Enquiry Form

Level 7, 530 Little Collins Street

Melbourne, VIC, Australia

James Bae - MARN: 1468128

Andrew Topalovic - MARN 2014142

Level 3, 21 Taepyung-Ro

Jung-Gu, Daegu, South Korea​​

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Business & Investment Visa

The most widely used avenue for business / investment migration to Australia is to obtain provisional 188 visas with the right to apply for 888 permanent residency. This avenue is only available for individuals with a history of success in business and investment. Subclass 188 consists of 5 main streams with 2 extension streams in which each varies significantly in their prerequisites and requirements:

 

 

As visa applications may only be lodged pursuant to an invitation being issued through Skillselect, it is important that prospective applicants have satisfactory scores in the Business Innovation and Investment points test above the threshold set by an authority of a State to which you wish to migrate.

 

Formal visa application can only be lodged once the invitation and nomination have been issued. All primary applicants must satisfy the common criteria irrespective of the streams, and additional criteria exist for each of the streams. Members of the family unit are only required to satisfy the secondary criteria common to all streams.

 

188 Points Test

The points test stipulated in Schedule 7A are only required for the business innovation and investor streams.

 

  • Age

 

20 points: not less than 18 and under 25

30 points: not less than 25 and under 33

25 points: not less than 33 and under 40

20 points: not less than 40 and under 45

15 points: not less than 45 and under 55

 

  • English Language

 

At the time of invitation to apply for the visa, the applicant had:

 

5 points: vocational English

10 points: proficient English

 

  • Educational Qualification

 

At the time of invitation to apply for the visa, the applicant had met the requirements for:

 

5 points: the award of a trade qualification, diploma or bachelor degree by an Australian educational institution.

5 points: the award of a bachelor qualification by an educational institution that is of a recognised standard.

10 points: the award of a bachelor degree in business, science or technology by an Australian educational institution.

10 points: the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard.

 

  • Business Experience

 

(Business Innovation stream only)

The applicant has held one or more main businesses for:

10 points: not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa.

15 points: not less than 7 years in the 8 years immediately before the time of invitation.

 

  • Investor Experience

 

(Investor stream only)

The applicant:

10 points: held eligible investments which had a value of not less than $100,000 for not less than 4 years immediately before the time of invitation to apply for the visa.

15 points: held eligible investments which had a value of not less than $100,000 for not less than 7 years immediately before the time of invitation to apply for the visa.

 

  • Financial Assets

 

The net value of the business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was:

 

5 points: not less than $800,000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa.

15 points: not less than $1,300,000 in each of the 2 fiscal years immediately before the time of invitation.

25 points: not less than $1,800,000 in each of the 2 fiscal years immediately before the time of invitation.

35 points: not less than $2,250,000 in each of the 2 fiscal years immediately before the time of invitation.

 

  • Business Turnover

 

The applicant had an ownership interest in one or more main businesses that had an annual turnover of:

 

5 points: not less than $500,000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa.

15 points: not less than $1,000,000 in at least 2 of the 4 fiscal years immediately before the time of invitation.

25 points: not less than $1,500,000 in at least 2 of the 4 fiscal years immediately before the time of invitation.

35 points: not less than $2,000,000 in at least 2 of the 4 fiscal years immediately before the time of invitation.

 

  • Business Innovation

 

 At the time of invitation to apply for the visa:

 

15 points: the applicant, or a main business of the applicant, had either or both of the following:

 

(a) one or more patents that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business;

 

(b) one or more registered designs that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business.

 

10 points: the applicant, or a main business of the applicant, had one or more registered trademarks that:

 

(a) were registered not less than 1 year before that time; and

(b) were used in the day to day activities of the main business.

 

5 points: each of the following applied:

 

(a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;

(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;

(c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business.

 

15 points: at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time.

 

10 points: the applicant had an ownership interest in at least one main business that:

 

(a) was established not more than 5 years before that time; and

(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and

(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full-time employees.

 

10 points: the applicant, or at least one main business in which the applicant held an ownership interest:

 

(a) had received a grant that:

(i) was awarded for the purposes of early phase start up of a business, product commercialisation, business development or business expansion; and

(ii) was at least $10,000; and

(iii) was awarded by a government body in the applicant's home country; and

(iv) had been received not more than 4 years immediately before that time; or

 

(b) had received venture capital funding of at least $100,000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion.

 

  • Special Endorsement

 

At the time of the invitation to apply for the visa:

10 points: the nominating State or Territory government agency had determined that the business proposed by the applicant was of unique and important benefit to the State or Territory where the nominating government agency is located.

 

Role Swapping

The term, role swapping, refers to practice where a secondary visa holder of a Subclass 188 visa in the Business Innovation or Investor streams is swapped with his or her spouse to be the primary applicant when applying for a Subclass 888 visa. This practice may assist the application as a whole where the primary visa holder cannot meet the eligibility criteria for a Subclass 888 visa in their corresponding streams but his or her spouse or de facto partner satisfies the primary criteria for a Subclass 888 visa.

 

This practice is unavailable for applicants applying under the Significant Investor or Premium Investor streams unless;

 

  • The primary visa holder has died; or

  • The secondary visa holder has ceased to be the spouse or de facto partner of the primary visa holder. In this event, both applicants may apply for Subclass 888 visas independently but both applicants would then need to satisfy the criteria individually.

 

Visa Period

Subclass 188 visa permit the holder to travel to, enter and remain in Australia for 4 years and 3 months from the date of grant.

Subclass 188 Common Criteria

All applicants, whether primary or secondary, must satisfy the following:

 

  • Applicants must not have a history of involvement in unacceptable business activities or practices.

  • Applicants must be nominated by a State authority, and the nominations must not have been revoked.

  • Applicants who hold Subclass 491 or 494 visas must have held said visas for a period of no less than 3 years at the time of application.

  • Applicants must meet the health requirements.

  • Applicants must meet the character requirements.

 

Unacceptable Business Practices 

Applicants whose business activities and practices are lawful throughout Australia are generally taken to satisfy this requirement. Business practices falling outside the scope of generally accepted Australian cultural and social norms, or those likely to offend or give rise to controversy amongst large segments of the Australian population, may be deemed as grounds for refusal. Minor, or “once-off” conduct will generally not be taken to constitute a “history” of said business practices.

 

The following are cited as business conduct which may be deemed unacceptable;

  • Various forms of legal or regulatory non-compliance.

  • Criminal convictions in relation to business practices.

  • Fraudulent trade practices.

  • Perceived underpayment of staff. 

 

State Nomination 

Criteria for nomination vary across different States, Territories and, in specific circumstances, Federal bodies. Due to the broad discretion afforded to each authority, the grounds for nomination diverge considerably, such as:

 

  • Varying threshold for minimum assets or investment values;

  • Exclusion of specific businesses;

  • Concessions for undertaking business activities in regional areas;

  • Requirement to exclusively export goods produced in the nominating State;

  • Requirement to create a specified number of employment opportunities;

  • Requirement for business investment funds to be spent on particular kinds of assets.

 

Additionally, State and Territory bodies may institute periodic suspensions of their respective nomination programmes or require additional evidence from applicants on a case by case basis.

 

English Language Proficiency

Whilst not strictly required for the purpose of eligibility, applicants who fail to demonstrate functional English will attract additional application fees in the form of a second application fee installment.