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SINCE 1 JULY '15 SOME OF THE CRITERIA HAVE CHANGED FOR BUSINESS VISAS AND THIS SITE WILL BE UPDATED WITH THOSE UPDATES SOON (IN THE INTERUM PLEASE REFER TO THE DIBP WEBSITE OR CONTACT OUR OFFICE FOR THE MOST UP TO DATE INFORMATION)
Below is a summary of the Business Visa subclass 188 - http://www.immi.gov.au/Visas/Pages/188.aspx (always check the DIBP website for the most up-to-date information).
Business Innovation and Investment (Provisional) visa (subclass 188) - This visa is for people who want to own and manage a new or existing business in Australia, or to invest in an Australian state or territory.
The Business Innovation and Investment (Provisional) visa (subclass 188) is part of the Business Innovation and Investment Program. You must submit an expression of interest through SkillSelect and be nominated by a state or territory government before being invited to apply for this visa.
The visa includes three streams:
Holding this visa is the first stage before becoming eligible to qualify for a The Business Innovation and Investment (Provisional) visa (subclass 188).
To be able to apply for this visa, you must first submit an expression of interest through SkillSelect. You may then be nominated before being invited to apply.
Your expression of interest must specify:
When you have submitted your expression of interest, a state or territory government could view it and decide whether to nominate you to apply for a visa. State and territory authorities have their own criteria for deciding who to nominate. In some cases, the authority might contact you before you are nominated to discuss employment possibilities. In others, the authority will wait for you to contact it.
If you receive an invitation, you will have 60 days to apply online for the visa. During that time, you cannot change the information in your expression of interest. If you receive two invitations to apply for a visa and you do not lodge an application, your expression of interest will be removed from SkillSelect. If you still want to apply for the visa, you will need to submit a new expression of interest.
Although you do not need to provide supporting documents with an expression of interest, your visa application is likely to need extensive supporting documentation, as listed in the document checklist. Start compiling your documents early in the process, so you can respond within the 60 days if you receive an invitation.
Information about nomination requirements, business and employment in various states and territories is available.
Information about state and territory treasury corporations offering designated investments is available.
You might be able to get this visa if:
You must meet certain health requirements. The results are usually valid for 12 months.
This also applies to all dependent family members included in your application, whether they are migrating or not.
You must meet certain health requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.
This applies to you and all the dependent family members listed in your application, whether they are migrating or not.
For each person included in the application aged 16 years or older you will need to complete:
If you have served in the armed forces of any country, provide certified copies of military service record or discharge papers.
Sign the Australian values statement
If you are 18 years of age or older, you must sign an Australian Values Statement to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form.
Debts to the Australian Government
You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.
Business Innovation stream
If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.
At the time of invitation, you, your partner, or you and your partner combined must have total net assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.
You and your partner must have had no involvement in unacceptable business or investment activities.
You, your partner, or you and your partner combined must:
Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.
Significant Investor stream
You must make a complying investment of at least AUD5 million in any of the following three options, in any proportion, and hold that investment continuously for at least four years:
Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
You must also have a genuine and realistic commitment to:
You, your partner, or you and your partner combined must have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.
You and your partner must not have been involved in unacceptable business or investment activities.
You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.
You can include the following people in your visa application:
The application must include documentary evidence of their relationship to you.
Your members of your family unit must be able to show that they meet health and character requirements.
After you have applied for this visa but before a decision is made, only your or your partner’s dependent children (including newborns) can be added to your application.
After you are granted this visa, if your partner, your or your partner’s dependent children or eligible dependent relatives want to apply for the same visa, they must lodge a separate online application as subsequent entrants using:
Lodge your application online
You must apply for this visa online throughSkillSelect.
Pay the visa application charge by credit card when you apply. You also need to send your supporting documents:
Make your required investment
If you applied under the Investor stream or the Significant Investor stream, you must make your designated investment or complying investment before being granted a visa. You must make the investment when we invite you in writing to do so. The invitation includes information on how to make the required investment and how to provide evidence that you have made the investment.
Income that you earn from your investment in Australia is subject to Australian taxation law.
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