Australian Business & Investment Visa Options

Business Visa Australia

For successful business owners, investors and senior executives who wish to settle in Australia, the Australian Business Visa Program is an encouraging pathway towards conducting your business opportunities in Australia. There are two major avenues for entry into Australia provided for below:

  • Provisional Visa holder, rendering you eligible for permanent residency in Australia once you have established a business in the country.
  • Direct permanent residence, for applicants who are sponsored by a State or Territory government.

 

Under Australian Immigration law, any applicant who enters Australia under the first stream will be required to undergo a 2-stage progression for permanent residence. This process involves holding a Business Skills Provisional visa for a period of 4 years while continuing to satisfy the requirements before an application for Business Skills Residence Visa can be made.

Do you qualify for a Visa?

Business Skills Program

The business skills program is essentially subdivided into 4 different categories, which are as follows:

  1. For owners or part owners of a business
  2. A senior executive employee of a big business
  3. Individuals or business owners who are willing to invest in Australia
  4. People with significant business history who have obtained a sponsorship from a State or Territory government.
Stage 1: Temporary Business Visa

There are 5 eligibility streams for 188 business visa

  1. 188A Visa(Business and Innovation Stream)
  2. 188B Visa (Investor Stream)
  3. 188C Visa (Significant Investor Stream)
  4. 188D Visa (Premium Investor Stream)
  5. 188E Visa (Entrepreneur Stream)
Stage 2: Permanent Business visa
  1. 888 Visa is Permanent Business Innovation And Investment
  2. 888 Visa (Business Innovation And Investment (Permanent)

Direct permanent residence for business applicants who are sponsored by a State or Territory government of approval.

Business Talent Visa (Subclass 132)

Business men are lucky as there are quite a number of visas that are made available to them by the government of Australia. Of course, only legit business men can take advantage of these Australian visa and the requirements are quite stringent so qualifying for them can be tough, although it can be done especially if the business is established and legit.

How to know if you are eligible to obtain an Australian business Visa?

Below are the types of visas that one can obtain on their business ventures to Australia:

Subclass 188 Business Innovation and Investment Provisional Visas
  • This category of visa is designed for business owners and investors who are willing to establish their business in Australia and is valid for a period of 4 years. The criteria for obtaining this visa is provided for below;
188A Visa (Business and innovation stream)
  • The subclass 188A visa is suitable for business owners and investors from overseas who are willing to invest in a new or existing business located in Australia. This is a provisional visa for up to 4 years. Under 55 years of age or exceptional benefit to the state.
188B Visa (Investor stream)
  • This is a temporary visa which applicants must hold for 4 years before becoming eligible for permanent residence through the Investor Stream. The visa applicant must invest 1.5 million in Government bond for up to 4 years. Under 55 years of age or exceptional benefit to the states.
188C Visa (Significant Investor Stream)
  • This visa is valid for those willing to make a minimum investment of 5 million AUD and have satisfied the significant investment requirements for this visa. NO Age Limit.
  • Applicants must also be willing to maintain an active business and investment activity in Australia.
  • You must be nominated by a State or Territory government for this visa class.
188D Visa (Premium Investor Stream)
  • This is a temporary visa and is available to those who are willing to invest a minimum of 15 million AUD in a “premium investment” in Australia.
  • This visa is suitable for those who will maintain a business and active investment domain in Australia.
188E Visa (Entrepreneur stream)
  • This visa subclass is available to business owners who have received an agreement for funding from a third party for a minimum amount of 200,000 AUD.
  • Such agreements shall be made between the two parties for the purpose of entrepreneurial activity, which is expected to lead to commercial status of a product or a service in Australia or for the purpose of developing a business in Australia.
  • Applicants must be nominated by a State or Territory government.
188A & 188B Points Test (Business Innovation)
  • A points-based system determines the eligibility of applicants. 65 points required.
888 Visa (Business Innovation and Investment on a permanent basis)
  • This is commonly the second stage of a Business Innovation and Investment visa and is the pathway to permanent residency.
  • Applicants are eligible to apply for this visa after holding a 188 provisional visa, either for a period of 2 years in the Business Innovation stream or for a period of 4 years in the investment stream.
132 Visa for business talent

Applicants who are experienced and successful business owners can apply for the subclass 132 visa. This is a permanent visa designed for existing owners or part owners of a business in an overseas location. The genuineness, commitment and willingness of applicants will be assessed to determine if they are suitable for participation in the management of a new or existing business in Australia.

Processing time for Business Visa in Australia

Visa Type 75% of applications 90% of applications processed in
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
600 Visitor - Business Visitor9 days20 days
Factors which influence the processing time of Australian Business Visa

All business visa applications are assessed by the authorities on a case by case basis. The processing time for each application is generally expected to be quite high. Further, the following circumstances can impact the individual processing time for an application:

  • Whether the application is complete in all respects and all supporting documentation has been attached
  • The amount of time taken by applicants to respond to requests for additional information. If an applicant responds late, the application process time is extended by that duration.
  • The time taken by the Department to respond and assess the information provided by the applicant and verify the submitted evidence.
  • The time taken by the Department to obtain relevant information from an external agency, particularly if it is a matter of health, nationality or involves a background check
  • For applications for permanent visas, the number of places available
  • For any application related to citizenship, the time period taken by the applicant to attend a citizenship ceremony or obtain a citizenship certificate
What is the criteria to be eligible for State sponsorship?

There are several requirements relating to State sponsorship which differ for Business Owner Visas and Investor Visas.

Business owner visa
  • You must be under 55 years of age. If your business proposition will be of an exceptional nature, such that it will benefit the nominated State or Territory to a significant extent, this requirement may be waived.
  • A score of 65 is required on the points test
    For two out of the four fiscal years immediately preceding the application, the applicant must have an ownership interest in the business and such business must have had a minimum turnover of 500,000 AUD during those years
  • At least one of the following must be owned by the nominated business:
    a. 51 per cent for turnover less than 400,000 AUD per annum
    b. 30 per cent for a turnover of 400,000 AUD for one or more years
    c. 10 per cent for a business which is a publicly listed company
  • The overall business career of the establishment must be a successful one.
  • The business owner must reserve an authentic desire to own and maintain a typical management role in that business located in Australia.

 

If the said nominated main business is of such nature that it provides professional services, trade services, or services of technical nature, it is necessary that the business owner must not have spent more than half of their time in the provision of those services.

Another important requirement relating to approval of this visa is that the business owner, their partner, or the business owner and their partner combined should be in possession of business assets and personal assets amounting to a total of no less than 800,000 AUD. This must have been acquired in a lawful manner and should be free for legal transfer to Australian land within a period of two years from the date of the visa grant.
Any involvement in unacceptable business or investment activity will not be permitted.

Investor visa: Australian PR by investment
  • You should not be more than 55 years of age. If your business proposition will be of exceptional nature such that it will benefit the nominated State or Territory to a significant extent, this requirement may be waived.
  • A score of 65 is required on the points test
  • Applicants must have a minimum of three years’ experience in managing the eligible business or the eligible investment
  • Applicants must be able to present a successful record of qualifying business activity or management of eligible investment.
  • The business owner must reserve an authentic desire to own and maintain a typical management role in that business located in Australia.

 

Applicants for this visa must accept that any income earned from such investments in Australia shall be subject to Australian taxation laws. The criteria for meeting residence in Australia is subject to certain guidelines which must be complied with.

Working rights are also permitted for additional applicants such as partners or other family members.

Applicants must note that two business can be combined for the purpose of meeting the eligibility criteria as stated above.

Generally, it is considered to be very difficult to obtain an Australian Business visa, however, ensuring that the legislation and regulatory guidelines are followed, the migration agent will ensure the greatest possible chance of approval.

We Do the Legwork

NB Migration Law has over 25 years experience and our skilled lawyers from countries all over the world, know exactly what it is like to go through migration and live as a migrant in this country.  That’s why we are so dedicated to supporting you through the visa process, bringing awareness and empathy to the emotional strain that can often go along with making such a big life change.  We untangle confusing legalities and save you time, money, and stress from unnecessary delays. We partner with you to make sure you have the right visa for your situation and a clear migration pathway.

NB Migration offers a number of migration services:

Book a free consultation today and let us help you find a way forward.