Australian Business immigration
Australian Business Immigration Skill Visa is available to businessmen, high net worth individuals, or venture capital firms, who have established business enterprises and/or keen to invest in Australia. Australia is one of the best and stable economies in the world, is a highly attractive investment destination. The Australian Business Immigration & Visas are given to experienced business people to migrate to Australia and set up their businesses or invest in businesses in Australia. The Australian government has made business immigration to Australia from across the world very encouraging.
Australia Business Visa Requirements:
Investors Visa in Australia requires few guidelines to be met, which are different from guidelines set for individuals and travelers. There are again 3 types of Investor Visas available for you to choose from. We will help you select a suitable category for you, based on the size of your investment and interest. The higher the investment, the higher will be the benefits offered by the Australian states and the lesser will be the eligibility criteria for permanent residency.
- Business Innovation Stream
- Investor Stream
- Significant Investor Stream
- Premium Investor Stream
- Entrepreneur Stream
Requirements For Business Innovation Visa For Australia:
Apart from age and points test criteria that are some mandatory criteria for all the business visa categories (explained in business investor visa); Business Innovation visa applicants must meet these requirements:
Out of 4 fiscal years immediately before applying for a business innovation visa for Australia, 2 years of which you must have had a minimum turnover of AUD 500,000 in the businesses in which you had an ownership interest.
Own at least one of the below mentioned businesses:
- 51% of the business, if the turnover of it is less than AUD 400,000, per year.
- 30% of the business, if the turnover of it is AUD 400,000 or higher, per year.
- 10% of the business, if it is a public listed company.
You alone or in the partnership must own at least AUD 800,000 of net assets that are lawfully accumulated and legally transferable to Australia if a business visa is granted.
Significant Investor Stream Visa For Australia:
Australian immigration department provides investor visas for those willing to invest AUD 5 million at the minimum under Significant Investor Visa over 4 years.
Business Innovation Stream:
This stream of visa category is for those businessmen with proven business skills who intend to start, develop, and manage either a new or an existing business in Australia.
Requirements Of Significant Investor Visa:
Commitment: As an applicant in this category, you should prove your genuine interest and commitment to reside in the state or territory that nominated you.
Continuation of Business/ Investment Plans: Even after your provisional visa concludes, you should continue your business or investment plans drawn for Australia.
Australia as your residence: You must reside in Australia for at least 40 days in a year, during your provisional visa period, OR prove your spouse has lived in Australia for at least 180 days in a year during the period of your provisional visa.
In case of Partnership:
You, your partner either individually or combined must have acquired net assets worth AUD 5 million legally and the same can be complied to be invested in Australia.
Neither you nor your partner must have been engaged in unlawful business or investment activities.
Action against Commonwealth: You and your family members who are over 18 years must assure you that you will not bring any action against Commonwealth, in case you incur any loss of investment in Australia.
As with all other laws, taxation laws apply to the Significant Investor visa category too.
It is highly advised that you seek legal advice to know what is ‘complying significant investment’ and whether your investment options comply with the required investment criteria.
Professional immigration service providers help you in weighing your investment options and arranging relevant documents.
Premium Investor Stream Visa For Australia:
Australian investor visa under the Premium Investor Visa category is for those who are willing to invest at least AUD 15 million and comply with the premium investments criteria in Australia. This investor visa is extended to only those applicants who are nominated by Austrade, on behalf of the Australian Government.
Continuation of business/ investment: As a Premium Investor Visa holder, you should continue your business and/ or investment plans in a designated Australian state/ territory even after your provisional visa concludes.
Net assets available for complying investments: Must be of at least AUD 15 million (acquired by you / your partner / your spouse / your de facto partner).
None of you must have any record of being engaged in unacceptable business interests or investment activities.
As specified in the Significant Investor Visa requirement, you, your family members over 18 years, and your partner must agree not to bring action against Commonwealth in case you incur a loss of your investment.
The income you earn under this category is governed by Australian taxation laws, as applicable to any businesses operating in Australia.
Under Premium Investor Visa, you’re complying investment can be made under the following options:
- Australian state/ territory approved humanitarian activities.
- Deferred grants issued by Australian Life Companies.
- Australian proprietary limited businesses.
- In Real estate in Australia, this does not include residential properties.
- Assets listed under Australian Securities Exchange.
- Bonds issued by Australian Government / Semi government agencies.
- Corporate bonds issued by a business enterprise listed on Australian Exchange or AFS licensed debt rating agency for investment rated corporate bonds.
Entrepreneur Stream Visa For Australia:
Investment immigrants to Australia can apply under Entrepreneur Visa if they have arranged a 3rd party to invest at least AUD 2,00,000 into Australia. The investment may either be utilized to set up a new business or fund an existing business for expansion, which will lead to the development of commercial products and services.
On meeting the below requirements, the investment can be funded by:
- Australian state or territory
- Commonwealth government agency
- A research organization that has to publish funding
- Approved higher education provider
- Investors registered as Early State Venture Capital Limited Partnership or Australian Venture Capital Limited Partnership.
Requirements for Entrepreneur Stream Visa for Australia:
To apply for Entrepreneur Visa, one must meet the above-mentioned requirements of the business Investor Visa category, in terms of age, English language proficiency, and genuine interest in carrying out business in Australia.
Another important requirement in business immigration visa type is the applicant must engage in ‘Complying Entrepreneur Activity’. Meaning, the applicant can engage in any business activity that leads to the commercialization of products or services, excluding; labor hire, residential properties, and buying out an existing business entity or franchise in Australia.
At the least, 10% of the funding must be payable to the entrepreneurial venture within a year of its starting in Australia.
As a business investor, you should have at least 30% business interest in the venture.
A thoroughly thought out business plan must be in place to show your keenness in your entrepreneurial interest.
Investor Stream Visa For Australia:
Since the very common category in investor immigration to Australia is Investor Stream, we have elaborated the eligibility criteria for Investor Visa for Australia below.
Read the detailed guideline for getting a visa for business investment in Australia under Subclass 188. The business investment visa (subclass 188) is initially granted on a provisional basis for 4 years. Upon completion of the provisional term and meeting the eligibility criteria, the business migrants can apply for Australia Permanent business visa under subclass 888.
- Age: The general guidelines for age criteria for individual visas is, the applicant should be below 50 years. However, for the Australian Business Visa application, the age criterion is set up to 55 years.
If the proposed investment plan is remarkably lucrative and forecasts to bring in great economic benefits, the state may extend the age criteria for business investors to 59 years.
- Points Test: The business investment Visa is granted to those applicants who score at least 65 points on the points test.
- Proven Management Skills: Investor immigration to Australia is a very common phenomenon in recent years. To be considered for invitation from DIBP (Department of Immigration and Border Protection), the applicant must show that they possess impressive management skills corresponding to the proposed investment plan and business activity.
- Experience: The business investor visa applicants in Australia, must have a minimum of 3 years of thorough experience in similar business ventures or handling an equal amount of planned investment.
- Previous track record: To become eligible for a business investment visa in Australia, you should show a successful business track record in similar or larger business enterprises or investments.
- Commitment: You, as a business investor, should show genuine and consistent interest in investing and running the business in Australia, for the DIBP to invite you for applying for business investor visa.
- Intention to live in Australia: Business visa applicants should also show that they intend to stay in Australia for at least 2 years in the state where they have made the intended investment.
- If you are investing in partnership: It is mandatory for the business investment visa applicants, either solely, or in partnership to have managed a business enterprise and/ or investment of proposed size directly for at least one year in the last 5 fiscal years before the invitation for application is issued by DIBP. It can be either in a way of 1) Owning AUD 1.5 million either solely, combined or by your partner. OR; 2) either you, your partner, or both of you must own at least 10% of ownership interest in the proposed business or similar business interests.
- Mobilization of investment: The Department of Immigration and Border Protection must be shown that you own a minimum of AUD 2.25 million as net assets/business just before 2 years of receiving an invitation for an investment visa in Australia and that you can legally transfer the funds to Australia within 2 years of your investment visa issuance.
- Illicit business interests: The business investment visa in Australia is not issued to applicants with illicit business interests. One must prove to the business immigration authorities of Australia, that they have a genuine interest in carrying out business in the Australian territory and abide by the laws.
- Investment: Business immigration as a form of investment is supposed to invest at least AUD 1.5 million in the designated territory of Australia and hold the same for at least 4 years after the business investment visa issuance. The invested funds must be derived from either eligible business or appropriate funds ready to be invested (Refer point 8 above)
Business people, who are looking for greener pastures to invest their money and establish businesses can check out their eligibility against the above-mentioned Australia Business Visa requirements and if eligible, can proceed with applying for a business visa.
The taxation laws of Australia apply to every business investment and venture of business immigrants. One business immigration visa application will suffice, even if you have one or more business ventures. The turnover of 2 of your substantial business ventures can be combined to reach the marked business turnover/assets in eligibility criteria for business investment in Australia.
There is no compulsion as to what kind of business you should start or invest in as long as you are meeting the business visa requirements set by the Australian immigration authority. Once you get permanent residency status, you are free to do whatever you want.
Under Provisional Business Investor Visa, you can bring your family/dependents. However, your spouse cannot start a business under your investor visa, whereas he/she can work in Australia. The schooling is available for the school-age child/children.
Australian Business Immigration Consultants:
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