Business Innovation & Investment (Provisional) Visa
Business Innovation & Investment Subclass 188 visas are for investors and business owners who wish to establish business operations in Australia. The visa is valid for 4 years.
Here are the primary types of business innovation and investment (provisional) available for Australia:
Business and Innovation Stream (Subclass 188 A)
The Business Innovation Stream is for people with business skills who want to establish, develop, and manage a new or existing business in Australia. You must be nominated by an Australian State or Territory government agency and meet the points test for this visa.To be nominated, the applicant must lodge an Expression of Interest (EOI) through the SkillSelect system.
The Business Innovation and Investment visa program (BIIP) will cease, with refunds of the visa application charge provided from September 2024 for those who wish to withdraw their BIIP application.
This is a 5-year temporary visa, for people who want to own and manage a new or existing business in Australia. Once the applicant has established an ownership interest in an Australian business, the applicant can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa. A 2-year extension is possible once the applicant has held the subclass 188 visa for 3 years, giving 6 years from the date of grant of the original Visa.
- You must have had an ownership interest in one or more businesses that had at least AUD 750,000 turnover in each of at least two of the four fiscal years immediately before you are invited to apply.
- You and your partner must have combined net business and personal assets of at least AUD 1.25 million that are legally acquired and available for legal transfer to Australia within two years of the visa being granted.
- You must own at least:
- 51% of a business with a turnover of less than AUD 400,000 per year, or
- 30% of a business with a turnover of AUD 400,000 or more per year, or
- 10% of a publicly listed company.
- You must have a successful business career and a genuine desire to continuously own and manage a business in Australia.
- You and your partner must not have a history of involvement in unacceptable business activities.
- Generally, you must be under 55 years of age, although some nominating State or Territory governments might waive this requirement if your proposed business will be of exceptional economic benefit to the region.
- You must score at least 65 points on the Business Innovation and Investment points test, which assesses factors such as age, English language ability, qualifications, experience in business or investment, net personal and business assets, and innovation.
- You must meet Australia’s health and character requirements.
This visa is processed on a case-by-case basis. Processing times can vary.The latest processing times published by the Department of Home Affairs are as follows:
- 50% of applications: 35 months.
- 90% of applications: 51 months.
The visa costs from AUD 1,170.00 for the main applicant.
Investor Stream (Subclass 188 B)
The Investor Stream is designed for individuals who want to make a designated investment of at least AUD 2.5 million in an Australian State or Territory and maintain business and investment activity in Australia. This is a 5-year temporary visa.
After maintaining an investment in Australia for 4 years, the applicant can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa.The applicants can either be in Australia or overseas to lodge this visa.
The applicant must reside for at least 2 years in the nominating State.
If the applicant is in Australia:
Must hold a Substantive Visa or a Bridging A, B or C visa.
The Business Innovation and Investment visa program (BIIP) will cease, with refunds of the visa application charge provided from September 2024 for those who wish to withdraw their BIIP application.
- The applicant has had business and personal net assets of at least AUD 2.5 million for the last two fiscal years.
- Under 55 years of age, unless the nominating state or territory certifies that the applicant will make an exceptional economic benefit and the applicant must make a complying investment.
- Have 3 years of experience either managing a qualifying business or “eligible investments” and have shown a high level of management skill.
- For at least 1 of the 5 fiscal years, you have either:
- Managed a business in which you hold a 10% shareholding; or
- Manage “eligible investments” of at least AUD 1.5 million.
- Eligible investments include:
- Ownership interests in a business
- Cash on deposit
- Stocks or bonds
- Real estate
- Gold or bullion
- Loan to a business
- You must score at least 65 points (the pass mark) in the points test to be eligible to apply for the Investor Stream. The test gives points for various elements of human capital and business innovation and includes objective measures of business performance.
This visa is processed on a case-by-case basis. Processing times can vary.The latest processing times published by the Department of Home Affairs are as follows:
- 50% of applications: 37 months.
- 90% of applications: 49 months.
The visa costs from AUD 9,710.00 for the main applicant.
Significant Investor Stream (Subclass 188 C)
The Significant Investor Stream (Subclass 188C) is part of the Business Innovation and Investment (Provisional) visa program. It is designed to attract high net-worth individuals who are willing to make a significant investment in Australia. This visa provides a pathway to permanent residency through the Business Innovation and Investment (Permanent) visa (subclass 888C).
Key Features:
- Permanent Residency: Provides permanent residency status in Australia.
- Pathway to Citizenship: This can lead to Australian citizenship if other eligibility criteria are met.
- Work and Study Rights: Grants the right to live, work, and study in any part of Australia.
- Family Inclusion: Allows for eligible family members to be included in the application.
- Healthcare and Social Security: Access to Medicare and Social Security Benefits.
- Travel Rights: Permits travel to and from Australia for five years from the date the visa is granted. After this period, a Resident Return visa or Australian citizenship is required for travel.
- Nomination: Must be nominated by an Australian state or territory government or Austrade (the Australian Trade and Investment Commission).
- Investment: Must make a significant investment of at least AUD 5 million in Australia.
- Source of Funds: Must demonstrate that the funds used for the investment are lawfully acquired.
- Health and Character: Must meet health and character requirements.
Complying Investment Framework:
The AUD 5 million investment must be made in the following proportions:- Venture Capital and Growth Private Equity Funds: At least AUD 1 million must be invested in venture capital and growth private equity funds that invest in start-ups and small private companies.
- Approved Managed Funds: At least AUD 1.5 million must be invested in approved managed funds that invest in emerging companies listed on the Australian Stock Exchange.
- Balancing Investment: The remaining AUD 2.5 million must be invested in managed funds that may invest in a range of assets, including Australian listed securities, eligible corporate bonds or notes, annuities, and commercial real estate.
This visa is processed on a case-by-case basis. Processing times can vary.The latest processing times published by the Department of Home Affairs are as follows:
- 50% of applications: 21 months.
- 90% of applications: 32 months.
The visa costs from AUD 1,170.00 for the main applicant.
Premium Investor Stream (Subclass 188 D)
The Premium Investor Stream (Subclass 188D) is part of the Business Innovation and Investment (Provisional) visa program, designed to attract individuals with significant funds to invest in Australia. This visa is intended for those who are willing to make a substantial investment and provides a pathway to permanent residency.
Key Features:
- Provisional Residency: Provides temporary residency in Australia for up to 4 years and 3 months.
- Pathway to Permanent Residency: Holders can apply for permanent residency through the Business Innovation and Investment (Permanent) visa (subclass 888D) after maintaining the investment for at least 12 months.
- No Points Test: The visa does not require a points test.
- High-Value Investment: Requires a significant investment of at least AUD 15 million.
- Nomination: Must be nominated by Austrade (the Australian Trade and Investment Commission).
- Investment: Must make a complying premium investment of at least AUD 15 million in Australia.
- Source of Funds: Must demonstrate that the funds used for the investment are lawfully acquired.
- Health and Character: Must meet health and character requirements.
Complying Investment Framework:
The AUD 15 million investment must be made in one or more of the following complying investments:
- Australian Government or Semi-Government Bonds.
- Australian Listed Securities.
- Australian Unlisted Companies: Investments in proprietary limited companies.
- Real Estate: Commercial real estate in Australia, excluding residential real estate.
- Australian Infrastructure Projects: Direct investments in such projects.
- Other Approved Investments: As determined by Austrade.
This visa is processed on a case-by-case basis. Processing times can vary.The latest processing times published by the Department of Home Affairs are as follows:
- 50% of applications: 17 months.
- 90% of applications: 19 months.
The visa costs from AUD 9,455.00 for the main applicant.
Entrepreneur Stream (Subclass 188 E)
The Entrepreneur Stream (subclass 188E) is part of the Business Innovation and Investment (Provisional) visa program. This stream is designed for individuals who have an innovative business idea and have secured funding from an approved third party to develop and commercialize it in Australia. The visa provides a pathway to permanent residency through the Business Innovation and Investment (Permanent) visa (subclass 888).
Key Features:
- Provisional Residency: Provides temporary residency in Australia for up to 4 years and 3 months.
- Pathway to Permanent Residency: Offers a pathway to permanent residency through the subclass 888 visa after meeting certain business and residence requirements.
- Innovation and Entrepreneurship: Focuses on supporting entrepreneurs with innovative business ideas and products.
- Nomination: Must be nominated by an Australian state or territory government.
- Funding Agreement: Must have a legally binding agreement to receive at least AUD 200,000 in funding from an approved third party, such as a venture capital firm, an angel investor, or a government grant.
- Business Activity: The funding must be used for a business activity in Australia that aims to commercialize a product or service, or to develop an innovative business.
- Ownership Interest: Must hold at least a 30% interest in the business.
- English Language Proficiency: Must demonstrate competent English.
- Health and Character: Must meet health and character requirements.
This visa is processed on a case-by-case basis. Processing times can vary.The latest processing times published by the Department of Home Affairs are as follows:
- 50% of applications: 16 months.
- 90% of applications: 23 months.
The visa costs from AUD 6,570.00 for the main applicant.