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Business Innovation and Investment (Provisional) Visa (subclass 188) – the Significant Investor Stream

Overview

The Business Innovation and Investment (Provisional) visa (subclass 188) offers a pathway for individuals seeking to invest in Australia’s economy while enjoying temporary residency. Among its streams, the Significant Investor stream stands out for its emphasis on substantial investments and long-term commitment.

Business Innovation and Investment (Provisional) Visa (subclass 188) - the Significant Investor Stream

Highlights

  1. Significant Investor Stream: This subclass of the Business Innovation and Investment visa (subclass 188) emphasizes substantial investments and long-term commitment, making it attractive for high-net-worth individuals.
  2. Stay and Cost: Successful applicants can stay in Australia for up to 5 years, with a processing fee starting from AUD13,860.00, providing ample time to engage in investment activities.
  3. Eligibility and Application Process: Applicants need an invitation and nomination from a State or Territory government agency or Austrade, committing to invest at least AUD5 million and demonstrate a genuine intention to reside in the nominating area.
  4. Family Inclusion: The visa allows eligible family members to join the applicant, providing an opportunity for families to experience Australia’s lifestyle and educational opportunities together.
  5. Extensions and Permanent Residency: Pathways to permanent residency are available after fulfilling requirements, with extensions for those needing more time to meet criteria.
  6. Maintaining Investments: Obligation to maintain compliant significant investments throughout the visa period, ensuring continuous reinvestment and adherence to Australian taxation laws.
  7. Compliance and Responsibilities: Applicants and family members must comply with visa conditions and Australian laws, including workplace laws, health insurance coverage, and tax obligations.
  8. Travel Flexibility and Digital Visa: Holders can enter and exit Australia multiple times within the visa’s validity period, and Australian visas are digital, streamlining administrative processes.
  9. Navigating Eligibility Requirements: Before applying, individuals must meet various criteria, including investment capabilities, character assessments, and compliance with Australian values and laws.
  10. Navigating the Application Process: The application process involves submitting an Expression of Interest, receiving an invitation, applying for the visa, and providing accurate information and supporting documents.

Stay and Cost

Successful applicants under this stream can stay in Australia for up to 5 years, with a processing fee starting from AUD13,860.00. This duration allows investors ample time to engage in various investment activities and explore the Australian business landscape.

Eligibility and Application Process

To be eligible, applicants must receive an invitation and nomination from a State or Territory government agency or Austrade, committing to invest at least AUD5 million in compliant Australian investments. Additionally, they must demonstrate a genuine intention to reside in the nominating State or Territory.

Family Inclusion

One of the advantages of this visa stream is the opportunity to include eligible family members, such as spouses, de facto partners, and dependent children, in the application. This provision allows families to experience Australia’s lifestyle and educational opportunities together.

Extensions and Permanent Residency

For those aspiring for permanent residency, the pathway is clear. After fulfilling the necessary requirements and maintaining investment commitments, applicants can transition to the Business Innovation and Investment (Permanent) visa (subclass 888) Significant Investor stream. Extensions are also available for those needing more time to meet permanent residency criteria.

Maintaining Investments

A crucial aspect of this visa stream is the obligation to maintain compliant significant investments throughout the visa period. This includes ensuring the continuous reinvestment of funds into eligible ventures and adhering to Australian taxation laws regarding investment income.

Compliance and Responsibilities

Applicants and their family members must comply with visa conditions and Australian laws throughout their stay. This includes abiding by workplace laws if engaged in business activities, ensuring adequate health insurance coverage, and fulfilling tax obligations.

Travel Flexibility and Digital Visa

The visa offers flexibility in travel arrangements, allowing holders to enter and exit Australia multiple times within the visa’s validity period. Moreover, Australian visas are digital, eliminating the need for physical labels in passports and streamlining administrative processes.

Conclusion

The Business Innovation and Investment (Provisional) visa (subclass 188) Significant Investor stream presents a compelling opportunity for high-net-worth individuals to contribute to Australia’s economy while enjoying temporary residency. By fulfilling investment obligations, adhering to visa conditions, and exploring the diverse opportunities in Australia, investors can pave the way for a successful business journey in the Land Down Under.

Eligibility Requirements for the Business Innovation and Investment (Provisional) Visa (subclass 188)- the Significant Investor Stream

Before applying for the Business Innovation and Investment (Provisional) visa (subclass 188), individuals must first submit an Expression of Interest (EOI). Upon acceptance and nomination by an Australian State or Territory government agency or Austrade, applicants will receive an invitation to apply for the visa.

Meeting Investment Criteria

Applicants must demonstrate their ability to invest at least AUD5 million in complying significant investments. Depending on the invitation date, specific investment proportions apply, including allocations to venture capital, approved managed funds, and a ‘balancing investment.’ Direct investment in residential real estate is prohibited, and investments cannot be used as security for loans.

Maintaining a Clean Record

Prospective applicants and their partners must have no history of involvement in business or investment activities deemed unacceptable in Australia. This requirement underscores the importance of maintaining a reputable business and financial history.

Language and Health Requirements

All applicants aged 18 or over must possess functional English proficiency, or they will be required to pay the second instalment of the visa application charge. Additionally, applicants and their accompanying family members must meet Australia’s health requirements to be eligible for the visa.

Demonstrating Good Character

Meeting character requirements is essential for visa eligibility. Applicants aged 16 or over, as well as family members applying for the visa, must demonstrate good character to satisfy this criterion.

Signing the Australian Values Statement

Applicants and family members aged 18 or older must sign the Australian Values Statement, indicating their commitment to respecting the Australian way of life and obeying Australian laws. This requirement reflects Australia’s emphasis on multiculturalism and adherence to national values.

Resolving Financial Obligations

Applicants and their family members must not owe any debts to the Australian government, or they must have an approved arrangement in place to repay any outstanding amounts. This condition ensures financial responsibility and compliance with government regulations.

Maintaining a Clean Immigration History

Immigration history plays a significant role in visa eligibility. Individuals who have had a visa cancelled or a previous application refused may face challenges in obtaining the Business Innovation and Investment (Provisional) visa. However, certain circumstances may allow for exceptions or alternative pathways to permanent residency.

Conclusion

Navigating the eligibility requirements for the Business Innovation and Investment (Provisional) visa (subclass 188) demands careful consideration of various criteria, including investment capabilities, character assessments, and compliance with Australian values and laws. By fulfilling these prerequisites, individuals can position themselves for a successful application and embark on their entrepreneurial journey in Australia.

Guide to Applying for the Business Innovation and Investment (Provisional) Visa (subclass 188)- the Significant Investor Stream

Step 1: Before You Apply

Before embarking on your application journey for the Business Innovation and Investment (Provisional) visa (subclass 188), it’s crucial to follow a step-by-step approach to ensure a smooth process.

  • Help with Your Expression of Interest (EOI) Should you require assistance with your Expression of Interest (EOI), seeking guidance from a registered migration agent or legal practitioner is advisable. These professionals can provide valuable insights and support throughout the application process.
  • Checking Eligibility Checking your eligibility is the first crucial step. Each nominator, whether it’s Austrade or a State or Territory government agency, assesses EOIs based on their specific criteria. Familiarize yourself with the eligibility criteria outlined by the relevant nominator to enhance your chances of success.
  • Gathering Necessary Documents Prepare all required documents meticulously. These documents should not only support the claims made in your EOI but also fulfill other eligibility criteria for the visa. Having these documents ready before submitting your EOI streamlines the process.
  • Submitting Your EOI Once you’ve gathered all necessary documents, submit your EOI via SkillSelect. Remember, an EOI is not a visa application, and there’s no charge for submitting it. Select the Business Innovation and Investment (Provisional) visa (subclass 188) and await confirmation of submission.

Step 2: Receiving an Invitation to Apply

After submitting your EOI, if nominated by an Australian State or Territory government agency or Austrade, you may receive an invitation to apply for the visa. Invitations can be received within two years of submitting your EOI.

  • Meeting Eligibility Criteria Upon receiving an invitation, ensure you satisfy all eligibility criteria outlined by the Australian immigration authorities. Failure to meet these criteria may result in the visa not being granted.
  • Making Changes to Your EOI You can make changes to your EOI if necessary, such as applying for a different visa or updating your circumstances. However, changes cannot be made after receiving an invitation.

Step 3: Applying for the Visa

Once you’ve received an invitation, it’s time to apply for the visa. Apply online through ImmiAccount, following the instructions provided in your invitation letter. Uploading all required documents to ImmiAccount ensures efficient processing and reduces processing times.

  • Providing Accurate Information Accuracy is paramount when providing information for your visa application. Ensure all details are true and verifiable, as false information could jeopardize your application.
  • Sending Supporting Documents Depending on when you lodged your application, you may need to send supporting documents after submission. Follow the specified procedures for sending documents based on your application lodgment date and location.

Step 4: After You Apply

After submitting your application, stay informed about its status and adhere to any additional requirements.

  • Status Updates While updates on application status are not provided, you’ll be contacted if additional information is required. Be patient and await communication from immigration authorities.
  • Travel Considerations You don’t need to inform authorities if you plan to travel outside Australia during the application process. However, ensure you have a valid visa if planning to return before a decision is made.
  • Health Exams and Biometrics Depending on your circumstances, health examinations and biometrics may be required. Follow instructions provided by immigration authorities regarding these assessments.

Step 5: Visa Outcome

Upon assessment of your application, you’ll receive written notification of the visa decision. If granted, important details such as the visa grant number, start date, and conditions will be provided. Keep a copy of the decision for reference.

  • Refund Policy If your visa application is refused, you’ll be informed of the reasons and whether you have a right to review the decision. Application fees are non-refundable in case of refusal.

By following these steps diligently and ensuring compliance with all requirements, you can navigate the application process for the Business Innovation and Investment (Provisional) visa (subclass 188) effectively.

Exploring Life in Australia on the Business Innovation and Investment (Provisional) Visa (subclass 188)- the Significant Investor Stream

Coming to Australia: Before You Leave

Before embarking on your journey to Australia, it’s essential to ensure you have all the necessary travel documents in order. This includes a valid visa to enter Australia and a current passport or other acceptable travel document.

  • At the Border: Completing an Incoming Passenger Card Upon arrival in Australia, all passengers are required to complete an Incoming Passenger Card. This form is typically provided onboard the aircraft and must be filled out accurately.
  • Leaving the Airport Faster with SmartGate: To expedite your exit from the airport, consider utilizing SmartGate, an automated process that utilizes facial recognition technology and ePassports. This may help streamline the departure process.

In Australia: What You Can Do

While holding the Business Innovation and Investment visa (subclass 188), there are certain privileges and responsibilities to be aware of.

  • Privileges of the Visa: With this visa, you can engage in investment activities in Australia, travel to, enter, and remain in the country for up to five years, bring eligible family members with you, and potentially apply for permanent residency under certain conditions.
  • Responsibilities of the Visa: It’s crucial to maintain your investment throughout the duration of your provisional visa and comply with Australian workplace laws. Additionally, promptly informing authorities of any changes in circumstances, such as contact information or family status, is required.
  • Staying Duration: The Business Innovation and Investment visa (subclass 188) allows for a stay of four years and three months. However, if granted before July 1, 2015, the duration is four years. To determine your specific stay requirements, utilize the Visa Entitlement Verification Online (VEVO) platform.
  • Extending Your Stay: Should you require additional time in Australia, you can apply for an extension through the Business Innovation and Investment (Provisional) visa (subclass 188) Significant Investor Extension stream.
  • Travelling on Your Visa: The visa permits multiple entries, allowing you to travel outside Australia and return as many times as necessary while the visa remains valid. However, time spent outside Australia does not extend the visa duration.
  • Proving Your Visa Status: To demonstrate your visa status or conditions to relevant parties, VEVO can be utilized. Additionally, international movement records can be requested to provide proof of travel in and out of Australia.
  • Bringing Family Members: Family members wishing to join you in Australia must submit separate online applications. Newborns and dependent children can be added to your visa application, while additional family members are considered subsequent entrants.

Leaving Australia: Before You Depart

Before leaving Australia, ensure you possess a valid passport or travel document to facilitate your departure smoothly.

  • At the Border: Leaving the Airport Faster Similar to arrival procedures, departing passengers may utilize SmartGate to expedite the departure process.
  • After You Leave: Proving Your Visit Upon departure, you can request international movement records to obtain proof of your travel to and from Australia. This documentation may be useful for future reference or visa-related inquiries.

By understanding the privileges, responsibilities, and procedures associated with the Business Innovation and Investment visa (subclass 188), you can make the most of your time in Australia while complying with all relevant regulations and requirements.

FAQ

To be eligible for this visa, you must meet several criteria, including being invited to apply, being nominated by a State or Territory government agency or Austrade, and having a genuine intention to invest at least AUD5 million in complying significant investments in Australia.

Yes, if you meet certain requirements, including maintaining your investment for the duration of your provisional visa and living in Australia for a specified period, you can apply for a permanent Business Innovation and Investment (Permanent) visa (subclass 888) Significant Investor stream.

Investment options include venture capital and growth private equity funds, approved managed funds focusing on emerging companies listed on the Australian Stock Exchange, and a ‘balancing investment’ in managed funds. Direct investment in residential real estate is prohibited.

The visa allows you to stay for up to 5 years initially, with the possibility of extensions. The duration may vary based on the time of application and other factors.

No, you can travel outside Australia and return as many times as you want while the visa is valid. However, the time spent outside Australia does not extend the visa duration.

Obligations include compliance with visa conditions and Australian laws, maintaining business and investment activity in Australia, and meeting the residency requirements for permanent residency eligibility.

The visa costs AUD13,860.00 for the main applicant, with additional charges for family members. There may also be additional charges for those with limited English proficiency or for health assessments.

Yes, eligible family members, including dependent children and spouses or de facto partners, can be included in the application. There are specific procedures for subsequent entrants.

Failure to meet requirements or provide necessary documentation may result in delays in processing or even rejection of the application. It’s essential to ensure all requirements are met to avoid complications.

Applicants with a history of visa cancellations or refusals may face limitations or ineligibility for this visa. However, there may be exceptions, and it’s advisable to seek guidance in such cases.

To start the application process, you must first submit an Expression of Interest (EOI) through SkillSelect.

Submitting an EOI allows you to notify the Australian government of your intention to apply for the visa and provides information about your skills, qualifications, and investment experience.

You can check your eligibility by ensuring you meet all the criteria specified by the Australian government and by having a nominator assess your EOI.

Before submitting your EOI, you should gather documents that prove all the claims you make in your EOI and support other eligibility criteria for the visa.

After you submit your EOI, if you are nominated by an Australian State or Territory government agency or Austrade, you may receive an invitation to apply for the visa.

No, you cannot make changes to your EOI after receiving an invitation to apply for the visa.

If you can’t meet the eligibility criteria, you should not apply for the visa at that time. You may update your EOI after the 60-day invitation period.

If you receive an invitation, you have 60 calendar days to apply for the visa. This time will not be extended.

If you do not apply for the visa after two invitations, your EOI will be removed from SkillSelect.

Yes, you can travel outside Australia while your visa application is being processed, but you must have a valid visa to re-enter Australia before a decision is made on your application.

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