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The Business Innovation and Investment Visa Categories

  • Significant Business History Stream: is for affluent owners or part owners of a business who want to have a major management role in a new or existing business in Australia.
  • Venture Capital Entrepreneur Stream: is for people who have obtained at least AUD1 million in funding from an Australian venture capital firm.
  • Business Innovation and Investment Streams: is for people who want to own and manage a new or existing business in Australia.
  • Significant Investor Stream: is for people who are willing to invest at least AUD5 million into complying investments in Australia and want to maintain business and investment activity in Australia after the original investment has matured.
  • Short Stay Business Stream: for business people travelling to Australia for a short business visit. This includes going to a conference, negotiation or meeting.
  • Investor Retirement. This visa is designed for self-funded retirees who have no dependants and who want to reside in Australia during their retirement years. The visa is temporary and will not lead to Australian permanent residence or citizenship.

Feel free to send an email inquiry  / call if you would like us to assess your likely eligibility for an Australian Business Innovation and Investment visa or if you would like our assistance with your application. Alternatively, you may wish to complete our Free Business Innovation Visa Eligibility Assessment form.

A.  Business Innovation and Investment (Provisional) visa (Stage 1)

The Provisional Business Innovation and Investment visa is for successful business innovators and investors who intend to invest or enter into business in Australia and contribute to the growth of the Australian economy.

The provisional Business Innovation and Investment visa has three streams:

  1. The Business Innovation Streamfor people with a successful business career and a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia

You need to meet the following financial criteria:

This option requires you to have owned a business and to be intending to establish business operations in Australia. You will need to meet the following if you are applying through the Business Innovation Stream:

  • Ownership of a business with turnover of at least AUD 500,000 for 2 of the last 4 fiscal years.
  • Net personal and business assets of at least AUD 800,000
  1. The Investor Stream  – for people with a successful record of qualifying business or eligible investment activity who will make a designated investment in a state or territory of Australia and have a realistic commitment to continue to maintain business or investment activity in Australia after the designated investment has matured.

You need to meet the following financial criteria:

This option requires you to have managed investments or owned a business, and to be willing to invest AUD 1.5 million in Australian State or Territory Government bonds. If you are applying for the Investor Stream, the requirements are as follows:

  • You have had business and personal net assets of at least AUD 2.25 million for the last 2 fiscal years
  • You must make an investment of AUD 1.5 million in Australian State or Territory bonds prior to grant of the visa
  • You have 3 years of experience either managing a qualifying business or “eligible investments”, and have showed a high level of management skill
  • For at least 1 of the last 5 fiscal years, you have either:
    • Managed a business in which you hold a 10% shareholding; or
    • Managed “eligible investments” of at least AUD 1.5 million

“Eligible investments” for the purposes of the Investor Stream include:

  • Ownership interests in a business
  • Cash on deposit
  • Stocks or bonds
  • Real estate
  • Gold or bullion
  • Loan to a business
  1. The Significant Investor Stream – The Significant Investor visa is a 4 year visa for people willing to make an AUD 5 million investment in Australia.

Applicants must meet the following criteria:

  • Nomination by a state or territory government
  • Invitation to apply through SkillSelect
  • An investment of at leats AUD 5 million in a “complying investment”.

A “complying investment” for the purposes of the Significant Investor Visa includes:

  • State/Territory government bonds; or
  • ASIC regulated managed funds making investments in Australian assets; or
  • Direct investment into unlisted Australian companies

Unlike other business migration categories, there is no upper age limit for this type of visa.

The Business Innovation and Investment visa program incorporates access to flexibility provisions to assist business people to achieve permanent residence and encourage innovative business. Provisional visa holders who were granted their visa by meeting the requirements for the Business Innovation stream may be eligible to apply for a two year extension to their provisional visa provided they are nominated by a state or territory government for the extension.

B.  Business Innovation and Investment (Permanent) visa (Stage 2)

The Permanent Business Innovation and Investment visa is designed to attract business people to assist in the economic development of Australia. The visa allows you to stay in Australia on a permanent basis for the purpose of owning a new or existing business. To be eligible for this visa you must be the primary holder of a provisional Business Innovation and Investment visa.

The Permanent Business Innovation and Investment visa has two streams:

  1. The Business Innovation Stream –  for people who own and manage a business in Australia and have met certain business threshold requirements
  1. The Investor Stream / Significant Investor Stream –   for people who have a designated investment in an Australian state or territory or a complying investment and want to maintain business and/or investment activity in Australia after the original investment has matured.

C.  Business Talent (Permanent) visa

Under the Business Innovation and Investment visa program the Business Talent visa is made up of two streams:

1.  The Significant Business History Stream – aimed towards high calibre business people who are owners or part owners of an overseas business and have a genuine and realistic commitment to participate in the management of a new or existing business in Australia

You need to meet the following financial criteria:

  • For at least 2 of the last 4 fiscal years you had:
    • net assets in business of at least AUD 400,000; or
    • 10% ownership of the business if it is a publicly listed company.
    • the business had an annual turnover of at least AUD 3 million for 2 of the last 4 fiscal years
    • You have net assets of at least AUD 1.5 million.

2. The Venture Capital Entrepreneur Stream – to facilitate the entry of migrant entrepreneurs with a high potential business idea who have sourced venture capital funding in Australia. Migrant entrepreneurs will be required to have sourced at least AUD 1m in venture capital funding through a member of the Australian Venture Capital Association Limited (AVCAL), for early phase start-up, product commercialisation or business development and expansion.

Nomination from an Australian state or territory government is mandatory for these two streams.

After arrival obligations of Business visa holders

As well as the requirements that Provisional visa holders must meet to secure permanent residence, there are specific monitoring provisions and obligations that Business Talent visa holders must meet.

Business Talent visa holders must provide the Department of Immigration and Citizenship (the department) with a contact address within six months of their initial arrival.

Their progress is monitored after arrival and they will be sent a letter requesting details of their business activity 24 months after their initial arrival in Australia.

Where a Business Talent visa holder has not made a genuine effort to obtain a substantial ownership interest in an eligible business within three years of arrival, they may be liable for visa cancellation under section 134 of the Migration Act 1958.

Business Innovation and Investment (Provisional) visa holders are required to obtain an ownership interest in a business in Australia or maintain their investment in Australia for four years. If this requirement is not met, they may not be eligible to apply for a Business Innovation and Investment (Permanent) visa and may have to leave Australia.

 

Why choose Immigration Law Matters?

Business migration can be extremely complex, and even determining whether you have a good chance of qualifying can be difficult. In addition, you may be able to qualify in a number of different business migration categories.

We have represented a number of Business Migrants to migrate to Australia. Some of these countries including China, Iran, Vietnam and the Middle East.

Feel free to send an email inquiry  / call if you would like us to assess your likely eligibility for an Australian Business Innovation and Investment visa or if you would like our assistance with your application. Alternatively, you may wish to complete our Free Business Innovation Visa Eligibility Assessment form.