Provisional Business Owner & Investor Visas

The Australian Immigration Department understands that business investors can generate wealth and fortune for Australia. As such have made provisions for this through a variety of business visas and investor visas.

The Business visa process begins with the migrant submitting their interest in migrating to Australia for the purpose of business. If successful, they must be nominated by a State or Territory Government or Australian agency.

There are many different types of business visas. This is why it is so important to get professional advice to help decide what visa is best for your situation.  Ready Migration, with a head office based on the Gold Coast, Australia has access to the latest legislation and local knowledge to ensure you will be given the best advice for your situation.

There are a number of business visas to choose from. Provisional visas can provide a pathway to gaining permanent residency, and permanent residency allows migrants to live and work in Australia indefinitely.

Ready Migration can provide you with more than just a visa, offering a complete service. We can assist you with Accommodation, Employment, Business Investment, Transferring Goods & Assets, Government & Business Regulations, Buying Property, Banking, Schooling of your children, the list goes on…

We are Licenced Real Estate Agents & Business Brokers with over 40 years experience in the Industry. We can assist you with all of your Private or Commercial Investments, including:

• Business Appraisals & Valuations
• Purchase of a Business, conveyancing & due diligence
• Establishment of new business entities
• Business Planning & Ongoing business management
• Access to professional Accounting & Legal assistance

Business people wanting to establish a business, purchase an existing business or invest in Australia or New Zealand. For as little as a $100,000 investment, you can secure residence in Australia or New Zealand. With the exception of the business talent visa (direct permanent residence), most business visas are provisional for a period of up to 4 years (with options to extend), after which the visa holder may apply for permanent residency status.

Business Innovation Investment (Provisional) Visa (subclass 188)

This is a 4-year business visa that is made up of 4 streams and requires different levels of investment into business within Australia.

You must submit an Expression of Interest (EOI) through SkillSelect and be nominated by a state or territory government or Austrade on behalf of the Australian government before being invited to apply for this visa.

You might be able to get one of these visas if:

• you are nominated by a state or territory government or Austrade on behalf of the Australian government
• you are invited to apply
• you (and all your family members) meet certain health and character requirements
• you meet the additional requirements for the stream in which you apply.
• You pass the points test (if applicable)

The visa includes five streams:

Business Innovation (Owner) Visa 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.

• be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
• score at least 65 on the points test. Please see the Points test below for further information.
• for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or business that had at least AUD500 000 turnover in each of those years.
• own at least one of the following percentage of your nominated main business:
  • 51 percent, if the business has a turnover of less than AUD400 000 per year
  • 30 percent, if the business has a turnover of AUD400 000 or more per year
  • 10 percent, if the business is a publicly listed company
• Total Assets of at least AUD800 000
• have an overall successful business career
• have a genuine desire to continuously own and maintain a management role in a business in Australia.

Investor Visa 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.

• be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit
• score at least 65 on the points test. Please see the Points test below for further information.
• have a high level of management skill in relation to the eligible investment or business activity
• at least 3 years experience in managing one or more businesses or eligible investments
• have an overall successful record of eligible investment or qualifying business activity
• have a commitment to continuing your investment activity in Australia after the original investment has matured
• have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.
• for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
• a qualifying business in which you, your partner, or you and your partner combined had at least 10 percent ownership interest, or
• eligible investments owned by you, your partner, or you and your partner combined of at least AUD1.5million.
• during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment, and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted
• make a designated investment of at least AUD1.5 million in a state or territory government security and be prepared to hold that investment for at least four years
• have had no involvement in unacceptable activities.

Significant Investor Visa 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 Visa 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 the 188 visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

Entrepreneur Visa stream

You must:

• be under 55 years of age, although a state or territory can waive this requirement if your proposed  complying entrepreneur activity will be of exceptional economic benefit to the nominating state or territory
• have competent English and be able to provide evidence of this at the time you are invited to apply for the visa
• be undertaking or proposing to undertake a complying entrepreneur activity in Australia and have a genuine intention to continue this activity

A Complying Entrepreneur Activity is an activity that relates to an innovative idea that will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

This activity must not relate to any of the following excluded categories:

• Residential real estate
• Labour hire
• Purchase of an existing enterprise or a franchise in Australia.

An activity is a complying entrepreneur activity if all of the following requirements are met:

• you have one or more legally enforceable agreements to receive funding with a total of at least AUD200 000 from one of the following entitites:
  • Commonwealth Government agency
  • State or Territory Government
  • Publicly Funded Research Organisation
  • Investor registered as an Australian Venture Capital Limited Partnership or Early State Venture Capital Limited Partnership
  • Specified Higher Education Provider
• under the agreement at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia;
• You held at least 30 per cent interest in your entrepreneurial entity when you entered into the agreement.
• You have a business plan for the entrepreneurial entity noting how your innovative idea will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

Points Test

You must score at least 65 points (the pass mark) in the points test to be eligible to apply for a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation (Owner) stream or the Investor stream.

The points test does not apply to you if you are applying in the Significant Investor stream, the Premium Investor stream, the Entrepreneurial stream or for an Extension stream.

The test gives points for various elements of human capital and business innovation and includes objective measures of business performance.

Points are awarded for:

• age
• English language ability
• qualifications
• experience in business or investment
• net personal and business assets
• business turnover
• innovation.

Points are awarded on the basis of the factors listed in the following table. All factors are assessed as at the time you are invited to apply for this visa, unless otherwise noted.

Permanent Business Visa Options

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

Once you have complied with all the requirements on the temporary Business Innovations and Investment visa (subclass 188) you can apply for a permanent business visa that will enable the person/s to migrate to Australia permanently.

You might be able to apply for this visa if:

• you are the primary visa holder of a provisional Business Innovation and Investment visa (subclass 188) and have met all the requirements of your Business Innovation and Investment visa in the stream in which you first applied; or
• you are the secondary visa holder who is the spouse or de facto partner of a provisional Business Innovation and Investment visa (subclass 188) holder in the Investor or Business Innovation stream and can meet all the primary criteria requirements of  the permanent Business Innovation and Investment visa in the relevant stream; or
• you hold a Special Category visa (subclass 444) or a Business (Long stay) visa (subclass 457IE) and have met the requirements of the business innovation stream; and
• you and your partner have not been involved in any unacceptable business or investment activities.

In addition:

• you and your partner have a satisfactory record of complying with Commonwealth laws, and of each State or Territory in which you operate a business and employ employees in the business, relating to your business,
• you have been nominated by an Australian state or territory or by Austrade on behalf of the Australian government,
• you and all your family members meet health and character requirements – you do not need to prove this again if you have already done this for the provisional Business Innovation and Investment visa (subclass 188),
• have a realistic commitment to maintain business or investment activities in Australia.

Other requirements depend on the stream in which you held your provisional Business Innovation and Investment visa (subclass 188).

If you are applying via the Business Innovation stream, you must have been in Australia and held:

• a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Business Innovation Extension stream
• a Special Category visa (subclass 444)
• a Business (Long Stay) visa (subclass 457IE)

for at least one year in the two years immediately before you apply.

In addition, you must be able to show ongoing business involvement, meet certain financial requirements, and have a history of employing Australian workers.

Ongoing business involvement

You must be able to show that you (or you and your partner together) have:

• had an ownership interest (and continue to have an ownership interest) and a direct and continuous management role in an actively operating main business (or main businesses) in Australia for the two years immediately before you apply.
• had an annual turnover of at least AUD300 000 from the main business (or businesses) in the 12 months before you apply. (A nominating state or territory might agree to waive the requirement to show an annual turnover of AUD300 000 if you live and operate business in a specified regional area of Australia)
• owned at least one of the following percentages of the main business (or main businesses) in Australia in the year immediately before you apply:
  • 51 per cent of a business with a turnover of less than AUD400 000 per year
  • 30 per cent of a business with a turnover of AUD400 000 or more per year
  • 10 per cent of a publicly listed company
• obtained an Australian Business Number for each of your main businesses
• submitted Business Activity Statements to the Australian Taxation Office for the two years immediately before you apply
• not acquired the ownership in your main business (or two main businesses) from a person who was an applicant for, or a holder of, a permanent Business Innovation and Investment visa (subclass 888) or a permanent business skills visa (in subclasses 890, 891, 892 or 893), unless you and that person had a joint interest in the main business for at least one year before you lodge your application for this visa.

You (or your partner, or you and your partner together) must also demonstrate that you have achieved at least two of the following requirements:

• a net value of business assets of at least AUD200 000 in your nominated main business (or two main businesses) in Australia throughout the year immediately before you apply
• a net value of personal and business assets of at least AUD600 000 in Australia throughout the year immediately before you apply
• employed at least the equivalent of two full-time employees in your main business (or main businesses), throughout the year immediately before you apply who are:
  • Australian citizens, Australian permanent residents, or holders of valid New Zealand passports
  • not your family members.

Permanent Investor Visa stream

If you are applying for this visa in the Investor stream, you must have been in Australia and held your provisional visa in the Investor stream for at least two of the four years immediately before you apply.

In addition, you (or you and your partner combined) must have held a designated investment with an Australian state or territory for at least four years.

Business Talent (Permanent) Visa (Subclass 132)

The business talent visa allows the person/s to immigrate to Australia on a permanent residence visa, providing they fulfil the criteria below;

You, your partner, or you and your partner combined must have all of the following:

• 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(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital.
• 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.
• a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply.
• ownership of at least:
  • 51 per cent of a business with turnover of less than AUD400 000 per year
  • 30 per cent of a business with turnover of more than AUD400 000 per year, or
  • 10 per cent of a publicly listed company
• an overall successful business career
• no involvement in unacceptable business activities
• a genuine desire to own and maintain a management role in a business in Australia.

You must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.

Venture Capital Entrepreneur stream

You must have received at least AUD1 million in funding from an Australian venture capital firm.

The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.

The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet.

You must have entered into a formal agreement with the venture capital firm for the funding.

As with all visas, even if you have complied with all the necessary criteria, there is still a lot to consider. To be successful with your Migration or Investment into a new country, you require more than just a visa. With so many things to consider, entering a new country can be a daunting process.

Ready Migration will be able to go through the Business Visa and Investor Visa and work out the best route for your immigration to Australia.

Business Visitor Visas

Business visitor visas are for business people to visit Australia for business purposes.  For example, to attend a conference or training session, to conduct business with an Australian based organisation, to conduct business negotiations or for an exploratory business visit.

Business activities do not include acting, musical performances or commercial film making.

There are a variety of visa options in this category to explore.

Electronic Travel Authority (Subclass 601)

You might be able to get this ETA if:

• you are travelling to Australia as a tourist or for business visitor purposes
• you hold an eligible passport.

Your ETA lets you:

• enter Australia for up to three months at a time
• have a holiday or visit family and friends in Australia
• study in Australia for up to three months, in some circumstances
• work as a genuine unpaid volunteer, but only if an Australian resident would not otherwise be paid to do that type of work (you can be reimbursed for out-of-pocket expenses such as meals and accommodation).
• engage in business visitor activities while in Australia, provided you:
  • do not work for or provide services to a business or organisation in Australia
  • do not sell goods or services to the public

Business visitor activities include:

• making general business or employment enquiries
• investigating, negotiating, signing or reviewing a business contract
• activities carried out as part of an official government-to-government visit
• participating in conferences, trade fairs or seminars, as long as you are not being paid by the organisers for your participation.

Business activities do not include short-term work. If you want to work in Australia, you can apply for a Temporary Work (Short Stay Activity) visa (Subclass 400).

eVisitor (subclass 651)

You may be eligible for an eVisitor if you:

• Hold a European Union or other eligible European Country Passport
• intend to visit Australia only temporarily and for tourism or business visitor purposes
• are outside Australia
• hold an eVisitor-eligible passport
• are free of tuberculosis when you enter Australia
• have not been convicted of an offence or offences for which the total sentence is more than 12 months. (whether or not the sentence has been served).

Your eVisitor lets you:

• enter Australia for up to three months during each visit during the 12 months from the date the eVisitor is granted
• have a holiday or visit family and friends in Australia
• study in Australia for up to three months in some circumstances
• engage in business visitor activities while in Australia provided you:
  • do not work for or provide services to, a business or organisation
  • do not sell goods or services to the public.

Business visitor activities include:

• making general business or employment enquiries
• investigating, negotiating, signing or reviewing a business contract
• activities carried out as part of an official government-to-government visit
• participating in conferences, trade fairs or seminars, as long as you are not being paid by the organisers for you participation.

Volunteer work tourism schemes

In general, an eVisitor does not allow you to work in Australia. However, you might be able to work as a volunteer if:

• your main purpose in visiting Australia is tourism and the voluntary work is incidental to tourism
• the work is genuinely voluntary and you are not paid for it, other than for meals, accommodation or out of pocket living expenses
• the work would not otherwise be done in return for wages by an Australian resident

Visitor visa (subclass 600)

For people who do not hold an eligible passport for an ETA or eVisitor Visa

You might be able to get this visa if you are travelling to Australia:

• as a visitor
• for business visitor activities
• to visit family
• on a tour with a registered travel agent from the People’s Republic of China.

In Australia you can apply for the Tourist stream of the Visitor visa online provided you currently have a valid visa that does not have condition 8503 imposed.

If you are outside Australia only certain passport holders can apply for this visa online otherwise you can lodge a paper application at your nearest Immigration Office.

All the categories of visa have many subclasses and strict criteria that you must meet in order to be eligible for migration to Australia. It is advisable that you consider what visa is right for your circumstances. Ready Migration head office is based on the Gold Coast and our impeccable success rate in visa approvals. This is due to our expert knowledge, advice and Registered Practice in the Industry since 1999.

No matter what your circumstances we can assess your eligibility for migration to Australia whether it be for a temporary or permanent stay. If you would like expert and affordable advice tailored to your individual circumstances, simply complete a No obligation Free Visa Assessment. One of our experienced, registered migration agents will be in touch with you to advise you of your options.