Business & Investor – OLD

The requirements for the various Business Visas are quite detailed and complex. What is considered acceptable (e.g. investment type) for one stream of one subclass, is not acceptable for another.

Our registered migration lawyers are experienced in analysing financial reports and understanding business structures, so that your business holdings can be presented to the DIBP in a form that satisfies the requirements.

We can advise you on your intended business investment, taxation structures, commercial agreements, business purchases and other associated matters.

The Business Talent (Permanent) (subclass 132) Visa

The following are the specific requirements of the Significant Business History stream:

• You have total net assets of at least AUD400,000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before you are invited to apply;
• If the qualifying business was a publicly listed company, you have a shareholding of at least 10 per cent of the total issued capital;
• You have net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted;
• One or more of your main businesses had a total annual turnover of at least AUD3 million in at least two of the four fiscal years immediately before you are invited to apply;
• You have ownership of at least:
  1. 51 per cent of a business with turnover of less than AUD400,000 per year,
  2. 30 per cent of a business with turnover of more than AUD400,000 per year, or
  3. 10 per cent of a publicly listed company.
• You have an overall successful business career;
• You have no involvement in unacceptable business activities;
• You have a genuine desire to own and maintain a management role in a business in Australia; and
• You are younger than 55 (unless your proposed business will be of exceptional benefit to the region where it will operate).

The following are the specific requirements of the Venture Capital Entrepreneur stream:

• You have received at least AUD1 million in funding from an Australian Venture Capital Firm;
• The funding is for:
  1. A start-up business,
  2. Product commercialisation, or
  3. Business development of a promising high-value business idea.
• The venture capital firm is be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL); and
• You have entered into a formal agreement with the venture capital firm for the funding.

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

The following are the specific requirements of the Business Innovation stream:

• You score at least 65 on the Business Points Test;
• You have net business and personal assets of at least AUD800,000 that are legally acquired and can be transferred to Australia within two years after the visa is granted;
• You have had an ownership interest in an established business or businesses that had at least AUD500,000 turnover for two out of the last four fiscal years;
• You have ownership of at least:
  1. 51 per cent of a business with turnover of less than AUD400,000 per year,
  2. 30 per cent of a business with turnover of more than AUD400,000 per year, or
  3. 10 per cent of a publicly listed company.
• You have an overall successful business career;
• You have no involvement in unacceptable business activities;
• You have a genuine desire to own and maintain a management role in a business in Australia; and
• You are younger than 55 (unless your proposed business will be of exceptional benefit to the region where it will operate).

The following are the specific requirements of the Investor stream:

• You score at least 65 on the Business Points Test;
• You have net business, personal and investment assets of at least AUD2.25 million that are legally acquired and can be transferred to Australia within two years after the visa is granted;
• You have a high level management skill in relation to either an investment or business activity;
• You have at least three years of experience of direct involvement in managing a business or investment;
• You have an overall successful business or investment record;
• You have a genuine and realist commitment to continuing your business and investment activity in Australia and live
• You have, for at least one of the five fiscal years, directly managed either:
  1. A business in which you have at least 10 per cent ownership interest, or
  2. Investments owned by you combined of at least AUD1.5million.
• You make a designated investment of at least AUD1.5 million in a state or territory government security and are prepared to hold that investment for four years; and
• You are younger than 55 (unless your proposed investment will be of exceptional benefit to the region).

The following are the specific requirements of the Significant Investor stream:

• You have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia;
• You have a genuine and realistic commitment to reside in the state or territory whose government agency nominated you, continue your business and investment activity in Australia after your complying investment matures, and live in Australia for at least 160 cumulative days over the period while holding your provisional visa;
• You have not been involved in unacceptable business or investment activities.

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

• You have owned the business for 24 months;
• You met two of the following:
  1. Your net business assets must be at least AUD200,000 in the last 12 months, and continue to have a net value of at least AUD200,000.
  2. In the last 12 months, you provided employment in Australia to 2 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 2 full-time employees,
  3. You hold at least AUD600,000 business and personal assets in Australia in the last 12 months, and continue to have a net value of at least AUD600,000.
• You must have had and continue to have a direct and continuous management role in a main business providing products or services in Australia for at least two years.
• Your business had a turnover of at least AUD300,000 in the last 12 months.
• You must not have acquired the ownership in your main business from a person who was an applicant for/holder of a Subclass 888 Visa.
• You must demonstrate that the business has an ABN and all BAS have been lodged for the 2 year period in business; and
• You must have no record of involvement in activities not generally acceptable in Australia.

The following are the specific requirements of the Investor stream:

• You have been in Australia on a Subclass 888 Visa for at least two years in the past four years; and
• You have held the designated investment for at least four years continuously.

The following are the specific requirements of the Significant Investor stream:

• You have been in Australia on a Subclass 888 Visa for at least 160 days in the past four years; and
• You have held the complying investment for at least four years continuously.