Business Visas to Australia

By 1 October 2018Immigration
Business Via

If you are planning to invest, establish or expand your business in Australia, you may be eligible for a business visa to Australia.

Business visas are aimed at growing Australian economy by encouraging business owners with a successful record of business or investment management to migrate to Australia.

Most of the business visas require a State or Territory government to nominate (sponsor) you before you could lodge a valid visa application with the Department of Home Affairs (DHA).

All business visa applicants (other than Business Talent visa applicants) seeking to come to Australia to establish or buy a business or make an investment must first apply for a provisional (or temporary) Business Innovation and Investment (Subclass 188) visa.

Holders of Subclass 188 visa are then eligible to apply for a permanent Business visa after having successfully operated a business or maintained their designated investment in Australia.

Only high calibre business persons who are sponsored by a State or Territory government can apply directly for a permanent Business Talent (Subclass 132) visa bypassing that 2-stage process.

This article discloses he major criteria applicable to the applicants for Subclass 188 and Subclass 132 visas.

Business Talent (Subclass 132) visa

Subclass 132 visa is a permanent visa, which requires nomination of a State or Territory government. The application may be lodged upon the receipt of the invitation of the DHA to apply for the visa.

This visa has two streams:

1) Significant Business History Stream

This stream is for high calibre business owners or part-owners who want to own and maintain a management role in a business in Australia.

The visa applicant must have net business and personal assets of at least AUD1.5 million and an annual business turnover of at least AUD3 million in one or more eligible businesses in at least two of the four fiscal years immediately before obtaining the invitation to apply.

2) Venture Capital Entrepreneur Stream

This stream is for the applicants who have obtained at least AUD1 million in venture capital funding (from a member of the Australian Venture Capital Association Limited (AVCAL)) to start the commercialisation and development of a high-value business idea in Australia.

Business Innovation and Investment (Provisional) (Subclass 188) visa

This is a temporary visa which is issued for a term of 4 years and 3 months. The visa may be used as a pathway to permanent Business Innovation and Investment (Subclass 888) visa.

This visa has five main streams:

1) Business Innovation Stream

This stream is for individuals with business skills who want to establish, develop and manage a new or existing business in Australia.

The applicants for this stream

must be nominated by a State or Territory government.

The applicant must have at least AUD800,000 of total net business and personal assets at the time of invitation and pass the score test.

The applicants must reach the score of 65, which is based on a range of various factors, including: age, education, business experience, English language fluency and various business factors.

In addition, the applicant must have an ownership interest in one or more established eligible businesses with an annual turnover of at least AUD500,000 for at least two of the four fiscal years immediately before obtaining the invitation to apply.

2) Investor Stream

The stream is for the applicants who want to make a designated investment of at least AUD1.5 million in an Australian State or Territory and maintain investments for at least 4 years.

The applicants for this stream must be nominated by a State or Territory government.

The applicants must have net business, investment and personal assets of at least AUD2.25 million and reach 65 points based on the score test.

3) Significant Investor Stream:

The stream is for the applicants who are willing to invest at least AUD5 million into complying significant investments in Australia and maintain them for at least 4 years. Complying investments must include:

  1. At least AUD500,000 in eligible Australian venture capital fund(s);
  2. At least AUD1.5 million in in emerging companies investments; and
  3. A ‘balancing investment’ of up to AUD3 million in managed fund(s) that invest in a combination of eligible assets that include Australian listed securities, eligible corporate bonds or notes, annuities and real property (subject to the 10 per cent limit on residential real estate).

The applicants for this stream must be nominated by a State or Territory government or by Austrade on behalf of the Australian government.

4) Entrepreneur Stream

The stream is for the applicants who have a funding agreement from a third party for at least AUD200,000 to undertake a complying entrepreneur activity that is proposed to lead to either the commercialisation of a product or service in Australia or the development of a business in Australia.

The applicants for this stream must be nominated by a State or Territory government.

5) Premium Investor Stream

The stream is for the wealthy applicants who are willing to invest at least AUD15 million into complying premium investments in Australia and want to maintain business and investment activity in Australia. The application for this stream may only be made at the invitation of the Australian Government, with potential recipients nominated by Austrade. The stream, however offers fast track to permanent residency (12 months).

Business Innovation and Investment (Permanent) (Subclass 888) visa

This is a permanent visa, which is specifically designated for Subclass 188 visa holders.

Generally, the applicants for the Investor, Significant Investor and Premium Investor streams of this visa will need to show that they have held the complying investments (or premium investments) for specified period of time, which depends on the visa stream.

Business Innovation stream applicants must be able to show ongoing business involvement (with respect to both ownership interest and continuous management), meet certain financial requirements, and have a history of employing Australian workers.

Entrepreneur stream applicants need to show s successful record of entrepreneurial activities in Australia.

Our Services

Sydney Immigration Lawyers at Pavuk Legal can assist you with selecting and applying for the best visa based on your circumstances and level of your business investment.

We may also advise and assist you in acquiring or setting up business in Australia and provide legal support in its management.

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