Business visa faq

Business Innovation and Investment (Provisional) visa (subclass 188) & Business Innovation and Investment (Permanent Visa) (Subclass 888)

How do I meet the English language requirement for the Business Innovation stream?

You can meet the English language requirement by achieving an overall score of 5 in IELTS (with minimum 5 in each component) to prove Vocational English while an overall score of 7 (with minimum 7 in each component) to prove Proficient English.

What are complying investments for the significant investor visa?

Complying investments refers to the Australian Securities and Investment Commission (ASIC) regulated managed funds, federal, government bonds at state or territory level and direct investment into proprietary companies in the country. Applicants need to hold investment in any of these options and demonstrate that they meet the specified requirements for the visa.

Can Premium Investor visa be extended?

No, premium investor visa cannot be extended. The duration of this stream is four years and three months. However, one can apply for permanent premium investor visa (subclass 888) after completion of 12 months on provisional premium investor visa to get an extended stay.

Can I make an investment in residential real estate to fit the criteria of a complying investment?

No, direct investment in residential real estate is never considered a complying significant investment for a significant investor visa or complying premium investment for a premium investor visa.

What if my complying investment is below $5 million?

The value of complying significant investment must be at least AUD5 million at the time of lodging an application for the visa. Once the visa is granted it doesn’t matter if the investment falls below or go above AUD5 million.

Is it required to go through a point test or fulfil an age requirement for any stream?

If you have applied for the visa under the Significant Investor or Premium Investor stream then you don’t need to go through a point or meet any age requirement. However, all the other streams require an applicant to meet the specified requirements set by the immigration authorities.

Are the investments made prior to lodging a visa application considered towards the AUD5million complying investment?

From July 1 2015, it has become mandatory for the applicant of Significant Investor and Premium Investor visa to make a new investment to be eligible for 188 visa. This investment should be made after lodging an application and prior to the visa grant.

What is an Australian proprietary company?

An Australian proprietary company is privately held and limited amount of liability of the shareholders to pay the debts of the company.

What are Territory bonds?

Territory bonds are specifically designed for investors seeking a guaranteed investment by the government. Such bonds entitle the investor to regular interest payment with defined term to maturity and fixed interest.

What is the list of approved managed funds that I can invest in?

There’s not a specific list of approved managed funds. All you need to do is to make sure that the managed funds meet the terms of complying investment.

If I am nominated by a specific state or territory or Austrade, can I move to a different state or territory after a certain period?

If you are nominated by a State or Territory or Austrade for the provisional significant investor or premium investor visa, the Department and the State or Territory government that nominated wants you to genuinely reside in their jurisdiction.

How long will it take for my temporary business visa to be granted?

The process of applying for 188 visa involves lodging an Expression of Interest with the Department of Immigration and being sponsored by the State or Territory government. Once the sponsorship is confirmed, the invitation is issued by the Department within few days. The duration of visa processing from then depends on certain issues specific to your application.

Is there a guaranteed return on complying investment?

The complying investment can only help in maximising the benefit of investments for Australian economy. It is uncertain whether the visa holder can get a return on their investment or not. The immigration department is not responsible with any investment decision neither guarantee any return on complying investment.

Is there any other option to apply for a Significant Investor visa other than getting nominated by a State or Territory government?

There is no other option to apply for a significant investor visa. Since it is a government nominated program, you must be nominated by the State or territory government or Austrade to apply.

Are applicant’s family members allowed to reside and work in Australia?

You can include your partner, your child/step child or your partner’s child/step child in your visa application. All the family members who have been granted the visa are eligible to study and work in Australia.

What if I failed to lodge a visa application within 60 days of receiving an invitation from the Department of Home Affairs?

The validity period of invitation is 60 days. The application must be lodged to the Department of Home Affairs under this duration. In case, you fail to lodge, your EOI will lapse and you would not be considered for the visa.

Do I still need to hold complying investments once I am granted with permanent significant investor visa or premium investor visa?

Once you are granted with permanent visa, it is completely up to you what to do with your complying investments. However, you must have a genuine intention to maintain business or investment activities in Australia on permanent visa.

Business Talent (Permanent) visa (subclass 132)

Whom can I include in my application as a dependent?

You can include your partner, your child/step child or your partner child/step child in your application as a dependent.

What is AVCAL?

The Australian Private Equity and Venture Capital Association Limited (AVCAL) is a national association that represent the private equity and venture capital industries. AVCAL firms provide capital for start-up companies, later stage expansion or management buyouts of established companies

How applicants are nominated by state or territories?

Once your application is submitted in SkillSelect, the state or territory decide whether to nominate to apply for the visa or not. All the states and territory government have their own criteria to nominate an applicant. However, in most cases, the relevant state or territory contact with the applicant to discuss business prospects.

Can the health requirements be waived if I fulfil all other criteria to be eligible for the visa?

The health requirement can only be waived if the Medical officer of the Commonwealth is satisfied knowing that the visa can be granted without meeting the health requirement and would be unlikely to result in undue costs or further pressure on healthcare and community services.

What is the visa processing time, if applying in the Venture Capital Entrepreneur stream?

The processing time for venture capital entrepreneur stream is yet not confirmed by the Department of Home Affairs due to limited number of applications.

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