Business Visas & Investor Visas

Visa Migration Options

 

This is an overview of the important visa options to discuss with us if you are intending to do any one of the following activities that may include:

  • starting a new business
  • buying either part or all of an existing business
  • investing in either a Government or private investment fund Australia

Please note that migration requirements change, and you should speak with our team first to ensure that there are no changes taking place that could affect your decision making.

If you are seeking trusted, specialist advice in migration law and business and investment pathways we are independent migration and business specialists.

Migration planning, and your interests are our sole mission.

Business and investor migration planning is complex. You will benefit from the advice of experienced, independent expertise in these areas at:

info@visamigrationoptions.com

As a business migration applicant or investor, you will need to meet both State/Territory and also Federal Government requirements.

Group 1 visas

‘Group 1 visas’ begin with a provisional status period, and progress to a permanent phase after a period of time and meeting the initial criteria.

Group 2 visas

‘Group 2 visas’ are direct permanent residency status, and require you to continue to meet the original conditions and claims you made when applying.

‘GROUP 1 VISAS’ : PROVIONAL VISAS TO PERMANENT VISAS

The Business Innovation Visa

This visa pathway allows you to either establish a new business, or to buy and manage an existing business based in Australia.

It starts as a provisional visa, can be extended for a further provisional period if you need more time to develop the business, and leads to a permanent visa when you have met the requirements after two years.

The key criteria:

  • You need to express your interest in establishing a business in a State or Territory that supports your idea/business plan and application. Some States/Territories have extra requirements in addition to the Australian Federal Government key visa criteria
  • You must be less than 55 years old (this may be waived by the State/Territory if you have an outstanding business plan)
  • You need to meet a ‘points score rating’ in the standard business points criteria list that we can evaluate for you
  • Be able to demonstrate ownership/direct management of one (or two) businesses with a minimum annual turnover of AUD 500,000 for two of the last four years
  • Be able to show personal and business assets of AUD 800,000 or more
  • That you do intend to continue to have ownership and a management role in the business

The Business Investor Visa

Investing 1.5 million in Government bonds for four years is often considered a secure and attractive investment option.

This starts as a provisional visa, and leads to a permanent visa after four years when you are able to meet the requirements of this visa.

The key criteria:

  • That you are a successful business owner or investor with three or more years of experience managing eligible investments or a business
  • You can show at least 10% ownership in a previous business, or a minimum equivalent of AUD 1.5 million in eligible investments in one of the past five years
  • Have nett business and personal assets of the equivalent of AUD 2.25 million for the previous two years
  • You need to express your interest in establishing the business in a State or Territory that supports your application. Some States/Territories have extra requirements in addition to the Australian Federal Government key visa criteria
  • You invest AUD 1.5 million for four years in Government bonds with the State/Territory that you have expressed interest with and that nominates you for this visa
  • You must be less than 55 years old (this may be waived by the State/Territory if you have an outstanding business history)
  • You can meet a ‘points score rating’ in the standard business points criteria list that we can evaluate for you
  • Be in Australia for at least two out of the four year provisional visa time before applying for a permanent visa

The Significant Investor Visa

If you are an investor who needs flexibility about the amount of time you are in Australia for the next four years, this is a prime visa for your consideration.

You may not want to commit yet to a business or investment strategy until you know more about business and economic conditions in Australia, or perhaps you have international business interest and assets that still require you to travel outside Australia.

By investing AUD5 million as required, you do not have age limits, no English language requirements, no points criteria, and you only have to be in Australia for 40 days a year or 160 day total during a 4 year period. This is attractive visa option if you need flexibility for four years, and leads to a permanent visa.

The key criteria:

  • You have nett assets of the equivalent of AUD 5 million that can be transferred to Australia
  • You can show how the investment funds have been lawfully acquired
  • Invest AUD 5 million for the four year provisional visa period in a complying investment including-
  • AUD 500,000 in venture capital funds
  • AUD 1.5 million in emerging company investments
  • AUD 3 million in other managed investment funds (no more than 10% of which can be in residential property)
  • Express your interest in investing in Australia in a State/Territory  Government or Austrade that supports your application

Australian Benchmark Report

Background for your review on Key investor Indicators of Robust Economy, Dynamic Industries, Innovation and Skills, Global Ties and Strong Foundations.

The Entrepreneur Visa

This is an innovative visa to attract talented entrepreneurs with outstanding ideas and prospects to invest in Australia’s future. It’s your business development proposition and idea that is the key here, and being able to meet the basic criteria of both a State Government and the Federal Government.

Perhaps you have other colleagues who are collaborating in an innovation…as long as you hold 30% interest in the activity, this is a visa and migration pathway for you to look at seriously.

The key criteria:

  • You need an entrepreneurial idea for a product or service that you will be involved in developing and commercialising in Australia, and hold a minimum interest of 30 %
  • You must be less than 55 years of age (unless a state or territory determines the applicant’s activity will have exceptional economic benefit to the State or Territory where you will be based in Australia
  • A ‘Competent English’ language level is required and must be demonstrated
  • Have an agreement in place with an authorised entity that shows at least AUD 200,000 with a legal agreement in place to fund the entrepreneurial activity
  • Have a business plan in place that shows how the idea will lead to the development of the product or service in Australia
  • Express your interest in investing in Australia in a State/Territory  Government that supports your application

The Premium Investor Visa

As a Premium Investor you will have AUD15 million to invest in Australian investments, that can also include philanthropic contributions. Austrade is the nominating authority for your application.

The key criteria:

  • Net assets of at least AUD 15 million and evidence that the funds are able to be transferred and can be shown to be lawfully acquired
  • Complying investment in Australia of at least AUD 15 million for four (4) years. That investment must consist of:
    • Australian stocks; ​
    • Australian government bonds;
    • Corporate bonds;
    • Property (excluding residential property); and
    • Government approved charity contribution.

Australian Benchmark Report

Background for your review on Key investor Indicators of Robust Economy, Dynamic Industries, Innovation and Skills, Global Ties and Strong Foundations.

‘GROUP 2 VISAS’ : DIRECT TO PERMANENT ENTRY VISAS

The Significant Business History Visa

This visa is a direct pathway to permanent residence, and is therefore very attractive for many business investors. When you are granted this visa, you and your eligible family have direct permanent residence status in Australia, and you have up to two years after the visa is granted to have the required funds and business activity started in Australia.

You will be required to obtain a substantial ownership interest in an eligible business in Australia, and show that you are using your skills in actively participating at a senior level in the day-to-day management of your business and intend to continue to do so in the future. In this way, Australia will benefit from your significant business history. An eligible business can include a range of business areas that will result in outcomes such as development of business links with international markets, creation of employment in Australia, export of Australian goods or services, new or improved technology for Australia.

The key criteria:

  • You can show an ownership interest in a business that for two out of the last four years and can demonstrate an annual turnover of at least (equivalent of) AUD3 million
  • Be 55 years of age or less (this may be waived if a nominating State or Territory determines that you are of exceptional economic benefit)
  • Have net assets in a business of at least (the equivalent of) AUD 400,000
  • Have net business and personal assets of at least the equivalent of) AUD 1.5 million
  • Have a genuine intention to establish or participate in a business activity in Australia, and your detailed business plan/proposition is a valuable document in this type of application
  • You also need to also meet the specific and varying requirements of the State or Territory where you will establish and operate your business

The Venture Capital Entrepreneur Visa

For entrepreneurial business investors, this is an attractive visa option that has few restrictions if you have a strong business proposition that you can develop together with an authorised venture capital funder. There is no ‘points test’ and therefore no age or English test levels to meet.

There are many advantages in this type of permanent visa, including:

  • stay in Australia permanently
  • benefit from the collaboration with a reputable authorized venture capital entity
  • work in Australia
  • study in Australia
  • enrol in Australia's public health care scheme
  • sponsor certain relatives to come to Australia
  • travel to and from Australia for 5 years and then apply, if eligible, for Australian Citizenship

The key criteria:

  • You need to have an agreement to obtain AUD 1 million in venture capital funding from an authorised funder that meets Australian Government requirements, so that you can proceed and develop a business idea
  • You must have substantial management involvement, on an ongoing basis, in that business
  • Have entered into a formal agreement with a venture capital firm and meet the requirements of the agreement once you have entered Australia
  • Have a genuine interest in developing and maintaining the business or investment

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