application;
- Permanent resident visa granted.
Significant Investor Stream - Subclass 188C (Provisional) Visa
To be eligible to obtain a 188C visa, the applicant must meet the following requirements:
Procedures to obtain a 188C Visa:
- Obtain State Nomination;
- Make a complying investment of at least AUD 5,000,000. For example:
- At least AUD 500,000 in venture capital for start-up and small private companies;
- At least AUD 1,500,000 in an approved managed fund;
- The balance of investment of at least AUD 3,000,000 in managed funds (such as Australian stock exchange, commercial real estate, corporate bonds). Please note direct investment in residential real estate is not considered complying investment under this category.
- Please note the investment must not be a security for a loan.
- The main applicant must live in Australia for 40 days per year or the applicant’s partner must live in Australia for 180 days per year.
Procedures to obtain a 188C Visa:
- Assessment test for the main applicant;
- Submit “Express of Interest” and statement nomination application;
- Obtain state nomination invitation;
- Prepare all necessary documents;
- Submit visa application;
- Visa granted.
Significant Investor Stream - Subclass 888C (Permanent) Visa
If you are holding a 188C visa and you meet the following requirements, you may be eligible to apply for a 888C permanent resident visa:
Procedures to obtain a 888C visa
- Meet the State Nomination requirements;
- Invest in a complying investment for at least 4 years;
- Live in the nominated state for at least 40 days per year or your partner lived in the nominated state for at least 180 days per year; and
- Hold a 188C visa for at least 4 years.
Procedures to obtain a 888C visa
- Meet the 188C requirements;
- Obtain state nomination;
- Submit visa application;
- Visa granted.
Premium Investor Stream - Subclass 188D (Provisional) Visa
To apply for a 188D visa, the applicant must meet the following requirements:
Procedures to obtain a 188D visa:
- Obtain a nomination from the Australian Trade and Investment Commission;
- Make a complying investment of at least AUD 15,000,000 in any of the following forms:
- Australian securities exchange listed assets;
- Australian government or semi-government bonds or notes;
- corporate bonds or notes issued by an Australian exchange listed entity;
- Australian proprietary limited companies that operate qualifying businesses (providing goods or services to the public with a profit-making intention, and not passive or speculative in nature)
- real property in Australia excluding residential property;
- deferred annuities issued by Australian registered life companies; and/or
- state or territory government approved philanthropic contribution
- Have a total personal net asset of AUD 15,000,000;
- Have a realistic commitment to continuing business or investment activities in Australia;
- Agreed not to take action against the government for any loss in relation to the investments.
Procedures to obtain a 188D visa:
- Assessment test for the main applicant;
- Apply and obtain AusTrade nomination;
- Submit visa application;
- Interview (if applicable);
- Invest the funds into a complying investment combination;
- Visa granted.
Premium Investor Stream - Subclass 888D (Permanent) Visa
If you hold a 188D visa and you meet the following requirements, you may be eligible to apply for a 888D permanent resident visa:
- Obtain a nomination from the Australian Trade and Investment Commission
- Hold the 188D visa for at least 1 year;
- Have held complying investments of AUD 15,000,000 for at least 1 year;
- Meet the 188D visa requirements;
- Obtain nomination from AusTrade;
- Submit visa application;
- Visa granted.
Entrepreneur Stream - Subclass 188E (Provisional) Visa
To apply for a 188E visa, the applicant must meet the following requirements:
Procedures to obtain a 188E visa:
- Aged under 55;
- Obtain state nomination;
- Have competent English (Achieved a score of at least 6 for each component in IELTS);
- Receive funding worth of at least AUD 200,000 from a nominated entity;
- Must hold at least 30% interest in the entrepreneurial entity;
- Must have a business plan to show how the innovative idea will lead to commercialisation of a product or service or development of an enterprise or business in Australia;
- Must propose to undertake an entrepreneur activity in Australia;
- The activity must not relate any residential real estate, labour hire or purchase of an existing enterprise or a franchise in Australia.
Procedures to obtain a 188E visa:
- Assessment test for the main applicant;
- Prepare entrepreneur business plan;
- Obtain entrepreneur company to provide funding;
- Apply and obtain State nomination;
- Submit visa application;
- Interview (if applicable);
- Visa granted.
Entrepreneur Stream - Subclass 888E (Permanent) Visa
If you hold a 188E visa and meet the following requirements, you may be eligible to apply for a 888E permanent resident visa:
Procedures to obtain a 888E visa:
- Meet the state requirements under 188E visa;
- Complied with entrepreneur activities, and achieve at least 2 Key Factors or 1 Key Factor and 3 Success Factors.
- Key Factors:
- Employ at least 2 Australian citizens or Australian permanent residents;
- Annual turnover of at least AUD 3,000,000;
- Filed a provisional patent or acquired a standard or innovation patent;
- Receive ongoing funds for the company;
- Partnership with university;
- Selling the company for at least AUD 2,000,000;
- Success Factors:
- Adopt your company into other business areas;
- Receive a statement of success from a state government;
- Receive sponsorship from a corporate entity;
- Receive formal awards or recognition;
- Raised social capital.
- Hold a 188E visa for at least 4 years.
Procedures to obtain a 888E visa:
- Meet the 888E visa requirements;
- Obtain state nomination;
- Submit visa;
- Visa granted.
Business Talent Visa (Subclass 132)
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132A
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132B
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Significant Business History Stream - Subclass 132A (Permanent) Visa
To obtain a 132A visa, the applicant must meet the following requirements:
Procedures to obtain 132A visa:
Processing time*:
The average processing time for 132A visas is around 19 – 21 months.
*Data received from the Department of Home Affairs as at July 2018
- Aged under 55;
- Obtain state nomination;
- Intend to develop an “outstanding” business in the nominated state or territory;
- Have an overall successful business career;
- In the last 2 of the 4 fiscal years immediately before applying the visa:
- Own a substantial interest of a qualifying business (at least AUD 400,000)
- Have an annual turnover of at least AUD 3,000,000; and
- Own at least 30% shares of the company.
- Personal net assets worth at least AUD 1,500,000 and it is able to be transferred to Australia;
- After the grant of the visa, the applicant must commence business activity in Australia;
- The applicant must maintain and manage the Australian business and the business must bring value to Australia;
- 24 months after the grant of the visa, complete the investigation survey to prove the applicant had complied with the visa conditions;
- Please note the Immigration Department may cancel this visa within 36 months if the applicant fails to comply with the visa conditions.
Procedures to obtain 132A visa:
- Assessment test for applicant;
- Submit “Express of Interest” and state nomination application;
- Obtain state nomination;
- Prepare all the relevant documents;
- Submit visa application;
- Interview (if applicable);
- Visa granted;
- Commence business in Australia and comply with the investigation after 24 months of the visa granted.
Processing time*:
The average processing time for 132A visas is around 19 – 21 months.
*Data received from the Department of Home Affairs as at July 2018
Venture Capital Entrepreneur Stream -Subclass 132B (Permanent) Visa
To obtain a 132B visa, the applicant must meet the following requirements:
Procedures to obtain 132B visa:
- Obtain State nomination;
- Intend to commence business in Australia;
- Meet the venture capital requirements:
- Received at least AUD 1,000,000 in funding;
- Entered into an agreement with an Australian venture capital firm.
- The funding must be for:
- Business developments;
- Product commercialisation; and
- Start-up costs.
- The funding must be for:
- Have sufficient funds (This will depend on state or territory requirements, but in general around AUD 200,000);
- Commence entrepreneur business activity after the grant of visa,
Procedures to obtain 132B visa:
- Assessment test with the applicant
- Obtain venture capital firm agreement
- Submit EOI and state nomination
- Obtain state nomination
- Submit visa application
- Interview (if applicable)
- Visa granted