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Business Migration Visa

The Australian government is encouraging businessmen, high net worth individuals and venture capital firms who have established business enterprises and/or are keen to invest in Australia by granting them a business visa which allows them to migrate to Australia and set up businesses or invest in businesses in Australia.

There are two different business visas one can choose from:

(a) Business Talent Visa (subclass 132)

(b) Business Innovation and Investment (Provisional) Visa (subclass 188)

(a) Business Talent Visa (subclass 132)

The Business Talent Migration Visa allows the visa applicant and his/her spouse and children to enter Australia as permanent residents.

There are 2 types of Business Talent visas:

(i) Significant Business History stream: for high caliber business owners or part-owners who want to do business in Australia.

After entering Australia, a Business Talent Visa holder must establish a qualifying business in Australia or participate in an existing qualifying business in Australia in which he/she must be a substantial owner and maintain direct and continuous involvement in the day to day management of the business.

In order to be eligible for the Business Talent Visa, the visa applicant and/or his/her partner must individually or combined have:

• Total net assets of at least $AUD 400,000 in a qualifying business he/she owns for at least two of the four years immediately before applying and if the qualifying business is a publicly listed company then at least 10 percent of the total issued capital.

• Net assets of at least $AUD 1.5 million that has been acquired legally and can be transferred to Australia within two years of the visa being granted.

• A total annual turnover of at least $AUD 3 million in one or more of the main businesses in at least two of the four years immediately before filing the application.

• Ownership of at least 51 percent of a business with turnover of less than $AUD 400,000 per year or 30 percent of a business with turnover of more than $AUD 400,000 per year or 10 percent of a publicly listed company.

• An overall successful business career.

• No involvement in unacceptable business activities.

• A desire to own and maintain a management role in a business in Australia.

• Be nominated by a state of territory government agency.

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

In order to be eligible, the visa applicant and/or his/her partner must individually or combined have:

• Received at least $AUD 1 million in funding in an Australian venture capital firm.

• The funding must be for the start-up, product commercialization of 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).

• The visa applicant must have entered a formal agreement with the venture capital firm for funding.

• Be nominated by a state or territory government agency.

(b) Business Innovation and Investment (Provisional) Visa (subclass 188)

There are 5 different types of Business Innovation and Investment (Provisional) Visas:

(i) Business Innovation stream: 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.

(ii) Investor stream: for people who want to make a designated investment of at least $AUD1.5 million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government.

(iii) Significant Investor stream: for people who are willing to invest at least $AUD5 million 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.

(iv)  Premium Investor stream: for people who are willing to invest at least $AUD15 million 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.

(v) Entrepreneur stream: for people who have a funding agreement from a third party for at least $AUD 200,000 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.

A Business Innovation and Investment (Provisional) Visas is valid for 4 years and 3 months and is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

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 in the Business Innovation stream or the Investor stream.

The points test does not apply to the Significant Investor stream, the Premium Investor stream, the Entrepreneur stream, the Business Innovation Extension stream, or Significant Investor Extension stream.

Points are awarded for: 

• Age

• English language ability

• Qualifications

• Experience in business and net worth

• Net personal and business assets

• Business turnover

• Innovation

• Special Endorsement

If an Applicant of a provisional business visa has been resident in Australia for a certain period of time and complied with the requirements of his/her provisional visa, then it is possible for the Applicant to apply for a permanent resident business visa without the need to leave Australia.

Business visa applicants are required to undergo health check examinations and furnish a police clearance certificate prior to the issuing of the business visa.

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You may be eligible for a number of different visa categories and each has different requirements and obligations so that it is best to seek professional advice in order to select the visa most beneficial to you and suitable to your circumstances

Kangaroo Migration Services is a company that has for many years dealt with and continues to deal with immigration and the obtaining of all types of visas (short term and long term) to Australia.

Please feel free to contact us to discuss with our representative the options available to you and/or to complete our questionnaire and send it to us.

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