Australia Business Visa

Business and Investor Migrants
Visas fall into two main categories:

• Provisional visas are pathway to permanent residency in Australia
• Permanent residency visas allow migrants to live and work in Australia

There are a number of visa options for new business and investors:

• Business Innovation and Investment (Provisional) (subclass 188) visa
• Business Talent (Permanent) (subclass 132) visa

Existing business and investor visa holders may be eligible to apply for one of the following visas:

• Business Innovation and Investment (Permanent) (subclass 888) visa
• Business Owner (Residence) (subclass 892) visa
• Investor (Residence) (subclass 893) visa

PROVISIONAL VISAS
Business Innovation and Investment (Provisional) (subclass 188) visa

The Business Innovation and Investment Programme includes the Business Innovation and Investment (Provisional) Visa (subclass 188).

Before being invited to apply for this visa, you must submit an Expression of Interest (EOI) through SkillSelect and get a nomination from the Australian government, a state or territory government, or Austrade.

The visa( Subclass 188) includes four streams:

• Business Innovation stream: for people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.
• Investor stream: for people who want to make a designated investment of at least AUD1.5million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government.
• Significant Investor stream: for people who are willing to invest at least AUD5million into complying significant investments in Australia and want to maintain business and investment activity in Australia. Applicants can be nominated by a state or territory government or Austrade on behalf of the Australian government.
• Premium Investor stream: for people who are willing to invest at least AUD15million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Applicants must be nominated by Austrade on behalf of the Australian government.

Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

Business Innovation stream-Subclass 188

• A genuine and realistic commitment to be involved as an owner of a new or existing business in Australia.
• State or territory sponsored provisional visa with no minimum English requirement. .
• Be less than 55 years of age
• An overall successful business career.
• Net business & Personal assets (Net-worth ) of $800,000.
• A Business turnover of $500,000.
• 65 points required for Qualifying.

Queensland
In addition the DIBP criteria, if applicants seeking Queensland state nomination must meet the following criteria:

In addition to the DIBP criteria, applicants seeking Queensland state nomination must meet the following criteria:

• An investment of AUD$500,000 in the proposed business if intending to establish a business in Brisbane or the Gold Coast.
• An investment of AUD$300,000 in the proposed business if intending to establish a business in other regions of Queensland.
• Be less than 55 years old.
• Preference will be given to investment in businesses in the agribusiness, tourism infrastructure, resources, infrastructure and education and training sectors, particularly in regional Queensland.

NSW Criteria
In addition the DIBP criteria, applicants seeking NSW state nomination must meet the following criteria:

• You must demonstrate that you meet the Commonwealth Department of Immigration and Border Protection (DIBP) criteria for the Business Innovation & Investment visa by providing sufficient documentary evidence to prove eligibility.
• You are aged less than 55 years at time of application.
• If you are seeking to migrate to SYDNEY, your business must have an annual turnover (refer point 2 above) of at least $1.0 million.
• If you are seeking to migrate to SYDNEY, you must have net personal and business assets (refer point 3 above) of at least $1.3 million.

You must provide a comprehensive CV outlining all of your previous employment, responsibilities, and achievements in the business world.

You must submit a Business Commitment for a successful business in NSW (see NSW Business Commitment template) that demonstrates your thorough understanding of the Australian market, provides information on the research you’ve done, and includes an assessment of how your proposed business or investment will perform in the NSW context. The ownership stake must be at least 51% of a firm with annual revenue of under $400,000, 30% of a company with annual revenue of over $400,000, or 10% of a publicly traded corporation.

Your Business Commitment must include at least $300,000 in business investment if your business will be in REGIONAL NSW. Your Business Commitment must include at least $500,000 in business investment if your business will be in SYDNEY. Your Business Commitment cannot be in one of the excluded industry sectors3 if your business will be in SYDNEY.

You must show that you have enough money to cover your moving and living costs for at least a year.

NSW may not sponsor you for a provisional visa if DIBP has previously denied you a business skills, business employment, or business innovation and investment visa or has cancelled one of those visas, unless you can provide evidence of mitigating circumstances.

1. The ownership share must be at least 51% with turnover of less than A$400,000 per annum, or 30% of a business with turnover of more than A$400,000 per annum, or 10% of a publicly-listed company
2. Investment in business must be in either: property, plant & equipment; inventory, or; goodwill (if Purchased).
3. Excluded sectors include: Cafes & Restaurants (ANZSIC H4511); Takeaway Food Services (H4512); Supermarket & Grocery Retail Stores (G4110); Fruit & Vegetable Retailing (G4122); Specialized Food Retailing (G412); Newspaper & Book Retailing (G4244); Clothing Retailing (G4251); Footwear Retailing (G4252); Other Personal Accessory Retailing (G4259); Houseware Retailing (G4213); Manchester & Other Textile Goods Retailing (G4214); Other Electrical & Electronic Goods Retailing (G4229).

Victoria
In addition the DIBP criteria, if applicants seeking Victoria state nomination must meet the following criteria:

To be eligible for visa nomination by the state of Victoria, you will need to:

• meet the DIBP eligibility requirements for this visa; and
• have a genuine commitment to remain in Victoria and to engage in ongoing eligible business activity within 23 months of visa activation; and
• agree to transfer no less than A$600,000 net assets (of which A$400,000 will be available for business) to Victoria within 23 months of visa activation.

PERMANENT RESIDENCY VISA
Business Talent (Permanent) (subclass 132) visa
There are two streams under visa subclass 132:

1. Significant business history stream:
2. Venture capital entrepreneur stream:

DIBP Requirements
You might be able to get this visa if you are nominated by a state or territory government agency and are invited to apply by the minister.

You must also either:

• have net business and personal assets of at least AUD1.5 million and an annual business turnover of at least AUD3 million if you intend to apply for the visa in the Significant Business History stream, or
• have obtained at least AUD1 million in venture capital funding to start the commercialization and development of a high-value business idea in Australia if you intend to apply for the visa in the Venture Capital Entrepreneur stream.

Note: New South Wales (NSW) is now closed to applications for nomination under the Business Innovation and Investment Program (BIIP).

NSW has exhausted its allocation of nomination applications this program year.

NSW is unable to accept emailed applications for the BIIP until the new program year commences 1st July 2020. This includes the:

•        *Business Innovation and Investment (Provisional) visa (subclass 188) and
•       * Business Talent visa (subclass 132) visas