The business immigration to Australia is designed to stimulate the immigration of business people and investors to Australia. The main requirement for business immigration applicants is a certain amount of assets that can be transferred to Australia after immigration;
Additional requirements for some visas are:
=> successful business history at home, before immigration;
=> development of a business plan in Australia.
Business immigration is available to people over 45 years of age. In addition, in some circumstances businessmen and investors can immigrate to Australia without proof of English knowledge.
BUSINESS TALENT. SUBCLASS 132.
A permanent business visa that is sponsored by the Australian state / territory. It is divided into two streams: “significant business history” and ” Venture Capital Entrepreneur”. Stream conditions are “successful … more
BUSINESS INNOVATION AND INVESTMENT. SUBCLASS 188 Provisional business visa sponsored by Australian state / territory. It is divided into five streams: Business Innovation – is intended for people who want to own and manage a new or existing business … more
BUSINESS INNOVATION AND INVESTMENT. SUBCLASS 888 Permanent business visa sponsored by the Australian state / territory government. It is divided into two streams: Business Innovation – designed for people who have business in Australia. And … more
MORE DETAILS ABOUT BUSINESS VISAS
Permanent business visa. Visa holders are granted permanent residency status straight away. It is divided into two streams:
=> Significant business history;
=> Venture Capital Entrepreneur;
SIGNIFICANT BUSINESS HISTORY CONDITIONS:
=> Successful business career without problems with the law;
=> Genuine and realistic intentions to be involved in business in Australia;
=> Net business assets of at least AU $ 400,000 within any 2 of the 4 financial years, immediately prior to
applying for a business visa;
=> At least 30% ownership of the business if the company’s turnover exceeds $ 400,000, or at least 51% ownership
if the company’s turnover is less than $ 400,000, or 10% ownership, if the company is publicly listed; Business turnover of at least AU $ 3,000,000 in any 2 of the 4 financial years immediately prior to applying for a business
visa;
=> Net assets (including private and business assets) AU $ 1,500,000 at the time of visa application. There
is no requirement for the immediate transfer of these assets to Australia, but they must be legally acquired and must be able to be transferred to Australia within 2 years after receiving a permanent business visa;
=> Applicant’s age must be less than 55 years. The sponsoring state may void this condition if it considers
that the applicant’s business proposal will bring a significant economic benefit to the state.
VENTURE CAPITAL ENTREPRENEUR CONDITIONS:
=> Australian venture fund financing of the project;
=> The investment amount must be at least 1 million Australian dollars;
=> The Venture fund must be part of the Australian Private Equity and Venture Capital Association Limited (AVCAL).
BUSINESS INNOVATION AND INVESTMENT. SUBCLASS 188 (PROVISIONAL)
Provisional business visa, which is the first and the major stage of the immigration process for businessmen and investors. All applicants must be nominated by the state / territory, which imposes additional requirements on applicants over the basic conditions of DHA. This visa is divided into five streams:
=> the Business Innovation stream;
=> the Investor stream AUD 1.5 million;
=> the Significant Investor stream AUD 5 million;
=> the Premium Investor stream AUD 15 million;
=> the Entrepreneur stream;
BUSINESS INNOVATION STREAM CONDITIONS:
=> Australian state / territory nomination;
=> Business plan availability;
=> Age less than 55 years;
=> Minimum 65 points in the point-test;
=> Successful business career without problems with the law;
=> Genuine and realistic intentions to be involved in business in Australia;
=> At least 30% ownership of the business if the company’s turnover exceeds $ 400,000, or at least 51% ownership
if the company’s turnover is less than $ 400,000, or 10% ownership if the company is publicly listed;
=> One business turnover (or two businesses in total) of at least $ 500,000 in any 2 of the 4 financial years
immediately prior to applying for a business visa;
=> Net assets (including net business assets) of at least $ 800,000 at the time of applying for a business visa
(there is no requirement for the immediate transfer of these assets to Australia, but they must be legally acquired and must be able to be transferred to Australia within 2 years of visa grant);
=> Business management Involvement (working as an employee in your own business should not occupy more than
50% of the working time).
THE INVESTOR STREAM AUD 1.5 MILLION CONDITIONS:
=> The Australian state / territory nomination;
=> Age less than 55 years;
=> Minimum 65 points in the point-test;
=> Successful business career without problems with the law;
=> At least 3 years of investment or business management experience;
=> Genuine and realistic intentions to be involved in business or investment in Australia after the initial
investment maturity;
=> Compliance with one of the following conditions for at least 1 out of 5 years, prior to visa application:
=> Management of a business with ownership of at least a 10% (in person or together with spouse);
=> Management of investments of at least $ 1.5 million (in person or together with the spouse);
=> $ 1.5 million investment of free funds received from business or investment activities in a state or
territory security of the sponsoring state / territory for a period of 4 years;
=> The availability of net assets (including net business assets and investment funds) of at least $ 2.25
million at the time of applying for a business visa (there is no requirement for the immediate transfer of these assets to Australia, but they must be legally acquired and able to be transferred to Australia within 2 years after
receiving a business visa).
THE SIGNIFICANT INVESTOR STREAM AUD 5 MILLION CONDITIONS:
=> The Australian state / territory nomination;
=> Net assets of at least $ 5 million at the time of applying for a business visa (there is no requirement that
these assets should be acquired as a result of business or investment activities, but they need to be legally acquired);
=> Investment for a period of 4 years in the following Australian assets:
— At least AUD500 000 in venture capital and growth private equity funds which invest in start-ups and small private companies;
— At least AUD1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange;
— A ‘balancing investment’ of at least AUD3 million in managed funds that may invest in a range of assets, including ASX-listed companies, Australian corporate bonds or notes, annuities and commercial real estate;
— Direct investment in residential real estate continues to be prohibited and indirect investment in residential property through managed funds is now strictly limited;
— Investments must not be used as security or collateral for a loan.
THE PREMIUM INVESTOR STREAM AUD 15 MILLION CONDITIONS:
=> Nomination from AUSTRADE (Australian Commission on Trade and Investment);
=> Net assets of at least $ 15 million at the time of applying for a business visa. They should not be in pledge,
should be legally acquired and be prepared to invest in Australia;
=> Investment of the above-mentioned funds in any of the following assets:
— Australian securities exchange listed assets.
— Australian government or semi-government bonds or notes.
— Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS
licenced debt rating agency.
— Australian proprietary limited companies.
— Real property in Australia excluding residential property.
— Deferred annuities issued by Australian registered life companies.
=> State or territory government approved philanthropic contribution;
=> Genuine and realistic intentions to be involved in business in Australia after the conclusion of your provisional
visa non-participation in unacceptable business or investment activities.
ENTREPRENEUR STREAM CONDITIONS:
=> The Australian state / territory nomination;
=> Intention to start and continue business in Australia;
=> Age less than 55 years;
=> Proficiency in English at IELTS level 6666;
=> Funding of at least $ 200,000 from one or more of the following sources:
— 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
— At least 10% of the above financing must be issued within 12 months from the day of commencement of business
— you must own at least 30% of the shares in the enterprise
=> 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;
=> Entrepreneurship 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.
BUSINESS INNOVATION AND INVESTMENT. SUBCLASS 888 (PERMANENT)
This permanent business visa is only for those who are already in Australia on a provisional visa of 188. It is sponsored by the same Australian state / territory government that sponsored the applicant’s provisional visa, the sate/territory can impose additional conditions on top of DHA terms. This is the final second stage of the same five streams:
=> The Business Innovation stream;
=> The Investor stream AUD 1.5 million;
=> The Significant Investor stream AUD 5 million;
=> The Premium Investor stream AUD 15 million;
=> Entrepreneur stream;
In order to be able to apply for visa 888, you must:
=> Be the main holder of a provisional business visa 188;
=> Not be involved in illegal business or investment activities;
=> Be nominated by the Australian state / territory;
=> Meet the conditions of visa 888 in the specific stream:
BUSINESS INNOVATION STREAM CONDITIONS:
=> Have a provisional visa 188 and reside in Australia for at least 1 year before applying for visa 888;
=> Manage your business in Australia for at least 2 years before applying;
=> Have a turnover of business (or two businesses in total) of at least $ 300,000 for 1 year before visa application;
=> Own at least 30% of the business if the company’s turnover exceeds $ 400,000, or at least 51%, if the company’s
turnover is less than $ 400,000, or 10% if the company is a publicly listed;
=> Obtained an Australian Business Number (ABN) for each operating business;
=> Submitted Business Activity Statements to the Australian Taxation Office;
=> Not acquired the ownership of business assets owned by the person who applied for or is the holder of visa 888,
unless the applicant had a business with this person in joint ownership for at least 1 year prior to filing the application for a visa.
Also, any two of the following three conditions must be met:
=> Net business assets (or two businesses in total) must be at least $ 200,000 for 1 year before applying;
=> The applicant’s total assets (including business assets) must be at least $ 600,000 for 1 year prior to filing
the application;
=> Full-time employment for a period of 1 year before the application (or equivalent part-time employment) of
at least 2 people who are Australian citizens, => Permanent residents or citizens of New Zealand and are not family
members of the applicant.
THE INVESTOR STREAM AUD 1.5 MILLION CONDITIONS:
=> Hold a provisional visa 188 and reside in Australia for at least 2 years out of 4 before applying for visa 888;
=> Hold state/territory bonds, that were bought as a condition of a provisional visa 188, for 4 years;
=> Comply with Australian laws and not be involved in inappropriate business or investment activities;
=> Fulfil the additional obligations imposed by the the sponsoring state/territory when applying for visa 188
=> Have a genuine and reasonable intention to continue business or investment activities in Australia after obtaining
a permanent business visa
THE SIGNIFICANT INVESTOR STREAM AUD 5 MILLION CONDITIONS:
=> Hold a provisional visa 188 and reside in Australia for at least 40 days per year (in total), or your spouse
has been in Australia for at least 180 days per year;
=> 4 years of appropriate investment during the validity of your visa.
THE PREMIUM INVESTOR STREAM AUD 15 MILLION CONDITIONS:
=> Hold investment package in Australian assets continuously for at least 1 year, and throughout this time hold preliminary visa 188.
ENTREPRENEUR STREAM CONDITIONS:
=> Reside in Australia on preliminary visa 188 not less than two out of four years immediately before the application;
=> Demonstrate successful entrepreneurial activities in Australia. Success of your activities will be measured
by a combination of key and additional factors. => You will need to demonstrate at least two key success factors
or combinations of one key success factor and three additional factors.
The key success factors are:
=> Hiring of two or more Australian permanent residents or other persons entitled to work;
=> Creating an annual turnover of at least A $ 300,000;
=> Submission of a preliminary patent or an acquisition of a standard or innovative patent;
=> Securing permanent financing or investment in your business;
=> Entering into partnership with the university;
=> Sale of the company in the amount of 2 000 000 Australian dollars;
Additional success factors include:
=> Diversification of business activities in other business areas;
=> Commendable letter from the state or territory government for the successes achieved;
=> Sponsorship from a corporate sector;
=> Starting at least one other business or participating in at least two other businesses;
=> Official awards or recognition;
=> Raising or contributing to social capital;
=> Entrepreneurial activities in Australia must not be in one of the following categories:
— Residential real estate
— Labour hire
— Purchase of an existing enterprise or a franchise in Australia.