Why choose us?

PROFESSIONAL CREDENTIALS

We are not merely migration agents but a law firm comprised with LAWYERS for immigration. Our Principal Lawyer, James Bae, represented the Australian Governments as a legal adviser, and has the insightful understanding of accounting and business.

Networks

Some matters require diverse expertise. For example, judicial reviews require barristers and counsels whereas business and investment visas require accountants and business brokers. In certain cases of protection visas, we may need journalists to shed light for coverage. We have the networks to accomplish the results that you deserve.

NO ERRORS

However experienced, knowledgeable or passionate, everyone is prone to human errors. At Visa Plan, we completely eliminate these errors by having two migration lawyers attending to each visa application at all times. We are the only immigration agency in Melbourne and perhaps Australia to implement and enforce this system.

Continuous Learning

We never stop learning and developing our professional capability. We acknowledge that Australian immigration law constantly changes and that it is the professional responsibility of every registered migration agent to be aware. We not only actively participate in seminars, but we create learning materials for other migration agencies to learn.

Fixed Fee

We provide you at first with an estimate of our professional fee and disbursements before formal engagement as your immigration lawyer. We do not ask for an additional amount and continue until we deliver the visa advice and service to your satisfaction.

Industry Leaders in Client Service

Simply look online for Google reviews on our firm. All legitimate clients, who have received our service and advice with their visa, highly recommend our registered migration agents and lawyers. This is the objective evidence that shows we are leading the Australian visa service industry.

Australian Immigration Services

Specialising in all types of visas and citizenship matters

Investment and Business Visa Australia

The most popular route for business talent or investment migration to Australia is to utilize a Subclass 188: Business Innovation and Investment provisional visa in order to apply for transition to a Subclass 888 permanent visa. This pathway is only available for individuals with a history of success in business or investment. Evidentiary demonstration of the business talent is therefore central to all business visas irrespective of the streams.

Visa Streams

Subclass 188: Business Innovation and Investment visa consists of 5 main streams with 2 extension streams. Each business and investment stream vary significantly in requirements.

Transition to Permanent Residency

Whilst the main prerequisites of the provisional visa concerns evidencing business talent and financial resources, the transition requires acquisition an existing business or establishment of a new business, and successful operation of the Australian business for the minimum period. If it relates to the investment in Australia, it must be maintained for the requisite period.

Subclass 888: Business Innovation and Investment visa mirrors Subclass 188 in relation to the divergent streams with differing requirements. For example, applicants under the business innovation stream the visa holder must establish and operate the business in Australia during the validity of their visa. As such, it is important to understand the requirements of both the provisional visa and permanent residency visa before commencing with a business innovation and investment (provisional) application. The Australian business visa scheme is dependent on whether the business or investment is successful. Given the extreme complexities and financial commitment, we cannot emphasize enough that you consult with professions regarding your proposed business innovation and investment in Australia.

Eligibility – Subclass 188 Visa

Each stream of the business innovation and investment visa posses varying requirements. Below are some of these requirements:

Age

  • 188A: Less than 55
  • 188B: Less than 55
  • 188C: Not applicable
  • 188D: Not applicable
  • 188E: Less than 55

Visa applicants aged over 54 may still be invited by the Department of Home Affairs upon obtaining a special endorsement from a State or Territory authority.

Net value of Personal and Business Assets

States may have different thresholds that may exceed the below statutory caps for business in Australia.

  • 188A: $800,000
  • 188B: $2,250,000
  • 188C: Not applicable
  • 188D: Not applicable
  • 188E: Not applicable

Other streams do not carry asset thresholds

Minimum Business or Investment in Australia

  • 188A: Prescribed by the State or Territory Government authority
  • 188B: $1,500,000 – Designated Investment
  • 188C: $5,000,000 – Complying Significant Investment
  • 188D: $15,000,000 – Complying Premium Investment
  • 188E: Not applicable

Nominating Bodies

When applying for a business visa for Australia, most provisional visa applicants must first be nominated by a proscribed body before being issued an invitation from the Department of Home Affairs.

  • 188A: State or Territory Government authority
  • 188B: State or Territory Government authority
  • 188C: State or Territory Government authority, or Austrade
  • 188D: State or Territory Government authority, or Austrade
  • 188E: $200,000 – Sourced approved by the Australian Investment Council

Applicability of Schedule 7A Points Test to the Business and Investment Provisional Visa

  • 188A: Subject to the Points Test
  • 188B: Subject to the Points Test
  • 188C: Not applicable
  • 188D: Not applicable
  • 188E: Not applicable

State Nomination

The nomination criteria for business visas Australia vary across the different States and Territories of Australia with respect to:

  • Minimum asset or investment values;
  • Restrictions on the nature of your business in Australia;
  • Regional business concessions;
  • 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.
  • Nominating bodies may institute periodic suspensions of their respective nomination programs or require additional evidence from applicants on a case-by-case basis.

Selecting the optimal State for your business and investment aspiration is paramount in obtaining the Australian business visa. It is therefore important that you understand the Australian business climate. This is particularly so if applying under 188A, as one will be restricted to the nominating jurisdiction when commencing their business in Australia. In any case, applicants who seek the nomination must be prepared to commit to the region for the threshold duration of their provisional visa.

Schedule 7A Points Test

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

  • Age (Inclusive)
    • 20 points: 18 to 24
    • 30 points: 25 to 32
    • 25 points: 33 to 39
    • 20 points: 40 to 44
    • 15 points: 45 to 54

  • English Language
    • 5 points: Vocational
    • 10 points: Proficient

  • Educational Qualification
    • 5 points: Trade qualification, diploma or bachelor degree by an Australian institution
    • 5 points: Bachelor qualification by an institution of a recognized standard
    • 10 points: Bachelor degree in business, science or technology by an Australian institution
    • 10 points: Bachelor qualification in business, science or technology by an institution of a recognized standard

  • Business Experience – Business Innovation stream only
    • 10 points: Operate an existing business not less than 4 years in the 5 years before the time of invitation.
    • 15 points: Operate an existing business not less than 7 years in the 8 years before the time of invitation.

  • Investor Experience – Investor stream only
    • 10 points: eligible investments valued at not less than $100,000 for not less than 4 years before the time of invitation.
    • 15 points: eligible investments which valued at not less than $100,000 for not less than 7 years before the time of invitation.

  • Financial Assets
    • 5 points: not less than $800,000
    • 15 points: not less than $1,300,000
    • 25 points: not less than $1,800,000
    • 35 points: not less than $2,250,000

  • Business Turnover - In the 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa
    • 5 points: not less than $500,000
    • 15 points: not less than $1,000,000
    • 25 points: not less than $1,500,000
    • 35 points: not less than $2,000,000

  • Business Innovation (Additional requirements apply to points awarded under each head.)
    • 15 points: either or both of the following:
    • (a) one or more patents registered not less than 1 year before that time:
    • (b) one or more registered designs registered not less than 1 year before that time; and
    • 10 points: 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.
    • 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.
    • 5 points: each of the following apply:
    • (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 utilized his or her skills in actively participating at a senior level in the day to day management of the business.
    • 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 annualized 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 of at least $10,000 awarded by a government body in the applicant’s home country; and 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 commercialization, business development or business expansion.

  • Special Endorsement
  • 10 points: the nominator has determined that the business proposed by the applicant is of exceptional economic benefit to the nominating State or Territory.
  • Visa Period

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

    Additional Common Criteria

    • Visa applicants must not have a history of involvement in business activities or practices unacceptable in Australia.
    • Visa applicants who hold Subclass 491 or 494 visas in Australia must have held said visa for a period of no less than 3 years at the time of visa application.
    • Visa applicants must meet the health requirements.
    • Visa applicants must meet the character requirements.

    English Language Proficiency

    In Australia, business visas do not precondition require an English test, but visa applicants without functional English attract additional visa charges for their Business Innovation and Investment provisional visa application. Furthermore, the English proficiency must be evidenced via prescribed test formats in order to claim more points for a business visa in Australia.