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How can I get a Business Visa?

The Business Visas are for business people who wish to conduct short business trips, establish or manage a new or existing business or invest in Australia.

The main Business Visas are :

Business Visits
Business Innovation and Investment (Provisional) Visa (subclass 188)
Business Innovation and Investment (Permanent) Visa (subclass 888)
Business Talent (Permanent) Visa (subclass 132)

BUSINESS VISITOR (VISITOR VISA)

The purpose of the Visitor visa is to allow people

• Travel to Australia for tourism or business purposes (attending a conference or seminar, participating in a negotiation or exploring a business opportunity).
• Visit family, on a temporary basis.
Requirements:
• Genuinely intend to visit Australia for an eligible business activity.
• Have personal attributes and a business background that are relevant to your proposed business activities in Australia.
• Have sufficient funds to cover your costs while you are in Australia.
• Meet the relevant health and character requirements.

THE BUSINESS INNOVATION AND INVESTMENT (PROVISIONAL) VISA

The purpose of this visa is to allow people

• Establish a new or develop an existing business and/or invest in Australia, make a designated investment with an Australian state or territory government or make and maintain complying investments in Australia.
• Travel in and out of Australia for the life of your visa.
• Bring family members with you to Australia.
• Seek permanent residence by applying for a Business Innovation and Investment (Permanent) visa (subclass 888).

The visa includes four streams:

( A ) Business Innovation stream

For people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.

Requirements:

• Be under 55 years of age.
• Score at least 65 on the points test.
• for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years.
• Own at least one of the following percentage of your nominated main business :
51 per cent, if the business has a turnover of less than AUD400 000 per year.
30 per cent, if the business has a turnover of AUD400 000 or more per year.
10 per cent, if the business is a publicly listed company.
• Have an overall successful business career.
• Have a genuine desire to continuously own and maintain a management role in a business in Australia.
If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have total net business and personal assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.

You and your partner must have had no involvement in unacceptable business or investment activities.

( B ) Investor stream

For people who want to make a designated investment of at least AUD1.5million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government

Requirements:

• Be under 55 years of age.
• Score at least 65 on the points test.
• Have a high level of management skill in relation to the eligible investment or qualifying business activity.
• Have at least three years’ experience of direct involvement in managing one or more qualifying businesses or eligible investments.
• Have an overall successful record of eligible investment or qualifying business activity.
• Have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured.
• Have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.

You, your partner, or you and your partner combined must:

• For at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following :
A qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or
Eligible investments owned by you, your partner or you and your partner combined of at least AUD1 5million.
• During the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted.
• Make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory.
• Have had no involvement in unacceptable activities.

Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.

( C ) Significant Investor stream

For people who are willing to invest at least AUD5million into complying significant investments in Australia and want to maintain business and investment activity in Australia. Applicants can be nominated by a state or territory government or Austrade on behalf of the Australian government.

Requirements:

You must have a genuine and realistic commitment to :

• Reside in the state or territory whose government agency nominated you.
• Continue your business and investment activity in Australia after the conclusion of your provisional visa.
• Live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.

You, your partner, or you and your partner combined must have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not have been involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
You must also make a complying investment or a complying significant investment of at least AUD5 million over four years.

( D ) Premium Investor stream

For people who are willing to invest at least AUD15million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Applicants must be nominated by Austrade on behalf of the Australian government.

Requirements:

You must make a complying investment of at least AUD15 million in any of the following options :

• Australian securities exchange listed assets.
• Australian government or semi-government bonds or notes.
• Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating agency.
• Australian proprietary limited companies.
• Real property in Australia excluding residential property.
• Deferred annuities issued by Australian registered life companies.
• State or territory government approved philanthropic contribution.

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also have a genuine and realistic commitment to continue your business and investment activity in Australia after the conclusion of your provisional visa.

You, your partner (spouse or de facto), or you and your partner combined must have net assets of at least AUD15 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.
You and your partner must not have been involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

THE BUSINESS INNOVATION AND INVESTMENT (PERMANENT) VISA

This is the second stage of the Business Innovation and Investment (Provisional) Visa and can be applied after the requirements of the provisional visa are satisfied.

This visa will allow you to:

• Continue to own and manage a business in Australia (the Business Innovation stream).
• Continue business and investment activity in Australia (the Investor stream and the Significant Investor stream).

This is a permanent residence visa. It lets you and any family members who have also been granted this visa :

• Stay in Australia indefinitely.
• Work and study in Australia.
• Enrol in Medicare, Australia’s scheme for health-related care and expenses.
• Apply for Australian citizenship (if you are eligible).
• Sponsor eligible relatives for permanent residence.
• Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

Requirements :

You might be able to get this visa if you are nominated by a state or territory or the Australian government

• Hold a provisional Business Innovation and Investment visa (subclass 188) and have met the requirements of that visa in the stream in which you first applied.
• Hold a Special Category visa (subclass 444) or a Business (Long stay) visa (subclass 457IE) and have met the requirements of the business innovation stream.

THE BUSINESS TALENT VISA

The Business Talent visa (subclass 132) allows you to establish a new or develop an existing business in Australia.

This is a permanent residence visa. It lets you and any family members who have also been granted this visa :

• Stay in Australia indefinitely.
• Work and study in Australia.
• Enrol in Medicare, Australia’s scheme for health-related care and expenses.
• Apply for Australian citizenship (if you are eligible).
• Sponsor eligible relatives for permanent residence.
• Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

The visa includes two streams:

( A ) Significant Business History

For affluent owners or part owners of a business who want to have a major management role in a new or existing business in Australia

Requirements :

You, your partner, or you and your partner combined must have all of the following

• Total net assets of at least AUD400 000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital.
• Net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted.
• A total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
• Ownership of at least :
51 per cent of a business with turnover of less than AUD400 000 per year
30 per cent of a business with turnover of more than AUD400 000 per year, or
10 per cent of a publicly listed company
• An overall successful business career.
• No involvement in unacceptable business activities.
• A genuine desire to own and maintain a management role in a business in Australia.

You must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.

( B ) Venture Capital Entrepreneur

For people who have obtained at least $AUD 1 Million in funding from an Australian venture capital firm

Requirements :

• Have received at least AUD1 million in funding from an Australian venture capital firm.
• Have entered into a formal agreement with the venture capital firm for the funding.
• The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.
• The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL).

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