Investing in Australia - Business Investment Visas Australia Mygration
Business Investment Visa

Investment & Business Migration

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Business Innovation and Investment Visas

If you are looking for an opportunity to establish or relocate your business to Australia, a business visa is required. There are also range of foreign investment visa types available for eligible individuals. Mygration can assist you with the application for these specific permits. We are highly qualified migration agents located in Queensland. We can assist clients across Brisbane to determine their eligibility for various investment related permits. Thanks to the experience and dedication of our team we can assist you in compiling the necessary documents needed for an application for a foreign investment visa.

The application process for foreign investors interested in Australian investment has been simplified by the Australian Government in order to entice more foreign investors to the country.

The Australian economy is reliant on foreign investment and trade with the Foreign Investment Review Board (FIRB) assessing all proposals for direct foreign investment. The following industries are the main industries of interest when it comes to foreign investment:

  • Agribusiness and food
  • Commercial and real estate development
  • Tourism
  • Education
  • Major Infrastructure
  • Resources and Energy

Our firm has a wide range of professionals that not only provide services relating to migration law, but offer valuable expertise and knowledge relating to various assessment criteria for all visas to Australia. Our team of professionals hold over 11 years’ experience in accounting, law, migration law and career planning in Australia, New Zealand, South Africa, France, Spain and many other countries making us your ideal business migration agents in Brisbane and the Gold Coast.

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You must score at least 65 points (the pass mark) in the points test to be eligible to apply for a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Investor stream.

If you did not pass the required park. You may be eligible for other types of Australian visas. You can test your eligibility using our Online Visa Assessment Form and we will determine if realistic migration pathways exist.

Downloadable Brochures

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Temporary Business Innovation and Investment Visas (subclass 188)

Business Innovation stream (subclass 188A)

This visa is for people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.

This visa will lead you to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

You must:

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
  • score at least 65 on the points test. Please see the Points test tab on this webpage for further information.
  • for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years
  • own at least one of the following percentage of your nominated main business:
    • 51 per cent, if the business has a turnover of less than AUD400 000 per year
    • 30 per cent, if the business has a turnover of AUD400 000 or more per year
    • 10 per cent, if the business is a publicly listed company
  • have an overall successful business career
  • have a genuine desire to continuously own and maintain a management role in a business in Australia.

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 business and personal 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.


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Investor stream (subclass 188B)

This visa is for people who want to make a designated investment of at least AUD1.5million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government.

This visa will lead you to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

You must:

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory
  • score at least 65 on the points test. Please see the Points test tab on this webpage for further information.
  • have a high level of management skill in relation to the eligible investment or qualifying business activity
  • have at least three years’ experience of direct involvement in managing one or more qualifying businesses or eligible investments
  • have an overall successful record of eligible investment or qualifying business activity
  • have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured
  • have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.

You, your partner, or you and your partner combined must:

  • for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
    • a qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or
    • eligible investments owned by you, your partner or you and your partner combined of at least AUD1.5million.
  • during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted
  • make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory
  • have had no involvement in unacceptable activities.

Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.


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Significant Investor stream (subclass 188C)

This visa is for people who are willing to invest at least AUD5million into complying significant investments in Australia and want to maintain business and investment activity in Australia. Applicants can be nominated by a state or territory government or Austrade on behalf of the Australian government.

This visa will lead you to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

You must have a genuine and realistic commitment to:

  • reside in the state or territory whose government agency nominated you,
  • continue your business and investment activity in Australia after the conclusion of your provisional visa,
  • live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.

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, members of your family unit aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also make a complying investment or a complying significant investment of at least AUD5 million over four years.


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Premium Investor stream (subclass 188D)

This visa is for people who are willing to invest at least AUD15million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Austrade will make the initial contact with suitable candidates for nomination on behalf of the Australian government.

This visa will lead you to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

The Premium Investor stream is by nomination of Austrade on behalf of the Australian government only. You must make a complying investment of at least AUD15 million in any of the following options:

  • 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.

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 continue your business and investment activity in Australia after the conclusion of your provisional visa.

You, your partner (spouse or de facto), or you and your partner combined must have net assets of at least AUD15 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.


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Entrepreneur stream (subclass 188E)

This visa is for people who have a funding agreement from a third party for at least AUD200 000 to undertake a complying entrepreneur activity that is proposed to lead to either the commercialisation of a product or service in Australia or the development of a business in Australia. Applicants must be nominated by a state or territory government.

This visa will lead you to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

You must:

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed complying entrepreneur activity will be of exceptional economic benefit to the nominating state or territory
  • have competent English and be able to provide evidence of this at the time you are invited to apply for the visa
  • be undertaking or proposing to undertake a complying entrepreneur activity in Australia and have a genuine intention to continue this activity

A Complying Entrepreneur Activity is an activity that relates to an innovative idea that will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

    This 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.

 

    An activity is a complying entrepreneur activity if all of the following requirements are met:

 

  • you have one or more legally enforceable agreements to receive funding with a total of at least AUD200 000 from one of the following entitites:
    • 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
  • under the agreement at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia;
  • You held at least 30 per cent interest in your entrepreneurial entity when you entered into the agreement.
  • You have a 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.

 


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Permanent Business Innovation and Investment Visas

Business Innovation and Investment (Permanent) visa (subclass 888)

This visa allows you to:

  • continue to own and manage a business in Australia (the Business Innovation stream)
  • continue business and investment activity in Australia (the Investor stream, the Significant Investor stream and the Premium Investor stream)
  • continue entrepreneurial activity in Australia (Entrepreneur stream).​

You must:

  • hold a relevant stream of the subclass 188 (A,B,C,D or E) visa or 444 visa
  • be nominated by a state or territory government agency or Austrade
  • have owned and operated a business in Australia for at least 2 years (Business Innovation stream) or
  • have held a designated investment of AUD 1.5 million for 4 years (Investor stream) or
  • have held a complying investment of AUD 5 million for 4 years (Significant Investor stream) or
  • held a complying investment of AUD 15 million for 1 year (Premium Investor stream)
  • meet additional financial and other requirements of the same stream of this visa.

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Business Talent (Permanent) visa (subclass 132A)

Significant Business History Stream

This visa allows you to establish a new or develop an existing business in Australia through:

  • Significant Business History stream: for high-calibre business owners or part-owners who want to do business in Australia

You, your partner, or you and your partner combined must have all of the following:

  • total net assets of at least AUD400 000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital
  • net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
  • a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
  • ownership of at least:
    • 51 per cent of a business with turnover of less than AUD400 000 per year
    • 30 per cent of a business with turnover of more than AUD400 000 per year, or
    • 10 per cent of a publicly listed company
  • an overall successful business career
  • no involvement in unacceptable business activities
  • a genuine desire to own and maintain a management role in a business in Australia.

You must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.


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Business Talent (Permanent) visa (subclass 132B)

Venture Capital Entrepreneur Stream

This visa allows you to establish a new or develop an existing business in Australia through:

  • Venture Capital Entrepreneur stream: for people who have sourced venture capital funding from a member of the Australian Venture Capital Association Limited (AVCAL).​

You must:

  • have received at least AUD1 million in funding from an Australian venture capital firm.
    • The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.
    • The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet.
  •  have entered into a formal agreement with the venture capital firm for the funding.

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